1.1                          A bill for an act 
  1.2             relating to family law; reforming and recodifying the 
  1.3             law relating to marriage dissolution, child custody, 
  1.4             child support, maintenance, and property division; 
  1.5             making style and form changes; amending Minnesota 
  1.6             Statutes 2000, sections 171.186, by adding a 
  1.7             subdivision; 171.30, subdivision 1; 256.9791; 518.002; 
  1.8             518.003, subdivisions 1, 3; 518.005; 518.01; 518.02; 
  1.9             518.03; 518.04; 518.05; 518.055; 518.06; 518.07; 
  1.10            518.09; 518.10; 518.11; 518.12; 518.13; 518.131, as 
  1.11            amended; 518.14, subdivision 1; 518.148; 518.156; 
  1.12            518.157, subdivisions 1, 2, 3, 5, 6; 518.158, 
  1.13            subdivisions 2, 4; 518.165; 518.166; 518.167, 
  1.14            subdivisions 3, 4, 5; 518.168; 518.1705, subdivision 
  1.15            6; 518.1751, subdivisions 2, 2a, 2b, 2c, 3; 518.176, 
  1.16            as amended; 518.177; 518.178; 518.179, subdivision 1; 
  1.17            518.24; 518.25; 518.54, subdivisions 1, 5, 6, 7, 8; 
  1.18            518.55, as amended; 518.552; 518.58; 518.581; 518.582; 
  1.19            518.619; 518.62; 518.64, subdivision 1; 518.641, as 
  1.20            amended; 518.642; 518.646; 518.65; 519.11, subdivision 
  1.21            1; Minnesota Statutes 2001 Supplement, sections 
  1.22            518.155; 518.175; 518.1751, subdivision 1b; 518.18; 
  1.23            518.612; 518.64, subdivision 2; proposing coding for 
  1.24            new law in Minnesota Statutes, chapters 517A; 518; 
  1.25            proposing coding for new law as Minnesota Statutes, 
  1.26            chapters 517B; 517C; repealing Minnesota Statutes 
  1.27            2000, sections 518.111; 518.17; 518.171, subdivisions 
  1.28            2, 2a, 3, 7, 9, 10; 518.185; 518.255; 518.54, 
  1.29            subdivisions 2, 4a, 13, 14; 518.551, subdivisions 5a, 
  1.30            5b, 5c, 5d, 5f, 6, 7, 9, 11, 12, 13, 13a, 14, 15; 
  1.31            518.5513, subdivisions 1, 2, 3, 4, 6; 518.553; 518.57; 
  1.32            518.575, subdivision 2; 518.585; 518.5851, 
  1.33            subdivisions 1, 2, 3, 4, 5, 6; 518.5852; 518.5853, 
  1.34            subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11; 
  1.35            518.61; 518.6111, subdivisions 1, 2, 3, 4, 6, 7, 8, 9, 
  1.36            10, 11, 12, 13, 14, 15, 16, 17, 18; 518.614; 518.615; 
  1.37            518.616; 518.617; 518.618; 518.64, subdivisions 4, 4a, 
  1.38            5; Minnesota Statutes 2001 Supplement, sections 
  1.39            518.171, subdivisions 1, 4, 5, 6, 8; 518.1752; 
  1.40            518.551, subdivisions 1, 5, 5e; 518.5513, subdivision 
  1.41            5; 518.575, subdivision 1; 518.5851, subdivision 7; 
  1.42            518.5853, subdivision 12; 518.6111, subdivisions 5, 
  1.43            19; 518.6195; 518.6196. 
  1.44  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.1                              ARTICLE 1 
  2.2        MARRIAGE DISSOLUTION, LEGAL SEPARATION, AND ANNULMENT 
  2.3      Section 1.  [517A.25] [SIX-MONTH REVIEW.] 
  2.4      (a) A decree of dissolution or legal separation or an order 
  2.5   that establishes child custody, parenting time, or support 
  2.6   rights and obligations of parents must contain a review date six 
  2.7   months after its entry.  At the six-month hearing, the court 
  2.8   must review: 
  2.9      (1) whether child support is current; and 
  2.10     (2) whether both parties are complying with the parenting 
  2.11  time provisions of the order. 
  2.12     (b) At the six-month hearing, the obligor has the burden to 
  2.13  present evidence to establish that child support payments are 
  2.14  current.  A party may request that the public authority provide 
  2.15  information to the parties and court regarding child support 
  2.16  payments.  A party must request the information from the public 
  2.17  authority at least 14 days before the hearing.  The commissioner 
  2.18  of human services must develop a form to be used by the public 
  2.19  authority to submit child support payment information to the 
  2.20  parties and court. 
  2.21     (c) A hearing need not be held under this section if both 
  2.22  parties file an affidavit with the court administrator before 
  2.23  the scheduled hearing date indicating that child support is 
  2.24  current and that the parties are complying with the parenting 
  2.25  time provisions of the order. 
  2.26     (d) Contempt of court and all statutory remedies for child 
  2.27  support and parenting time enforcement may be imposed by the 
  2.28  court at the six-month hearing for noncompliance by either party.
  2.29     (e) At least one month before the six-month hearing, a 
  2.30  court administrator must send the parties written notice of the 
  2.31  hearing.  The written notice must include a statement that an 
  2.32  obligor has the burden to present evidence at the hearing to 
  2.33  establish that child support payments are current.  The written 
  2.34  notice also must include a statement that a hearing will not be 
  2.35  held if both parties submit an affidavit to the court 
  2.36  administrator before the hearing date indicating that child 
  3.1   support is current and that the parties are in compliance with 
  3.2   parenting time provisions. 
  3.3      Sec. 2.  Minnesota Statutes 2000, section 518.002, is 
  3.4   amended to read: 
  3.5      518.002 [~~USE TERM DISSOLUTION~~ MEANING OF DIVORCE.] 
  3.6      ~~Wherever the word~~ "Divorce" ~~is~~, as used in the statutes, ~~it~~ 
  3.7   has the same meaning as "dissolution" or "dissolution of 
  3.8   marriage."  
  3.9      Sec. 3.  Minnesota Statutes 2000, section 518.003, 
  3.10  subdivision 1, is amended to read: 
  3.11     Subdivision 1.  [SCOPE.] ~~For the purposes of~~ The 
  3.12  definitions in this section apply to this chapter~~, the following~~ 
  3.13  ~~terms have the meanings provided in this section unless the~~ 
  3.14  ~~context clearly requires otherwise~~.  
  3.15     Sec. 4.  Minnesota Statutes 2000, section 518.005, is 
  3.16  amended to read: 
  3.17     518.005 [RULES GOVERNING PROCEEDINGS.] 
  3.18     Subdivision 1.  [APPLICABLE RULES.] Unless otherwise 
  3.19  specifically provided, the rules of civil procedure for the 
  3.20  district court apply to all proceedings under this chapter and 
  3.21  chapters 517B and 517C. 
  3.22     Subd. 2.  [TITLE.] A proceeding for dissolution of 
  3.23  marriage, legal separation, or annulment ~~shall~~ must be entitled 
  3.24  "In re the Marriage of .......... and .......... ."  ~~A custody~~ 
  3.25  ~~or support proceeding shall be entitled "In re the (Custody)~~ 
  3.26  ~~(Support) of .......... ."~~ 
  3.27     Subd. 3.  [NAMES OF PLEADINGS.] The initial pleading in all 
  3.28  proceedings under ~~sections 518.002 to 518.66 shall~~ this chapter 
  3.29  and chapters 517B and 517C must be denominated a petition.  A 
  3.30  responsive pleading ~~shall~~ must be denominated an answer.  Other 
  3.31  pleadings ~~shall~~ must be denominated as provided in the rules of 
  3.32  civil procedure. 
  3.33     Subd. 4.  [DECREE; JUDGMENT.] In ~~sections 518.002 to 518.66~~ 
  3.34  this chapter and chapters 517B and 517C, "decree" includes 
  3.35  "judgment." 
  3.36     Subd. 5.  [PROHIBITED DISCLOSURE.] In all proceedings under 
  4.1   this chapter and chapters 517B and 517C, in which public 
  4.2   assistance is assigned under section 256.741 or the public 
  4.3   authority provides services to a party or parties to the 
  4.4   proceedings, notwithstanding statutory or other authorization 
  4.5   for the public authority to release private data on the location 
  4.6   of a party to the action, information on the location of one 
  4.7   party may not be released by the public authority to the other 
  4.8   party if: 
  4.9      (1) the public authority has knowledge that a protective 
  4.10  order with respect to the other party has been entered; or 
  4.11     (2) the public authority has reason to believe that the 
  4.12  release of the information may result in physical or emotional 
  4.13  harm to the other party. 
  4.14     Subd. 6.  [REQUIRED NOTICE.] Every court order or judgment 
  4.15  and decree that provides for child support, spousal maintenance, 
  4.16  custody, or parenting time must contain the notices required by 
  4.17  section 517C.99. 
  4.18     Sec. 5.  Minnesota Statutes 2000, section 518.01, is 
  4.19  amended to read: 
  4.20     518.01 [VOID MARRIAGES.] 
  4.21     ~~All marriages which are~~ A marriage prohibited by section 
  4.22  517.03 ~~shall be absolutely~~ is void~~,~~ without any decree of 
  4.23  dissolution or other legal proceedings; except if a person whose 
  4.24  husband or wife has been absent for four successive years, 
  4.25  without being known to the person to be living during that time, 
  4.26  marries during the lifetime of the absent husband or wife, the 
  4.27  marriage ~~shall be~~ is void only from the time that its nullity is 
  4.28  duly adjudged.  If the absentee is declared dead in accordance 
  4.29  with section 576.142, the subsequent marriage ~~shall~~ is not ~~be~~ 
  4.30  void. 
  4.31     Sec. 6.  Minnesota Statutes 2000, section 518.02, is 
  4.32  amended to read: 
  4.33     518.02 [VOIDABLE MARRIAGES.] 
  4.34     A marriage ~~shall~~ must be declared a nullity ~~under the~~ 
  4.35  ~~following circumstances~~ if: 
  4.36     ~~(a)~~ (1) a party lacked capacity to consent to the marriage 
  5.1   at the time the marriage was solemnized~~, either~~ because of:  (i) 
  5.2   mental incapacity or infirmity ~~and~~ if the other party at the 
  5.3   time the marriage was solemnized did not know of the incapacity; 
  5.4   ~~or because of~~ (ii) the influence of alcohol, drugs, or other 
  5.5   incapacitating substances; or ~~because~~ (iii) consent of either 
  5.6   ~~was~~ having been obtained by force or fraud ~~and there was~~ with no 
  5.7   subsequent voluntary cohabitation of the parties; 
  5.8      ~~(b)~~ (2) a party lacks the physical capacity to consummate 
  5.9   the marriage by sexual intercourse and the other party at the 
  5.10  time the marriage was solemnized did not know of the incapacity; 
  5.11  or 
  5.12     ~~(c)~~ (3) a party was under the age for marriage established 
  5.13  by section 517.02. 
  5.14     Sec. 7.  Minnesota Statutes 2000, section 518.03, is 
  5.15  amended to read: 
  5.16     518.03 [ACTION TO ANNUL; DECREE.] 
  5.17     An annulment ~~shall~~ must be commenced ~~and~~, the complaint 
  5.18  ~~shall be~~ filed, and proceedings had as in proceedings for 
  5.19  dissolution.  Upon due proof of the nullity of the marriage, 
  5.20  it ~~shall~~ must be adjudged null and void. 
  5.21     The provisions of sections 518.54 to 518.66 relating to 
  5.22  property rights of the spouses, maintenance, support, and 
  5.23  custody of children on dissolution of marriage are applicable to 
  5.24  proceedings for annulment. 
  5.25     Sec. 8.  Minnesota Statutes 2000, section 518.04, is 
  5.26  amended to read: 
  5.27     518.04 [INSUFFICIENT GROUNDS FOR ANNULMENT.] 
  5.28     No marriage ~~shall~~ may be adjudged a nullity on the ground 
  5.29  that one of the parties was under the age of legal consent if it 
  5.30  appears that the parties had voluntarily cohabited together as 
  5.31  husband and wife after having attained ~~such~~ that age~~; nor~~ 
  5.32  ~~shall~~.  The marriage of ~~any~~ an insane person must not be 
  5.33  adjudged void after restoration of the insane person to reason, 
  5.34  if it appears that the parties freely cohabited together as 
  5.35  husband and wife after ~~such~~ the restoration to reason.  
  5.36     Sec. 9.  Minnesota Statutes 2000, section 518.05, is 
  6.1   amended to read: 
  6.2      518.05 [ANNULMENT; WHEN TO BRING.] 
  6.3      An annulment may be sought by any of the following persons 
  6.4   and must be commenced within the times specified, but in no 
  6.5   event may an annulment be sought after the death of either party 
  6.6   to the marriage: 
  6.7      ~~(a) For a reason set forth in~~ (1) under section 518.02, 
  6.8   clause ~~(a)~~ (1), by either party or by the legal representative 
  6.9   of the party who lacked capacity to consent, no later than 90 
  6.10  days after the petitioner obtained knowledge of the described 
  6.11  condition; 
  6.12     ~~(b) For the reason set forth in~~ (2) under section 518.02, 
  6.13  clause ~~(b)~~ (2), by either party no later than one year after the 
  6.14  petitioner obtained knowledge of the described condition; 
  6.15     ~~(c) For the reason set forth in~~ (3) under section 518.02, 
  6.16  clause ~~(c)~~ (3), by the underaged party~~,~~ or the party's parent or 
  6.17  guardian~~,~~ before the time the underaged party reaches the age at 
  6.18  which the party could have married without satisfying the 
  6.19  omitted requirement. 
  6.20     Sec. 10.  Minnesota Statutes 2000, section 518.055, is 
  6.21  amended to read: 
  6.22     518.055 [PUTATIVE SPOUSE.] 
  6.23     Any person who has cohabited with another to whom the 
  6.24  person is not legally married in the good faith belief that the 
  6.25  person was married to the other is a putative spouse until 
  6.26  knowledge of the fact that the person is not legally married 
  6.27  terminates the status and prevents acquisition of further 
  6.28  rights.  A putative spouse acquires the rights conferred upon a 
  6.29  legal spouse, including the right to maintenance following 
  6.30  termination of the status, whether or not the marriage is 
  6.31  prohibited or declared a nullity.  If there is a legal spouse or 
  6.32  other putative spouses, rights acquired by a putative spouse do 
  6.33  not supersede the rights of the legal spouse or those acquired 
  6.34  by other putative spouses, but the court ~~shall~~ must apportion 
  6.35  property, maintenance, and support rights among the claimants as 
  6.36  appropriate in the circumstances and in the interests of justice.
  7.1      Sec. 11.  Minnesota Statutes 2000, section 518.06, is 
  7.2   amended to read: 
  7.3      518.06 [DISSOLUTION OF MARRIAGE; LEGAL SEPARATION; GROUNDS; 
  7.4   UNCONTESTED LEGAL SEPARATION.] 
  7.5      Subdivision 1.  [MEANING AND EFFECT ~~OF DECREES~~; GROUNDS.] A 
  7.6   dissolution of marriage is the termination of the marital 
  7.7   relationship between a husband and wife.  A decree of 
  7.8   dissolution completely terminates the marital status of both 
  7.9   parties.  A legal separation is a court determination of the 
  7.10  rights and responsibilities of a husband and wife arising out of 
  7.11  the marital relationship.  A decree of legal separation does not 
  7.12  terminate the marital status of the parties.  
  7.13     A dissolution of a marriage ~~shall~~ must be granted ~~by a~~ 
  7.14  ~~county or district court when~~ if the court finds that there has 
  7.15  been an irretrievable breakdown of the marriage relationship.  A 
  7.16  ~~decree of~~ legal separation ~~shall~~ must be granted ~~when~~ if the 
  7.17  court finds that one or both parties need a legal separation.  
  7.18     Defenses to divorce, dissolution and legal separation, 
  7.19  including, but not limited to, condonation, connivance, 
  7.20  collusion, recrimination, insanity, and lapse of time, are 
  7.21  abolished. 
  7.22     Subd. 3.  [UNCONTESTED LEGAL SEPARATION.] If one or both 
  7.23  parties petition for a decree of legal separation and neither 
  7.24  party contests the granting of the decree nor petitions for a 
  7.25  decree of dissolution, the court ~~shall~~ must grant a decree of 
  7.26  legal separation.  
  7.27     Sec. 12.  Minnesota Statutes 2000, section 518.07, is 
  7.28  amended to read: 
  7.29     518.07 [RESIDENCE OF PARTIES.] 
  7.30     ~~No~~ A dissolution ~~shall~~ must not be granted unless (1) one 
  7.31  of the parties has resided in this state~~,~~ or ~~has~~ been a member 
  7.32  of the armed services stationed in this state~~,~~ for ~~not less than~~ 
  7.33  at least 180 days immediately preceding the commencement of the 
  7.34  proceeding; or (2) one of the parties has been a domiciliary of 
  7.35  this state for ~~not less than~~ at least 180 days immediately 
  7.36  preceding commencement of the proceeding.  
  8.1      Sec. 13.  Minnesota Statutes 2000, section 518.09, is 
  8.2   amended to read: 
  8.3      518.09 [PROCEEDING; HOW AND WHERE BROUGHT; VENUE.] 
  8.4      A proceeding for dissolution or legal separation may be 
  8.5   brought by either or both spouses and ~~shall be~~ is commenced by 
  8.6   personal service of the summons and petition venued in the 
  8.7   county where either spouse resides.  If neither party resides in 
  8.8   the state and jurisdiction is based on the domicile of either 
  8.9   ~~spouse~~ party, the proceeding may be brought in the county where 
  8.10  either party is domiciled.  If neither party resides or is 
  8.11  domiciled in this state and jurisdiction is premised upon one of 
  8.12  the parties being a member of the armed services stationed in 
  8.13  this state for not less than 180 days immediately preceding the 
  8.14  commencement of the proceeding, the proceeding may be brought in 
  8.15  the county where the member is stationed.  This venue ~~shall be~~ 
  8.16  is subject to the court's power ~~of the court~~ to change the place 
  8.17  of hearing by consent of the parties, ~~or when~~ if it appears to 
  8.18  the court that an impartial hearing cannot be had in the county 
  8.19  where the proceedings are pending, or ~~when~~ if the convenience of 
  8.20  the parties or the ends of justice would be promoted by the 
  8.21  change.  No summons ~~shall be~~ is required if a joint petition is 
  8.22  filed. 
  8.23     Sec. 14.  Minnesota Statutes 2000, section 518.10, is 
  8.24  amended to read: 
  8.25     518.10 [REQUISITES OF PETITION.] 
  8.26     ~~The~~ A petition for dissolution of marriage or legal 
  8.27  separation ~~shall~~ must state and allege: 
  8.28     ~~(a)~~ (1) the name, address, and, in circumstances in which 
  8.29  child support or spousal maintenance will be addressed, social 
  8.30  security number of the petitioner and any prior or other name 
  8.31  used by the petitioner; 
  8.32     ~~(b)~~ (2) the name and, if known, the address and, in 
  8.33  circumstances in which child support or spousal maintenance will 
  8.34  be addressed, social security number of the respondent and any 
  8.35  prior or other name used by the respondent and known to the 
  8.36  petitioner; 
  9.1      ~~(c)~~ (3) the place and date of the marriage of the parties; 
  9.2      ~~(d)~~ (4) in the case of a petition for dissolution, that 
  9.3   either the petitioner or the respondent or both:  
  9.4      ~~(1)~~ (i) has resided in this state for not less than 180 
  9.5   days immediately preceding the commencement of the proceeding~~,~~ 
  9.6   ~~or~~; 
  9.7      ~~(2)~~ (ii) has been a member of the armed services and has 
  9.8   been stationed in this state for not less than 180 days 
  9.9   immediately preceding the commencement of the proceeding~~,~~; or 
  9.10     ~~(3)~~ (iii) has been a domiciliary of this state for not less 
  9.11  than 180 days immediately preceding the commencement of the 
  9.12  proceeding; 
  9.13     ~~(e)~~ (5) the name at the time of the petition and any prior 
  9.14  or other name, social security number, age, and date of birth of 
  9.15  each living minor or dependent child of the parties born before 
  9.16  the marriage or born or adopted during the marriage and a 
  9.17  reference to, and the expected date of birth of, a child of the 
  9.18  parties conceived during the marriage but not born; 
  9.19     ~~(f)~~ (6) whether or not a separate proceeding for 
  9.20  dissolution, legal separation, or custody is pending in a court 
  9.21  in this state or elsewhere; 
  9.22     ~~(g)~~ (7) in the case of a petition for dissolution, that 
  9.23  there has been an irretrievable breakdown of the marriage 
  9.24  relationship; 
  9.25     ~~(h)~~ (8) in the case of a petition for legal separation, 
  9.26  that there is a need for a decree of legal separation; 
  9.27     ~~(i)~~ (9) any temporary or permanent maintenance, child 
  9.28  support, child custody, disposition of property, attorneys' 
  9.29  fees, costs and disbursements applied for without setting forth 
  9.30  the amounts; and 
  9.31     ~~(j)~~ (10) whether an order for protection under chapter 518B 
  9.32  or a similar law of another state that governs the parties or a 
  9.33  party and a minor child of the parties is in effect and, if so, 
  9.34  the district court or similar jurisdiction in which it was 
  9.35  entered. 
  9.36     The petition ~~shall~~ must be verified by the petitioner or 
 10.1   petitioners, and its allegations established by competent 
 10.2   evidence. 
 10.3      Sec. 15.  Minnesota Statutes 2000, section 518.11, is 
 10.4   amended to read: 
 10.5      518.11 [SERVICE; ALTERNATE SERVICE; PUBLICATION.] 
 10.6      (a) Unless a proceeding is brought by both parties, copies 
 10.7   of the summons and petition ~~shall~~ must be served on the 
 10.8   respondent personally.  
 10.9      (b) ~~When~~ Service ~~is~~ made out of this state and within the 
 10.10  United States~~, it~~ may be proved by the affidavit of the person 
 10.11  making the ~~same~~ service.  ~~When~~ Service ~~is~~ made ~~without~~ 
 10.12  outside of the United States ~~it~~ may be proved by the affidavit 
 10.13  of the person making the ~~same~~ service, taken before and 
 10.14  certified by any United States minister, charge d'affaires, 
 10.15  commissioner, consul or commercial agent, or other consular or 
 10.16  diplomatic officer of the United States appointed to reside 
 10.17  in ~~such~~ the country, including ~~all deputies~~ a deputy or other 
 10.18  ~~representatives~~ representative of ~~such~~ the officer authorized to 
 10.19  perform ~~their~~ the officer's duties; or before an officer 
 10.20  authorized to administer an oath with the certificate of an 
 10.21  officer of a court of record of the country ~~wherein such~~ in 
 10.22  which the affidavit is taken as to the identity and authority of 
 10.23  the officer taking the ~~same~~ affidavit.  
 10.24     (c) If personal service cannot be made, the court may order 
 10.25  service of the summons by alternate means.  The application for 
 10.26  alternate service must include the last known location of the 
 10.27  respondent; the petitioner's most recent contacts with the 
 10.28  respondent; the last known location of the respondent's 
 10.29  employment; the names and locations of the respondent's parents, 
 10.30  siblings, children, and other close relatives; the names and 
 10.31  locations of other persons who are likely to know the 
 10.32  respondent's whereabouts; and a description of efforts to locate 
 10.33  those persons.  
 10.34     The court ~~shall~~ must consider the length of time the 
 10.35  respondent's location has been unknown, the likelihood that the 
 10.36  respondent's location will become known, the nature of the 
 11.1   relief sought, and the nature of efforts made to locate the 
 11.2   respondent.  The court ~~shall~~ must order service by first class 
 11.3   mail, forwarding address requested, to any addresses where there 
 11.4   is a reasonable possibility that mail or information will be 
 11.5   forwarded or communicated to the respondent or, if no address so 
 11.6   qualifies, then to the respondent's last known address.  
 11.7      If the petitioner seeks disposition of real estate located 
 11.8   ~~within the state of~~ in Minnesota, the court ~~shall~~ must order 
 11.9   that the summons, which ~~shall~~ must contain the legal description 
 11.10  of the real estate, be published in the county where the real 
 11.11  estate is located.  The court may also order publication, within 
 11.12  or without the state, but only if it might reasonably succeed in 
 11.13  notifying the respondent of the proceeding.  Also, the court may 
 11.14  require the petitioner to make efforts to locate the respondent 
 11.15  by telephone calls to appropriate persons.  Service ~~shall be~~ is 
 11.16  deemed complete 21 days after mailing or 21 days after 
 11.17  court-ordered publication. 
 11.18     Sec. 16.  Minnesota Statutes 2000, section 518.12, is 
 11.19  amended to read: 
 11.20     518.12 [TIME FOR ANSWERING.] 
 11.21     The respondent ~~shall have~~ has 30 days in which to answer 
 11.22  the petition.  In case of service by publication, the 30 
 11.23  days ~~shall~~ does not begin to run until the expiration of the 
 11.24  period allowed for publication.  In the case of a 
 11.25  counterpetition for dissolution or legal separation to a 
 11.26  petition for dissolution or legal separation, no answer ~~shall be~~ 
 11.27  is required to the counterpetition and the original 
 11.28  petitioner ~~shall be~~ is deemed to have denied each and every 
 11.29  statement, allegation, and claim in the counterpetition. 
 11.30     Sec. 17.  Minnesota Statutes 2000, section 518.13, is 
 11.31  amended to read: 
 11.32     518.13 [FAILURE TO ANSWER; FINDINGS; HEARING.] 
 11.33     Subdivision 1.  [DEFAULT.] If the respondent does not 
 11.34  appear after service duly made and proved, the court may hear 
 11.35  and determine the proceeding as a default matter. 
 11.36     Subd. 2.  [DISPUTE OVER IRRETRIEVABLE BREAKDOWN.] If one of 
 12.1   the parties has denied under oath or affirmation that the 
 12.2   marriage is irretrievably broken, the court ~~shall~~ must consider 
 12.3   all relevant factors, including the circumstances that gave rise 
 12.4   to the commencement of the proceeding and the prospect of 
 12.5   reconciliation, and ~~shall~~ make a finding whether the marriage is 
 12.6   irretrievably broken. 
 12.7      A finding of irretrievable breakdown under this subdivision 
 12.8   is a determination that there is no reasonable prospect of 
 12.9   reconciliation.  The finding must be supported by evidence that 
 12.10  (i) the parties have lived separate and apart for a period of 
 12.11  not less than 180 days immediately preceding the commencement of 
 12.12  the proceeding, or (ii) there is serious marital discord 
 12.13  adversely affecting the attitude of one or both of the parties 
 12.14  toward the marriage.  
 12.15     Subd. 3.  [AGREEMENT OVER IRRETRIEVABLE BREAKDOWN.] If both 
 12.16  parties by petition or otherwise have stated under oath or 
 12.17  affirmation that the marriage is irretrievably broken~~,~~ or one of 
 12.18  the parties has so stated and the other has not denied it, the 
 12.19  court, after hearing, ~~shall~~ must make a finding that the 
 12.20  marriage is irretrievably broken.  
 12.21     Subd. 4.  [REFEREE; OPEN COURT.] The court or judge, upon 
 12.22  application, may refer the proceeding to a referee to take and 
 12.23  report the evidence ~~therein~~.  Hearings for dissolution of 
 12.24  marriage ~~shall~~ must be heard in open court or before a referee 
 12.25  appointed by the court to receive the testimony of the 
 12.26  witnesses~~,~~ or depositions taken as in other equitable actions.  
 12.27  However, the court may in its discretion close the hearing.  
 12.28     Subd. 5.  [APPROVAL WITHOUT HEARING.] Proposed findings of 
 12.29  fact, conclusions of law, order for judgment, and judgment and 
 12.30  decree must be submitted to the court for approval and filing 
 12.31  without a final hearing in the following situations: 
 12.32     (1) if there are no minor children of the marriage, and (i) 
 12.33  the parties have entered into a written stipulation, or (ii) the 
 12.34  respondent has not appeared after service duly made and proved 
 12.35  by affidavit and at least 20 days have elapsed since the time 
 12.36  for answering under section 518.12 expired; or 
 13.1      (2) if there are minor children of the marriage, the 
 13.2   parties have signed and acknowledged a stipulation, and all 
 13.3   parties are represented by counsel. 
 13.4      Notwithstanding clause (1) or (2), the court ~~shall~~ must 
 13.5   schedule the matter for hearing ~~in any case where~~ if the 
 13.6   proposed judgment and decree does not appear to be in the best 
 13.7   interests of the minor children or is contrary to the interests 
 13.8   of justice. 
 13.9      Sec. 18.  Minnesota Statutes 2000, section 518.131, as 
 13.10  amended by Laws 2001, chapters 51, section 1, and 7, section 85, 
 13.11  is amended to read: 
 13.12     518.131 [TEMPORARY ORDERS AND RESTRAINING ORDERS.] 
 13.13     Subdivision 1.  [PERMISSIBLE ORDERS.] In a proceeding 
 13.14  brought for custody, dissolution, or legal separation, or for 
 13.15  disposition of property~~,~~ or maintenance~~, or child support~~ 
 13.16  following the dissolution of a marriage, either party may, by 
 13.17  motion, request from the court and the court may grant a 
 13.18  temporary order pending the final disposition of the proceeding 
 13.19  to or for:  
 13.20     ~~(a)~~ (1) temporary custody and parenting time regarding the 
 13.21  minor children of the parties; 
 13.22     ~~(b)~~ (2) temporary maintenance of either spouse; 
 13.23     ~~(c) temporary child support for the children of the~~ 
 13.24  ~~parties;~~ 
 13.25     ~~(d)~~ (3) temporary costs and reasonable attorney fees; 
 13.26     ~~(e) award the~~ (4) temporary use and possession, exclusive 
 13.27  or otherwise, of the family home, furniture, household goods, 
 13.28  automobiles, and other property of the parties; 
 13.29     ~~(f)~~ (5) restrain one or both parties from transferring, 
 13.30  encumbering, concealing, or disposing of property except in the 
 13.31  usual course of business or for the necessities of life, and to 
 13.32  account to the court for all such transfers, encumbrances, 
 13.33  dispositions, and expenditures made after the order is served or 
 13.34  communicated to the party restrained in open court; 
 13.35     ~~(g)~~ (6) restrain one or both parties from harassing, 
 13.36  vilifying, mistreating, molesting, disturbing the peace, or 
 14.1   restraining the liberty of the other party or the children of 
 14.2   the parties; 
 14.3      ~~(h)~~ (7) restrain one or both parties from removing any 
 14.4   minor child of the parties from the jurisdiction of the court; 
 14.5      ~~(i)~~ (8) exclude a party from the family home of the parties 
 14.6   or from the home of the other party; and 
 14.7      ~~(j)~~ (9) require one or both of the parties to perform or to 
 14.8   not perform ~~such~~ additional acts ~~as~~ that will facilitate the 
 14.9   just and speedy disposition of the proceeding~~,~~ or ~~will~~ protect 
 14.10  the parties or their children from physical or emotional harm.  
 14.11     Subd. 2.  [IMPERMISSIBLE ORDERS.] ~~No~~ A temporary order 
 14.12  ~~shall~~ must not: 
 14.13     ~~(a)~~ (1) deny parenting time to a parent unless the court 
 14.14  finds that the parenting time is likely to cause physical or 
 14.15  emotional harm to the child; 
 14.16     ~~(b)~~ (2) exclude a party from the family home of the parties 
 14.17  unless the court finds that physical or emotional harm to one of 
 14.18  the parties or to the children of the parties is likely to 
 14.19  result, or that the exclusion is reasonable in the 
 14.20  circumstances; or 
 14.21     ~~(c)~~ (3) vacate or modify an order granted under section 
 14.22  518B.01, subdivision 6, paragraph (a), clause (1), restraining 
 14.23  an abusing party from committing acts of domestic abuse, except 
 14.24  that the court may hear a motion for modification of an order 
 14.25  for protection concurrently with a proceeding for dissolution of 
 14.26  marriage upon notice of motion and motion.  The notice required 
 14.27  by court rule ~~shall~~ must not be waived.  If the proceedings are 
 14.28  consolidated and the motion to modify is granted, a separate 
 14.29  order for modification of an order for protection ~~shall~~ must be 
 14.30  issued. 
 14.31     Subd. 3.  [EX PARTE RESTRAINING ORDER; LIMITATIONS.] A 
 14.32  party may request and the court may make an ex parte restraining 
 14.33  order ~~which may include~~ that includes any matter that may be 
 14.34  included in a temporary order except it may not:  
 14.35     ~~(a) A restraining order may not~~ (1) exclude either party 
 14.36  from the family home of the parties except upon a finding by the 
 15.1   court of immediate danger of physical harm to the other party or 
 15.2   the children of either party; ~~and~~ or 
 15.3      ~~(b) A restraining order may not~~ (2) deny parenting time to 
 15.4   either party or grant custody of the minor children to either 
 15.5   party except upon a finding by the court of immediate danger of 
 15.6   physical harm to the minor children of the parties.  
 15.7      Subd. 4.  [HEARING ON RESTRAINING ORDER; DURATION.] A 
 15.8   restraining ~~orders shall~~ order must be personally served upon 
 15.9   the party to be restrained ~~and shall be accompanied~~ along with a 
 15.10  notice of the time and place of hearing for disposition of the 
 15.11  matters contained in the restraining order at a hearing for a 
 15.12  temporary order.  ~~When~~ If a restraining order has been issued, a 
 15.13  hearing on the temporary order ~~shall~~ must be held at the 
 15.14  earliest practicable date.  The restrained party may upon 
 15.15  written notice to the other party advance the hearing date to a 
 15.16  time earlier than that noticed by the other party.  The 
 15.17  restraining order ~~shall continue~~ continues in full force and 
 15.18  effect only until the hearing time noticed, unless the court, 
 15.19  for good cause and upon notice, extends the time for hearing.  
 15.20     Subd. 5.  [DURATION OF TEMPORARY ORDER.] A temporary order 
 15.21  ~~shall continue~~ continues in full force and effect until the 
 15.22  earlier of its amendment or vacation, dismissal of the main 
 15.23  action, or entry of a final decree of dissolution or legal 
 15.24  separation.  
 15.25     Subd. 6.  [EFFECT OF DISMISSAL OF MAIN ACTION.] If a 
 15.26  proceeding for dissolution or legal separation is dismissed, a 
 15.27  temporary custody order is vacated unless one of the parties or 
 15.28  the child's custodian moves that the proceeding continue as a 
 15.29  custody proceeding and the court finds, after a hearing, that 
 15.30  the circumstances of the parties and the best interests of the 
 15.31  child require that a custody order be issued.  
 15.32     Subd. 7.  [GUIDING FACTORS.] The court ~~shall~~ must be guided 
 15.33  by the factors set forth in sections ~~518.551 (concerning child~~ 
 15.34  ~~support),~~ 518.552 (concerning maintenance), 518.17 to 518.175 
 15.35  (concerning custody and parenting time), and 518.14 (concerning 
 15.36  costs and attorney fees) in making temporary orders and 
 16.1   restraining orders. 
 16.2      Subd. 8.  [BASIS FOR ORDER.] Temporary orders ~~shall~~ must be 
 16.3   made solely on the basis of affidavits and argument of counsel 
 16.4   except upon demand by either party in a motion or responsive 
 16.5   motion made within the time limit for making and filing a 
 16.6   responsive motion that the matter be heard on oral testimony 
 16.7   before the court, or if the court in its discretion orders the 
 16.8   taking of oral testimony. 
 16.9      Subd. 9.  [PREJUDICIAL EFFECT, REVOCATION; MODIFICATION.] A 
 16.10  temporary order or restraining order:  
 16.11     ~~(a) Shall~~ (1) must not prejudice the rights of the parties 
 16.12  or the child which are to be adjudicated at subsequent hearings 
 16.13  in the proceeding; and 
 16.14     ~~(b)~~ (2) may be revoked or modified by the court before the 
 16.15  final disposition of the proceeding upon the same grounds and 
 16.16  subject to the same requirements as the initial granting of the 
 16.17  order.  
 16.18     Subd. 10.  [MISDEMEANOR.] In addition to being punishable 
 16.19  by contempt, a violation of a provision of a temporary order or 
 16.20  restraining order granting the relief authorized in subdivision 
 16.21  1, clause ~~(g)~~ (6), ~~(h)~~ (7), or ~~(i)~~ (8), is a misdemeanor. 
 16.22     Subd. 11.  [TEMPORARY ~~SUPPORT AND~~ MAINTENANCE.] Temporary 
 16.23  ~~support and~~ maintenance may be ordered during the time a 
 16.24  parenting plan is being developed under section 518.1705. 
 16.25     Sec. 19.  Minnesota Statutes 2000, section 518.14, 
 16.26  subdivision 1, is amended to read: 
 16.27     Subdivision 1.  [GENERAL.] (a) Except as provided in 
 16.28  subdivision 2, in a proceeding under this chapter or chapter 
 16.29  517B or 517C, the court ~~shall~~ must award attorney fees, costs, 
 16.30  and disbursements in an amount necessary to enable a party to 
 16.31  carry on or contest the proceeding, ~~provided~~ if it finds that: 
 16.32     (1) ~~that~~ the fees are necessary for the good-faith 
 16.33  assertion of the party's rights in the proceeding and will not 
 16.34  contribute unnecessarily to the length and expense of the 
 16.35  proceeding; 
 16.36     (2) ~~that~~ the party from whom fees, costs, and disbursements 
 17.1   are sought has the means to pay them; and 
 17.2      (3) ~~that~~ the party to whom fees, costs, and disbursements 
 17.3   are awarded does not have the means to pay them. 
 17.4      (b) Nothing in this section precludes the court from 
 17.5   awarding, in its discretion, additional fees, costs, and 
 17.6   disbursements against a party who unreasonably contributes to 
 17.7   the length or expense of the proceeding.  Fees, costs, and 
 17.8   disbursements provided for in this section may be awarded at any 
 17.9   point in the proceeding, including a modification proceeding 
 17.10  under sections 518.18 and 518.64.  The court may adjudge costs 
 17.11  and disbursements against either party.  The court may authorize 
 17.12  the collection of money awarded by execution, ~~or~~ out of property 
 17.13  sequestered, or in any other manner within the power of the 
 17.14  court.  An award of attorney's fees made by the court during the 
 17.15  pendency of the proceeding or in the final judgment survives the 
 17.16  proceeding and if not paid by the party directed to pay ~~the same~~ 
 17.17  them may be enforced ~~as above provided~~ in the manner provided in 
 17.18  this paragraph or by a separate civil action brought in the 
 17.19  attorney's own name.  If the proceeding is dismissed or 
 17.20  abandoned prior to determination and award of attorney's fees, 
 17.21  the court may nevertheless award attorney's fees upon the 
 17.22  attorney's motion.  The award ~~shall also survive~~ survives the 
 17.23  proceeding and may be enforced in the ~~same~~ manner ~~as last above~~ 
 17.24  provided in this paragraph. 
 17.25     Sec. 20.  Minnesota Statutes 2000, section 518.148, is 
 17.26  amended to read: 
 17.27     518.148 [CERTIFICATION OF DISSOLUTION.] 
 17.28     Subdivision 1.  [CERTIFICATE OF DISSOLUTION.] An attorney 
 17.29  or pro se party may prepare and submit to the court a separate 
 17.30  certificate of dissolution to be attached to the judgment and 
 17.31  decree at the time of granting the dissolution of marriage.  
 17.32  Upon approval by the court and filing of the certificate of 
 17.33  dissolution with the court administrator, the court 
 17.34  administrator ~~shall~~ must provide to any party upon request 
 17.35  certified copies of the certificate of dissolution. 
 17.36     Subd. 2.  [REQUIRED INFORMATION.] The certificate ~~shall~~ 
 18.1   must include the following information: 
 18.2      (1) the full caption and file number of the case and the 
 18.3   title "Certificate of Dissolution"; 
 18.4      (2) the names and any prior or other names of the parties 
 18.5   to the dissolution; 
 18.6      (3) the names of any living minor or dependent children as 
 18.7   identified in the judgment and decree; 
 18.8      (4) that the marriage of the parties is dissolved; 
 18.9      (5) the date of the judgment and decree; and 
 18.10     (6) the social security number of the parties to the 
 18.11  dissolution and the social security number of any living minor 
 18.12  or dependent children identified in the judgment and decree. 
 18.13     Subd. 3.  [CERTIFICATION.] The certificate of 
 18.14  dissolution ~~shall be~~ is conclusive evidence of the facts recited 
 18.15  in the certificate. 
 18.16     Sec. 21.  Minnesota Statutes 2000, section 518.24, is 
 18.17  amended to read: 
 18.18     518.24 [SECURITY; SEQUESTRATION; CONTEMPT.] 
 18.19     ~~In all cases when~~ If maintenance ~~or support~~ payments are 
 18.20  ordered, the court may require sufficient security to be given 
 18.21  for the payment of them according to the terms of the order.  
 18.22  Upon neglect or refusal to give security~~,~~ or ~~upon~~ failure to pay 
 18.23  the maintenance ~~or support~~, the court may sequester the 
 18.24  obligor's personal estate and the rents and profits of real 
 18.25  estate of the obligor~~,~~ and appoint a receiver of them.  The 
 18.26  court may cause the personal estate and the rents and profits of 
 18.27  the real estate to be applied according to the terms of the 
 18.28  order.  The obligor is presumed to have an income from a source 
 18.29  sufficient to pay the maintenance ~~or support~~ order.  A ~~child~~ 
 18.30  ~~support or~~ maintenance order constitutes prima facie evidence 
 18.31  that the obligor has the ability to pay the award.  If the 
 18.32  obligor disobeys the order, it is prima facie evidence of 
 18.33  contempt.  The court may cite the obligor for contempt under 
 18.34  this section, section 518.617, or chapter 588. 
 18.35     Sec. 22.  Minnesota Statutes 2000, section 518.25, is 
 18.36  amended to read: 
 19.1      518.25 [REMARRIAGE; REVOCATION.] 
 19.2      ~~When a dissolution has been granted, and the parties~~ 
 19.3   ~~afterward intermarry~~ If two people remarry each other after 
 19.4   dissolution of their prior marriage, the court, upon their joint 
 19.5   application~~,~~ and ~~upon~~ satisfactory proof of ~~such~~ the marriage, 
 19.6   may revoke all decrees and orders of dissolution, maintenance, 
 19.7   and subsistence ~~which will~~ that do not affect the rights of 
 19.8   third persons. 
 19.9      Sec. 23.  Minnesota Statutes 2000, section 518.54, 
 19.10  subdivision 1, is amended to read: 
 19.11     Subdivision 1.  [~~TERMS~~ SCOPE.] ~~For the purposes of sections~~ 
 19.12  ~~518.54 to 518.66, the terms defined~~ The definitions in this 
 19.13  section ~~shall have the meanings respectively ascribed to~~ 
 19.14  ~~them~~ apply to sections 517A.30 to 517A.46. 
 19.15     Sec. 24.  Minnesota Statutes 2000, section 518.54, 
 19.16  subdivision 5, is amended to read: 
 19.17     Subd. 5.  [MARITAL PROPERTY; EXCEPTIONS.] "Marital 
 19.18  property" means ~~property,~~ real or personal property, including 
 19.19  vested public or private pension plan benefits or rights, 
 19.20  acquired by one or both of the parties~~, or either of them,~~ to a 
 19.21  dissolution, legal separation, or annulment proceeding at any 
 19.22  time during the existence of the marriage relation between them, 
 19.23  or at any time during which the parties were living together as 
 19.24  husband and wife under a purported marriage relationship which 
 19.25  is annulled in an annulment proceeding, but prior to the date of 
 19.26  valuation under section 518.58, subdivision 1.  All property 
 19.27  acquired by either spouse subsequent to the marriage and before 
 19.28  the valuation date is presumed to be marital property regardless 
 19.29  of whether title is held individually or by the spouses in a 
 19.30  form of coownership such as joint tenancy, tenancy in common, 
 19.31  tenancy by the entirety, or community property.  Each 
 19.32  spouse ~~shall be~~ is deemed to have a common ownership in marital 
 19.33  property that vests not later than the time of the entry of the 
 19.34  decree in a proceeding for dissolution or annulment.  The extent 
 19.35  of the vested interest ~~shall~~ must be determined and made final 
 19.36  by the court pursuant to section 518.58.  If a title interest in 
 20.1   real property is held individually by only one spouse, the 
 20.2   interest in the real property of the nontitled spouse is not 
 20.3   subject to claims of creditors or judgment or tax liens until 
 20.4   the time of entry of the decree awarding an interest to the 
 20.5   nontitled spouse.  The presumption of marital property is 
 20.6   overcome by a showing that the property is nonmarital property. 
 20.7      "Nonmarital property" means property real or personal, 
 20.8   acquired by either spouse before, during, or after the existence 
 20.9   of their marriage, which: 
 20.10     ~~(a)~~ (1) is acquired as a gift, bequest, devise, or 
 20.11  inheritance made by a third party to one but not to the other 
 20.12  spouse; 
 20.13     ~~(b)~~ (2) is acquired before the marriage; 
 20.14     ~~(c)~~ (3) is acquired in exchange for or is the increase in 
 20.15  value of property which is described in ~~clauses (a), (b), (d),~~ 
 20.16  ~~and (e)~~ clause (1), (2), (4), or (5); 
 20.17     ~~(d)~~ (4) is acquired by a spouse after the valuation date; 
 20.18  or 
 20.19     ~~(e)~~ (5) is excluded by a valid antenuptial contract. 
 20.20     Sec. 25.  Minnesota Statutes 2000, section 518.54, 
 20.21  subdivision 6, is amended to read: 
 20.22     Subd. 6.  [INCOME.] "Income" means any form of periodic 
 20.23  payment to an individual including, but not limited to, wages, 
 20.24  salaries, payments to an independent contractor, workers' 
 20.25  compensation, unemployment benefits, and annuity, military ~~and~~ 
 20.26  or naval retirement, pension ~~and~~ or disability payments.  
 20.27  "Income" does not include benefits received under Title IV-A of 
 20.28  the Social Security Act ~~and~~ or chapter 256J ~~are not income under~~ 
 20.29  ~~this section~~. 
 20.30     Sec. 26.  Minnesota Statutes 2000, section 518.54, 
 20.31  subdivision 7, is amended to read: 
 20.32     Subd. 7.  [OBLIGEE.] "Obligee" means a person to whom 
 20.33  payments for maintenance ~~or support~~ are owed.  
 20.34     Sec. 27.  Minnesota Statutes 2000, section 518.54, 
 20.35  subdivision 8, is amended to read: 
 20.36     Subd. 8.  [OBLIGOR.] "Obligor" means a person obligated to 
 21.1   pay maintenance ~~or support~~.  ~~A person who is designated as the~~ 
 21.2   ~~sole physical custodian of a child is presumed not to be an~~ 
 21.3   ~~obligor for purposes of calculating current support under~~ 
 21.4   ~~section 518.551 unless the court makes specific written findings~~ 
 21.5   ~~to overcome this presumption.~~ 
 21.6      Sec. 28.  Minnesota Statutes 2000, section 518.55, as 
 21.7   amended by Laws 2001, chapter 51, section 12, is amended to read:
 21.8      518.55 [MAINTENANCE OR SUPPORT MONEY.] 
 21.9      Subdivision 1.  [CONTENTS OF ORDER.] Every award of 
 21.10  maintenance or support money in a judgment of dissolution or 
 21.11  legal separation ~~shall~~ must clearly designate whether ~~the same~~ 
 21.12  it is maintenance or support money, or what part of the award is 
 21.13  maintenance and what part is support money.  An award of 
 21.14  payments from future income or earnings of the parent with whom 
 21.15  the child resides is presumed to be maintenance and an award of 
 21.16  payments from the future income or earnings of the parent with 
 21.17  whom the child does not reside is presumed to be support money, 
 21.18  unless otherwise designated by the court.  In a judgment of 
 21.19  dissolution or legal separation the court may determine, as one 
 21.20  of the issues of the case, whether or not either spouse is 
 21.21  entitled to an award of maintenance notwithstanding that no 
 21.22  award is then made, or it may reserve jurisdiction of the issue 
 21.23  of maintenance for determination at a later date. 
 21.24     Subd. 3.  [NOTICE OF ADDRESS OR RESIDENCE CHANGE.] Every 
 21.25  obligor ~~shall~~ must notify the obligee and the public authority 
 21.26  responsible for collection, if applicable, of a change of 
 21.27  address or residence within 60 days of the address or residence 
 21.28  change.  Every order for ~~support or~~ maintenance must contain a 
 21.29  conspicuous notice complying with section 518.68, subdivision 
 21.30  2.  The court may waive or modify the requirements of this 
 21.31  subdivision by order if necessary to protect the obligor from 
 21.32  contact by the obligee. 
 21.33     Subd. 4.  [DETERMINATION OF CONTROLLING ORDER.] The public 
 21.34  authority or a party may request the district court to determine 
 21.35  a controlling order in situations in which more than one order 
 21.36  involving the same obligor and child exists. 
 22.1      Sec. 29.  Minnesota Statutes 2000, section 518.552, is 
 22.2   amended to read: 
 22.3      518.552 [MAINTENANCE.] 
 22.4      Subdivision 1.  [JURISDICTION; GROUNDS.] In a proceeding 
 22.5   for dissolution of marriage or legal separation, or in a 
 22.6   proceeding for maintenance following dissolution of the marriage 
 22.7   by a court which lacked personal jurisdiction over the absent 
 22.8   spouse and which has since acquired jurisdiction, the court may 
 22.9   grant a maintenance order for either spouse if it finds that the 
 22.10  spouse seeking maintenance: 
 22.11     ~~(a)~~ (1) lacks sufficient property, including marital 
 22.12  property apportioned to the spouse, to provide for reasonable 
 22.13  needs of the spouse considering the standard of living 
 22.14  established during the marriage, especially, but not limited to, 
 22.15  a period of training or education~~,~~; or 
 22.16     ~~(b)~~ (2) is unable to provide adequate self-support, after 
 22.17  considering the standard of living established during the 
 22.18  marriage and all relevant circumstances, through appropriate 
 22.19  employment~~,~~; or ~~is the custodian of~~ 
 22.20     (3) if a child ~~whose~~ resides with the spouse and the 
 22.21  child's condition or circumstances make it appropriate that 
 22.22  the ~~custodian~~ spouse not be required to seek employment outside 
 22.23  the home. 
 22.24     Subd. 2.  [AMOUNT; DURATION.] The maintenance order ~~shall~~ 
 22.25  must be in amounts and for periods ~~of time~~, either temporary or 
 22.26  permanent, ~~as~~ that the court deems just, without regard to 
 22.27  marital misconduct~~,~~ and after considering all relevant factors 
 22.28  including: 
 22.29     ~~(a)~~ (1) the financial resources of the party seeking 
 22.30  maintenance, including marital property apportioned to the 
 22.31  party, and the party's ability to meet needs independently, 
 22.32  including the extent to which a provision for support of a child 
 22.33  living with the party includes a sum for that party as ~~custodian~~ 
 22.34  caretaker; 
 22.35     ~~(b)~~ (2) the time necessary to acquire sufficient education 
 22.36  or training to enable the party seeking maintenance to find 
 23.1   appropriate employment, and the probability, given the party's 
 23.2   age and skills, of completing education or training and becoming 
 23.3   fully or partially self-supporting; 
 23.4      ~~(c)~~ (3) the standard of living established during the 
 23.5   marriage; 
 23.6      ~~(d)~~ (4) the duration of the marriage and, in the case of a 
 23.7   homemaker, the length of absence from employment and the extent 
 23.8   to which any education, skills, or experience have become 
 23.9   outmoded and earning capacity has become permanently diminished; 
 23.10     ~~(e)~~ (5) the loss of earnings, seniority, retirement 
 23.11  benefits, and other employment opportunities forgone by the 
 23.12  spouse seeking ~~spousal~~ maintenance; 
 23.13     ~~(f)~~ (6) the age~~,~~ and the physical and emotional condition 
 23.14  of the spouse seeking maintenance; 
 23.15     ~~(g)~~ (7) the ability of the spouse from whom maintenance is 
 23.16  sought to meet needs while meeting those of the spouse seeking 
 23.17  maintenance; and 
 23.18     ~~(h)~~ (8) the contribution of each party in the acquisition, 
 23.19  preservation, depreciation, or appreciation in the amount or 
 23.20  value of the marital property, as well as the contribution of a 
 23.21  spouse as a homemaker or in furtherance of the other party's 
 23.22  employment or business. 
 23.23     Subd. 3.  [PERMANENCY OF AWARD.] ~~Nothing in~~ This section 
 23.24  ~~shall~~ must not be construed to favor a temporary award of 
 23.25  maintenance over a permanent award~~, where~~ if the factors under 
 23.26  subdivision 2 justify a permanent award. 
 23.27     ~~Where~~ If there is some uncertainty as to the necessity of a 
 23.28  permanent award, the court ~~shall~~ must order a permanent award 
 23.29  leaving its order open for later modification. 
 23.30     Subd. 4.  [REOPENING MAINTENANCE AWARDS.] Section 518.145, 
 23.31  subdivision 2, applies to maintenance awards ~~of spousal~~ 
 23.32  ~~maintenance~~. 
 23.33     Subd. 5.  [PRIVATE AGREEMENTS.] The parties may expressly 
 23.34  preclude or limit modification of maintenance through a 
 23.35  stipulation~~,~~ if the court makes specific findings that the 
 23.36  stipulation is fair ~~and~~, equitable, ~~is~~ and supported by 
 24.1   consideration described in the findings~~,~~ and that full 
 24.2   disclosure of each party's financial circumstances has 
 24.3   occurred.  The stipulation must be made a part of the judgment 
 24.4   and decree. 
 24.5      Sec. 30.  Minnesota Statutes 2000, section 518.58, is 
 24.6   amended to read: 
 24.7      518.58 [DIVISION OF MARITAL PROPERTY.] 
 24.8      Subdivision 1.  [GENERAL.] Upon a dissolution of a 
 24.9   marriage, an annulment, or in a proceeding for disposition of 
 24.10  property following a dissolution of marriage by a court which 
 24.11  lacked personal jurisdiction over the absent spouse or lacked 
 24.12  jurisdiction to dispose of the property and which has since 
 24.13  acquired jurisdiction, the court ~~shall~~ must make a just and 
 24.14  equitable division of the marital property of the parties 
 24.15  without regard to marital misconduct, after making findings 
 24.16  regarding the division of the property.  The court ~~shall~~ must 
 24.17  base its findings on all relevant factors including the length 
 24.18  of the marriage, any prior marriage of a party, the age, health, 
 24.19  station, occupation, amount and sources of income, vocational 
 24.20  skills, employability, estate, liabilities, needs, opportunity 
 24.21  for future acquisition of capital assets, and income of each 
 24.22  party.  The court ~~shall~~ must also consider the contribution of 
 24.23  each in the acquisition, preservation, depreciation, or 
 24.24  appreciation in the amount or value of the marital property, as 
 24.25  well as the contribution of a spouse as a homemaker.  It ~~shall~~ 
 24.26  ~~be~~ is conclusively presumed that each spouse made a substantial 
 24.27  contribution to the acquisition of income and property while 
 24.28  they were living together as husband and wife.  The court may 
 24.29  also award to either spouse the household goods and furniture of 
 24.30  the parties, whether or not acquired during the marriage.  The 
 24.31  court ~~shall~~ must value marital assets for purposes of division 
 24.32  between the parties as of the day of the initially scheduled 
 24.33  prehearing settlement conference, unless a different date is 
 24.34  agreed upon by the parties~~,~~ or ~~unless~~ the court makes specific 
 24.35  findings that another date of valuation is fair and equitable.  
 24.36  If there is a substantial change in value of an asset between 
 25.1   the date of valuation and the final distribution, the court may 
 25.2   adjust the valuation of that asset as necessary to effect an 
 25.3   equitable distribution.  
 25.4      Subd. 1a.  [TRANSFER, ENCUMBRANCE, CONCEALMENT, OR 
 25.5   DISPOSITION OF MARITAL ASSETS.] In contemplation of commencing 
 25.6   or during the pendency of a marriage dissolution, separation, or 
 25.7   annulment proceeding, ~~or in contemplation of commencing a~~ 
 25.8   ~~marriage dissolution, separation, or annulment proceeding,~~ each 
 25.9   party owes a fiduciary duty to the other for any profit or loss 
 25.10  derived by the party, without the consent of the other, from a 
 25.11  transaction or from any use by the party of the marital assets.  
 25.12  If the court finds that a party to a marriage, without consent 
 25.13  of the other party, has in contemplation of commencing~~,~~ or 
 25.14  during the pendency of~~,~~ the current dissolution, separation, or 
 25.15  annulment proceeding, transferred, encumbered, concealed, or 
 25.16  disposed of marital assets except in the usual course of 
 25.17  business or for the necessities of life, the court ~~shall~~ must 
 25.18  compensate the other party by placing both parties in the same 
 25.19  position that they would have been in had the transfer, 
 25.20  encumbrance, concealment, or disposal not occurred.  The burden 
 25.21  of proof under this subdivision is on the party claiming that 
 25.22  the other party transferred, encumbered, concealed, or disposed 
 25.23  of marital assets in contemplation of commencing or during the 
 25.24  pendency of the current dissolution, separation, or annulment 
 25.25  proceeding~~,~~ without consent of the claiming party, and that the 
 25.26  transfer, encumbrance, concealment, or disposal was not in the 
 25.27  usual course of business or for the necessities of life.  In 
 25.28  compensating a party under this section, the court, in dividing 
 25.29  the marital property, may impute the entire value of an asset 
 25.30  and a fair return on the asset to the party who transferred, 
 25.31  encumbered, concealed, or disposed of it.  Use of a power of 
 25.32  attorney~~,~~ or the absence of a restraining order against the 
 25.33  transfer, encumbrance, concealment, or disposal of marital 
 25.34  property is not available as a defense under this subdivision. 
 25.35     Subd. 2.  [AWARD OF NONMARITAL PROPERTY.] If the court 
 25.36  finds that either spouse's resources or property, including the 
 26.1   spouse's portion of the marital property as defined in section 
 26.2   518.54, subdivision 5, are so inadequate as to work an unfair 
 26.3   hardship, considering all relevant circumstances, the court may, 
 26.4   in addition to the marital property, apportion up to one-half of 
 26.5   the property otherwise excluded under section 518.54, 
 26.6   subdivision 5, clauses ~~(a)~~ (1) to ~~(d)~~ (4), to prevent the unfair 
 26.7   hardship.  If the court apportions property other than marital 
 26.8   property, it ~~shall~~ must make findings in support of the 
 26.9   apportionment.  The findings ~~shall~~ must be based on all relevant 
 26.10  factors including the length of the marriage, any prior marriage 
 26.11  of a party, the age, health, station, occupation, amount and 
 26.12  sources of income, vocational skills, employability, estate, 
 26.13  liabilities, needs, and opportunity for future acquisition of 
 26.14  capital assets and income of each party. 
 26.15     Subd. 3.  [SALE OR DISTRIBUTION WHILE PROCEEDING PENDING.] 
 26.16  (a) If the court finds that it is necessary to preserve the 
 26.17  marital assets of the parties, the court may order the sale of 
 26.18  the homestead of the parties or the sale of other marital 
 26.19  assets, as the individual circumstances may require, during the 
 26.20  pendency of a proceeding for a dissolution of marriage or an 
 26.21  annulment.  If the court orders a sale, it may further provide 
 26.22  for the disposition of the funds received from the sale during 
 26.23  the pendency of the proceeding. If liquid or readily liquidated 
 26.24  marital property other than property representing vested pension 
 26.25  benefits or rights is available, the court, so far as possible, 
 26.26  ~~shall~~ must divide the property representing vested pension 
 26.27  benefits or rights by the disposition of an equivalent amount of 
 26.28  the liquid or readily liquidated property.  
 26.29     (b) The court may order a partial distribution of marital 
 26.30  assets during the pendency of a proceeding for a dissolution of 
 26.31  marriage or an annulment for good cause shown or upon the 
 26.32  request of both parties~~, provided that~~ as long as the court 
 26.33  ~~shall~~ fully ~~protect~~ protects the interests of the other party. 
 26.34     Subd. 4.  [PENSION PLANS.] (a) The division of marital 
 26.35  property that represents pension plan benefits or rights in the 
 26.36  form of future pension plan payments:  
 27.1      (1) is payable only to the extent of the amount of the 
 27.2   pension plan benefit payable under the terms of the plan; 
 27.3      (2) is not payable for a period that exceeds the time that 
 27.4   pension plan benefits are payable to the pension plan benefit 
 27.5   recipient; 
 27.6      (3) is not payable in a lump sum amount from pension plan 
 27.7   assets attributable in any fashion to a spouse with the status 
 27.8   of an active member, deferred retiree, or benefit recipient of a 
 27.9   pension plan; 
 27.10     (4) if the former spouse to whom the payments are to be 
 27.11  made dies prior to the end of the specified payment period with 
 27.12  the right to any remaining payments accruing to an estate or to 
 27.13  more than one survivor, is payable only to a trustee on behalf 
 27.14  of the estate or the group of survivors for subsequent 
 27.15  apportionment by the trustee; and 
 27.16     (5) in the case of public pension plan benefits or rights, 
 27.17  may not commence until the public plan member submits a valid 
 27.18  application for a public pension plan benefit and the benefit 
 27.19  becomes payable. 
 27.20     (b) ~~The~~ An individual retirement account ~~plans~~ plan 
 27.21  established under chapter 354B may provide in its plan document, 
 27.22  if published and made generally available, for an alternative 
 27.23  marital property division or distribution of individual 
 27.24  retirement account plan assets.  If an alternative division or 
 27.25  distribution procedure is provided, it applies in place of 
 27.26  paragraph (a), clause (5). 
 27.27     Sec. 31.  Minnesota Statutes 2000, section 518.581, is 
 27.28  amended to read: 
 27.29     518.581 [SURVIVING SPOUSE BENEFIT.] 
 27.30     Subdivision 1.  [AWARD OF BENEFIT.] If a current or former 
 27.31  employee's marriage is dissolved, the court may order the 
 27.32  employee, the employee's pension plan, or both, to pay amounts 
 27.33  as part of the division of pension rights that the court may 
 27.34  make under section 518.58, or as an award of maintenance in the 
 27.35  form of a percentage of periodic or other payments or in the 
 27.36  form of a fixed dollar amount.  The court may, as part of the 
 28.1   order, award a former spouse all or part of a survivor benefit 
 28.2   unless the plan does not allow by law the payment of a surviving 
 28.3   spouse benefit to a former spouse. 
 28.4      Subd. 2.  [PAYMENT OF FUNDS BY RETIREMENT PLAN.] (a) If the 
 28.5   court has ordered that a spouse has an interest in a pension 
 28.6   plan, the court may order the pension plan to withhold payment 
 28.7   of a refund upon termination of employment or lump sum 
 28.8   distribution to the extent of the spouse's interest in the plan~~,~~ 
 28.9   or to provide survivor benefits ordered by the court.  
 28.10     (b) The court may not order the pension plan to:  
 28.11     (1) pay more than the equivalent of one surviving spouse 
 28.12  benefit, regardless of the number of spouses or former spouses 
 28.13  who may be sharing in a portion of the total benefit; 
 28.14     (2) pay surviving spouse benefits under circumstances where 
 28.15  the plan member does not have a right to elect surviving spouse 
 28.16  benefits; 
 28.17     (3) pay surviving spouse benefits to a former spouse if the 
 28.18  former spouse would not be eligible for benefits under the terms 
 28.19  of the plan; or 
 28.20     (4) order survivor benefits which, when combined with the 
 28.21  annuity or benefit payable to the pension plan member, exceed 
 28.22  the actuarial equivalent value of the normal retirement annuity 
 28.23  form, determined under the plan documents of the pension plan 
 28.24  then in effect and the actuarial assumptions then in effect for 
 28.25  calculating optional annuity forms by the pension plan or for 
 28.26  calculating the funding requirements of the pension plan if no 
 28.27  optional annuity forms are provided by the pension plan. 
 28.28     (c) If more than one spouse or former spouse is entitled to 
 28.29  a surviving spouse benefit, the pension plan ~~shall~~ must pay each 
 28.30  spouse a portion of the benefit based on the ratio of the number 
 28.31  of years the spouse was married to the plan member to the total 
 28.32  number of years the plan member was married to spouses who are 
 28.33  entitled to the benefit. 
 28.34     Subd. 3.  [NOTICE TO FORMER SPOUSE.] A pension plan 
 28.35  ~~shall~~ must notify a former spouse of an application by the 
 28.36  employee for a refund of pension benefits if the former spouse 
 29.1   has filed with the pension plan: 
 29.2      (1) a copy of the court order, including a withholding 
 29.3   order, determining the former spouse's rights; 
 29.4      (2) the name and last known address of the employee; and 
 29.5      (3) the name and address of the former spouse. 
 29.6      A pension plan ~~shall~~ must comply with an order, including a 
 29.7   withholding order, issued by a court having jurisdiction over 
 29.8   dissolution of marriage that is served on the pension plan, if 
 29.9   the order states the name, last known address of the payees, and 
 29.10  name and address of the former spouse~~,~~ or if the names and 
 29.11  addresses are provided to the pension plan with service of the 
 29.12  order. 
 29.13     Subd. 4.  [DEFINITIONS.] ~~For purposes of~~ The definitions in 
 29.14  this subdivision apply to this section~~, the following terms have~~ 
 29.15  ~~the meanings given in this subdivision~~. 
 29.16     (a) "Current or former employee" or "employee" means an 
 29.17  individual who has an interest in a pension plan. 
 29.18     (b) "Surviving spouse benefit" means (1) a benefit a 
 29.19  surviving spouse may be eligible for under the laws and bylaws 
 29.20  of the pension plan if the employee dies before retirement, or 
 29.21  (2) a benefit selected for or available to a surviving spouse 
 29.22  under the laws and bylaws of the pension plan upon the death of 
 29.23  the employee after retirement. 
 29.24     Sec. 32.  Minnesota Statutes 2000, section 518.582, is 
 29.25  amended to read: 
 29.26     518.582 [PROCEDURE FOR VALUING PENSION BENEFITS OR RIGHTS.] 
 29.27     Subdivision 1.  [APPOINTMENT OF ACTUARY.] ~~Each~~ A court of 
 29.28  this state ~~that has~~ with jurisdiction to decide marriage 
 29.29  dissolution matters may appoint a qualified person experienced 
 29.30  in the valuation of pension benefits and rights to function as 
 29.31  an expert witness in valuing pension benefits or rights. 
 29.32     Subd. 2.  [STANDARDS.] (a) A court appointed actuary ~~shall~~ 
 29.33  must determine the present value of pension benefits or rights 
 29.34  that are marital property of the parties to the action: 
 29.35     (1) based on the applicable plan documents of the pension 
 29.36  plan and the applicable actuarial assumptions specified for use 
 30.1   in calculating optional annuity forms by the pension plan or for 
 30.2   funding the pension plan, if reasonable~~,~~; or 
 30.3      (2) as specified by the court.  
 30.4      (b) The court appointed actuary ~~shall~~ must report to the 
 30.5   court and to the parties the present value of the pension 
 30.6   benefits or rights that are marital property. 
 30.7      Subd. 3.  [COMPENSATION.] The court appointed actuary may 
 30.8   be compensated at a rate established by the court.  The 
 30.9   compensation of the court appointed actuary ~~shall~~ must be 
 30.10  allocated between the parties as the court directs. 
 30.11     Subd. 4.  [STIPULATION.] In lieu of valuing pension 
 30.12  benefits or rights through use of the court appointed actuary, 
 30.13  the parties may stipulate the present value of pension benefits 
 30.14  or rights that are marital property. 
 30.15     Sec. 33.  Minnesota Statutes 2000, section 518.62, is 
 30.16  amended to read: 
 30.17     518.62 [TEMPORARY ORDER; MAINTENANCE; HOMESTEAD.] 
 30.18     Temporary maintenance ~~and temporary support~~ may be awarded 
 30.19  as provided in section 518.131.  The court may also award to 
 30.20  either party to the proceeding, having due regard to all the 
 30.21  circumstances and the party awarded the custody of the children, 
 30.22  the right to the exclusive use of the household goods and 
 30.23  furniture of the parties pending the proceeding and the right to 
 30.24  the use of the homestead of the parties, exclusive or otherwise, 
 30.25  pending the proceeding.  The court may order either party to 
 30.26  remove from the homestead of the parties upon proper application 
 30.27  to the court for an order pending the proceeding.  
 30.28     Sec. 34.  Minnesota Statutes 2000, section 518.64, 
 30.29  subdivision 1, is amended to read: 
 30.30     Subdivision 1.  [AUTHORITY.] (a) After an order for 
 30.31  temporary or permanent maintenance ~~or support money, temporary~~ 
 30.32  ~~or permanent,~~ or for the appointment of trustees to receive 
 30.33  property awarded as maintenance ~~or support money, the court may~~ 
 30.34  ~~from time to time, on motion of either of the parties~~, either 
 30.35  party or the public authority responsible for support 
 30.36  enforcement may move for modification.  A copy of ~~which is~~ a 
 31.1   motion by a party must be served on the public authority 
 31.2   responsible for ~~child~~ support enforcement if payments are made 
 31.3   through it~~, or on motion of the public authority responsible for~~ 
 31.4   ~~support enforcement,~~. 
 31.5      (b) The court may: 
 31.6      (1) modify the order respecting the amount of 
 31.7   maintenance ~~or support money~~, ~~and the~~ its payment ~~of it~~, ~~and~~ 
 31.8   ~~also respecting the~~ or appropriation and payment of the 
 31.9   principal and income of property held in trust~~,~~; and ~~may~~ 
 31.10     (2) make an order respecting these matters which it might 
 31.11  have made in the original proceeding, ~~except as herein otherwise~~ 
 31.12  ~~provided~~ subject to subdivisions 2 to 5.  
 31.13     (c) A party or the public authority also may bring a motion 
 31.14  for contempt of court if the obligor is in arrears in ~~support or~~ 
 31.15  maintenance payments. 
 31.16     Sec. 35.  Minnesota Statutes 2001 Supplement, section 
 31.17  518.64, subdivision 2, is amended to read: 
 31.18     Subd. 2.  [MODIFICATION.] (a) The terms of an order 
 31.19  respecting maintenance ~~or support~~ may be modified upon a showing 
 31.20  of one or more of the following:  (1) substantially increased or 
 31.21  decreased earnings of a party; (2) substantially increased or 
 31.22  decreased need of a party ~~or the child or children that are the~~ 
 31.23  ~~subject of these proceedings~~; (3) receipt of assistance under 
 31.24  the AFDC program formerly codified under sections 256.72 to 
 31.25  256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a 
 31.26  change in the cost of living for either party as measured by the 
 31.27  federal bureau of statistics, any of which makes the terms 
 31.28  unreasonable and unfair; (5) extraordinary medical expenses of 
 31.29  the child not provided for under section 518.171; or (6) the 
 31.30  addition of work-related or education-related child care 
 31.31  expenses of the obligee or a substantial increase or decrease in 
 31.32  existing work-related or education-related child care expenses.  
 31.33     ~~On a motion to modify support, the needs of any child the~~ 
 31.34  ~~obligor has after the entry of the support order that is the~~ 
 31.35  ~~subject of a modification motion shall be considered as provided~~ 
 31.36  ~~by section 518.551, subdivision 5f.~~ 
 32.1      ~~(b) It is presumed that there has been a substantial change~~ 
 32.2   ~~in circumstances under paragraph (a) and the terms of a current~~ 
 32.3   ~~support order shall be rebuttably presumed to be unreasonable~~ 
 32.4   ~~and unfair if:~~ 
 32.5      ~~(1) the application of the child support guidelines in~~ 
 32.6   ~~section 518.551, subdivision 5, to the current circumstances of~~ 
 32.7   ~~the parties results in a calculated court order that is at least~~ 
 32.8   ~~20 percent and at least $50 per month higher or lower than the~~ 
 32.9   ~~current support order;~~ 
 32.10     ~~(2) the medical support provisions of the order established~~ 
 32.11  ~~under section 518.171 are not enforceable by the public~~ 
 32.12  ~~authority or the obligee;~~ 
 32.13     ~~(3) health coverage ordered under section 518.171 is not~~ 
 32.14  ~~available to the child for whom the order is established by the~~ 
 32.15  ~~parent ordered to provide; or~~ 
 32.16     ~~(4) the existing support obligation is in the form of a~~ 
 32.17  ~~statement of percentage and not a specific dollar amount.~~  
 32.18     ~~(c)~~ (b) On a motion for modification of maintenance, 
 32.19  including a motion for the extension of the duration of a 
 32.20  maintenance award, the court ~~shall~~ must apply, in addition to 
 32.21  all other relevant factors, the factors for an award of 
 32.22  maintenance under section 518.552 that exist at the time of the 
 32.23  motion.  ~~On a motion for modification of support, the court:~~  
 32.24     ~~(1) shall apply section 518.551, subdivision 5, and shall~~ 
 32.25  ~~not consider the financial circumstances of each party's spouse,~~ 
 32.26  ~~if any; and~~ 
 32.27     ~~(2) shall not consider compensation received by a party for~~ 
 32.28  ~~employment in excess of a 40-hour work week, provided that the~~ 
 32.29  ~~party demonstrates, and the court finds, that:~~ 
 32.30     ~~(i) the excess employment began after entry of the existing~~ 
 32.31  ~~support order;~~ 
 32.32     ~~(ii) the excess employment is voluntary and not a condition~~ 
 32.33  ~~of employment;~~ 
 32.34     ~~(iii) the excess employment is in the nature of additional,~~ 
 32.35  ~~part-time employment, or overtime employment compensable by the~~ 
 32.36  ~~hour or fractions of an hour;~~ 
 33.1      ~~(iv) the party's compensation structure has not been~~ 
 33.2   ~~changed for the purpose of affecting a support or maintenance~~ 
 33.3   ~~obligation;~~ 
 33.4      ~~(v) in the case of an obligor, current child support~~ 
 33.5   ~~payments are at least equal to the guidelines amount based on~~ 
 33.6   ~~income not excluded under this clause; and~~ 
 33.7      ~~(vi) in the case of an obligor who is in arrears in child~~ 
 33.8   ~~support payments to the obligee, any net income from excess~~ 
 33.9   ~~employment must be used to pay the arrearages until the~~ 
 33.10  ~~arrearages are paid in full.~~ 
 33.11     ~~(d)~~ (c) A modification of ~~support or~~ maintenance, including 
 33.12  interest that accrued pursuant to section 548.091, may be made 
 33.13  retroactive only with respect to any period during which the 
 33.14  petitioning party has pending a motion for modification but only 
 33.15  from the date of service of notice of the motion on the 
 33.16  responding party and on the public authority if public 
 33.17  assistance is being furnished or the county attorney is the 
 33.18  attorney of record.  However, modification may be applied to an 
 33.19  earlier period if the court makes express findings that:  
 33.20     (1) the party seeking modification was precluded from 
 33.21  serving a motion by reason of a significant physical or mental 
 33.22  disability, a material misrepresentation of another party, or 
 33.23  fraud upon the court and that the party seeking modification, 
 33.24  when no longer precluded, promptly served a motion; 
 33.25     (2) the party seeking modification was a recipient of 
 33.26  federal Supplemental Security Income (SSI), Title II Older 
 33.27  Americans, Survivor's Disability Insurance (OASDI), other 
 33.28  disability benefits, or public assistance based upon need during 
 33.29  the period for which retroactive modification is sought; 
 33.30     (3) the order for which the party seeks amendment was 
 33.31  entered by default, the party shows good cause for not 
 33.32  appearing, and the record contains no factual evidence, or 
 33.33  clearly erroneous evidence regarding the individual obligor's 
 33.34  ability to pay; or 
 33.35     (4) the party seeking modification was institutionalized or 
 33.36  incarcerated for an offense other than nonsupport of a child 
 34.1   during the period for which retroactive modification is sought 
 34.2   and lacked the financial ability to pay the support ordered 
 34.3   during that time period.  In determining whether to allow the 
 34.4   retroactive modification, the court shall consider whether and 
 34.5   when a request was made to the public authority for support 
 34.6   modification.  
 34.7   ~~The court may provide that a reduction in the amount allocated~~ 
 34.8   ~~for child care expenses based on a substantial decrease in the~~ 
 34.9   ~~expenses is effective as of the date the expenses decreased.~~ 
 34.10     ~~(e)~~ (d) Except for an award of the right of occupancy of 
 34.11  the homestead~~, provided in~~ under section 518.63, all divisions 
 34.12  of real and personal property provided by section 518.58 ~~shall~~ 
 34.13  ~~be~~ are final, and may be revoked or modified only ~~where~~ if the 
 34.14  court finds the existence of conditions that justify reopening a 
 34.15  judgment under the laws of this state, including motions under 
 34.16  section 518.145, subdivision 2.  The court may impose a lien or 
 34.17  charge on the divided property at any time while the property, 
 34.18  or subsequently acquired property, is owned by the parties or 
 34.19  either of them, for the payment of maintenance or support ~~money,~~ 
 34.20  or may sequester the property ~~as is provided by~~ under section 
 34.21  518.24. 
 34.22     ~~(f)~~ (e) The court need not hold an evidentiary hearing on a 
 34.23  motion for modification of maintenance or support. 
 34.24     ~~(g)~~ (f) Section 518.14 ~~shall govern~~ governs the award of 
 34.25  attorney fees for motions brought under this subdivision. 
 34.26     Sec. 36.  Minnesota Statutes 2000, section 518.641, as 
 34.27  amended by Laws 2001, First Special Session chapter 9, article 
 34.28  12, sections 15, 16, 17, 18, and 20, is amended to read: 
 34.29     518.641 [COST-OF-LIVING ADJUSTMENTS IN MAINTENANCE ~~OR CHILD~~ 
 34.30  ~~SUPPORT~~ ORDER.] 
 34.31     Subdivision 1.  [REQUIREMENT.] (a) An order establishing, 
 34.32  modifying, or enforcing maintenance ~~or child support shall~~ must 
 34.33  provide for a biennial adjustment in the amount to be paid based 
 34.34  on a change in the cost of living.  An order that provides for a 
 34.35  cost-of-living adjustment ~~shall~~ must specify the cost-of-living 
 34.36  index to be applied and the date on which the cost-of-living 
 35.1   adjustment ~~shall become~~ becomes effective.  The court may use 
 35.2   the consumer price index for all urban consumers, 
 35.3   Minneapolis-St. Paul (CPI-U), the consumer price index for wage 
 35.4   earners and clerical, Minneapolis-St. Paul (CPI-W), or another 
 35.5   cost-of-living index published by the department of labor which 
 35.6   it specifically finds is more appropriate.  Cost-of-living 
 35.7   increases under this section ~~shall~~ must be compounded.  The 
 35.8   court may also increase the amount by more than the 
 35.9   cost-of-living adjustment by agreement of the parties or by 
 35.10  making further findings.  
 35.11     (b) The adjustment becomes effective on the first of May of 
 35.12  the year in which it is made, for cases in which payment is made 
 35.13  to the public authority.  For cases in which payment is not made 
 35.14  to the public authority, application for an adjustment may be 
 35.15  made in any month but no application for an adjustment may be 
 35.16  made sooner than two years after the date of the dissolution 
 35.17  decree.  A court may waive the requirement of the cost-of-living 
 35.18  clause if it expressly finds that the obligor's occupation or 
 35.19  income, or both, does not provide for a cost-of-living 
 35.20  adjustment or that the order for maintenance ~~or child support~~ 
 35.21  has a provision such as a step increase that has the effect of a 
 35.22  cost-of-living clause.  The court may waive a cost-of-living 
 35.23  adjustment in a maintenance order if the parties so agree in 
 35.24  writing.  ~~The commissioner of human services may promulgate~~ 
 35.25  ~~rules for child support adjustments under this section in~~ 
 35.26  ~~accordance with the rulemaking provisions of chapter 14.~~  Notice 
 35.27  of this statute must comply with section 518.68, subdivision 2. 
 35.28     Subd. 2.  [NOTICE.] No adjustment under this section may be 
 35.29  made unless the order provides for it and the notice provisions 
 35.30  of this subdivision are followed.  The public authority or the 
 35.31  obligee, if the obligee is requesting the cost-of-living 
 35.32  adjustment, ~~sends~~ must send notice of the intended adjustment to 
 35.33  the obligor at the obligor's last known address at least 20 days 
 35.34  before the effective date of the adjustment.  The notice ~~shall~~ 
 35.35  must inform the obligor of the date on which the adjustment ~~will~~ 
 35.36  ~~become~~ becomes effective and the procedures for contesting the 
 36.1   adjustment. 
 36.2      Subd. 2a.  [PROCEDURES FOR CONTESTING ADJUSTMENT.] (a) To 
 36.3   contest cost-of-living adjustments initiated by the public 
 36.4   authority or an obligee who has applied for or is receiving 
 36.5   ~~child support and~~ maintenance collection services from the 
 36.6   public authority, other than income withholding only services, 
 36.7   the obligor, before the effective date of the adjustment, must: 
 36.8      (1) file a motion contesting the cost-of-living adjustment 
 36.9   with the court administrator; and 
 36.10     (2) serve the motion by first-class mail on the public 
 36.11  authority and the obligee. 
 36.12  The hearing ~~shall~~ must take place in the expedited child 
 36.13  support process as governed by section 484.702. 
 36.14     (b) To contest cost-of-living adjustments initiated by an 
 36.15  obligee who is not receiving ~~child support and~~ maintenance 
 36.16  collection services from the public authority, or ~~for~~ by an 
 36.17  obligee who receives income withholding only services from the 
 36.18  public authority, the obligor must, before the effective date of 
 36.19  the adjustment: 
 36.20     (1) file a motion contesting the cost-of-living adjustment 
 36.21  with the court administrator; and 
 36.22     (2) serve the motion by first-class mail on the obligee. 
 36.23  The hearing ~~shall~~ must take place in district court. 
 36.24     (c) Upon receipt of a motion contesting the cost-of-living 
 36.25  adjustment, the cost-of-living adjustment ~~shall~~ must be stayed 
 36.26  pending further order of the court. 
 36.27     (d) The court administrator ~~shall~~ must make available pro 
 36.28  se motion forms for contesting a cost-of-living adjustment under 
 36.29  this subdivision. 
 36.30     Subd. 3.  [RESULT OF HEARING.] If, at a hearing pursuant to 
 36.31  this section, the obligor establishes an insufficient cost of 
 36.32  living or other increase in income that prevents fulfillment of 
 36.33  the adjusted maintenance ~~or child support~~ obligation, the court 
 36.34  or child support magistrate may direct that all or part of the 
 36.35  adjustment not take effect.  If, at the hearing, the obligor 
 36.36  does not establish this insufficient increase in income, the 
 37.1   adjustment ~~shall~~ must take effect as of the date it would have 
 37.2   become effective had no hearing been requested. 
 37.3      Sec. 37.  Minnesota Statutes 2000, section 518.642, is 
 37.4   amended to read: 
 37.5      518.642 [OVERPAYMENTS.] 
 37.6      If ~~child support or~~ maintenance is not assigned under 
 37.7   section 256.741~~,~~ and an obligor has overpaid a ~~child support or~~ 
 37.8   maintenance obligation because of a modification or error in the 
 37.9   amount owed, the public authority ~~shall~~ must: 
 37.10     (1) apply the amount of the overpayment to reduce the 
 37.11  amount of any ~~child support or~~ maintenance-related arrearages or 
 37.12  debts owed to the obligee; and 
 37.13     (2) if an overpayment exists after the reduction of any 
 37.14  arrearage or debt, reduce the amount of the ~~child~~ 
 37.15  ~~support~~ maintenance remitted to the obligee by an amount no 
 37.16  greater than 20 percent of the current monthly ~~support or~~ 
 37.17  maintenance obligation and remit this amount to the obligor 
 37.18  until the overpayment is reduced to zero. 
 37.19     Sec. 38.  [518.643] [MAINTENANCE PAYMENT ENFORCEMENT.] 
 37.20     The enforcement requirements and procedures in sections 
 37.21  517C.35, subdivision 1, 517C.52 to 517C.62, 517C.64, 517C.72, 
 37.22  517C.74, 517C.75, 517C.76, 517C.78, and 517C.79, apply to 
 37.23  maintenance payments as well as child support obligations. 
 37.24     Sec. 39.  Minnesota Statutes 2000, section 518.646, is 
 37.25  amended to read: 
 37.26     518.646 [NOTICE OF ORDER.] 
 37.27     ~~Whenever these laws require~~ If a law requires service of a 
 37.28  court's order on an employer, union, or payor of funds, service 
 37.29  of a verified notice of order may be made in lieu ~~thereof~~ of the 
 37.30  order.  The verified notice ~~shall~~ must contain the title of the 
 37.31  action, the name of the court, the court file number, the date 
 37.32  of the court order, and ~~shall recite~~ the operative provisions of 
 37.33  the order. 
 37.34     Sec. 40.  Minnesota Statutes 2000, section 518.65, is 
 37.35  amended to read: 
 37.36     518.65 [PROPERTY; SALE, PARTITION.] 
 38.1      In order to effect a division or award of property ~~as is~~ 
 38.2   ~~provided by~~ under section 518.58, the court may order property 
 38.3   sold or partitioned.  Personal property may be ordered sold in 
 38.4   the manner directed by the court~~,~~ and real estate may be 
 38.5   partitioned in the manner provided by Minnesota Statutes 1949, 
 38.6   chapter 558. 
 38.7      Sec. 41.  [INSTRUCTION TO REVISOR.] 
 38.8      The revisor of statutes must renumber the sections in 
 38.9   Minnesota Statutes listed in column A as indicated in column B 
 38.10  and correct cross-references to those sections throughout 
 38.11  Minnesota Statutes and Minnesota Rules. 
 38.12               A                 B 
 38.13            518.002              517A.02, subd. 5 
 38.14            518.003              517A.01 
 38.15            518.005              517A.02 
 38.16            518.01               517A.05 
 38.17            518.02               517A.08 
 38.18            518.03               517A.09 
 38.19            518.04               517A.10 
 38.20            518.05               517A.11 
 38.21            518.055              517A.12 
 38.22            518.06               517A.15 
 38.23            518.07               517A.16 
 38.24            518.09               517A.17 
 38.25            518.091              517A.18 
 38.26            518.10               517A.19 
 38.27            518.11               517A.20 
 38.28            518.12               517A.21 
 38.29            518.13               517A.22 
 38.30            518.131              517A.03 
 38.31            518.14               517A.04 
 38.32            518.145              517A.23 
 38.33            518.146              517A.24 
 38.34            518.148              517A.26 
 38.35            518.191              517A.27 
 38.36            518.195              517A.28 
 39.1             518.24               517A.29 
 39.2             518.25               517A.30 
 39.3             518.27               517A.31 
 39.4             518.54, subd. 1      517A.32, subd. 1 
 39.5             518.54, subd. 2a     517A.32, subd. 2 
 39.6             518.54, subd. 2b     517A.32, subd. 3 
 39.7             518.54, subd. 3      517A.32, subd. 4 
 39.8             518.54, subd. 4      517A.32, subd. 5 
 39.9             518.54, subd. 5      517A.32, subd. 6 
 39.10            518.54, subd. 6      517A.32, subd. 7 
 39.11            518.54, subd. 7      517A.32, subd. 8 
 39.12            518.54, subd. 8      517A.32, subd. 9 
 39.13            518.54, subd. 9      517A.32, subd. 10 
 39.14            518.54, subd. 10     517A.32, subd. 11 
 39.15            518.54, subd. 11     517A.32, subd. 12 
 39.16            518.54, subd. 12     517A.32, subd. 13 
 39.17            518.55               517A.34 
 39.18            518.552              517A.33 
 39.19            518.58               517A.35 
 39.20            518.581              517A.36 
 39.21            518.582              517A.37 
 39.22            518.583              517A.38 
 39.23            518.62               517A.40 
 39.24            518.63               517A.41 
 39.25            518.64               517A.42 
 39.26            518.641, subd. 1     517A.43, subd. 1 
 39.27            518.641, subd. 2     517A.43, subd. 2 
 39.28            518.641, subd. 2a    517A.43, subd. 2a
 39.29            518.641, subd. 3     517A.43, subd. 3 
 39.30            518.642              517A.44 
 39.31            518.646              517A.06 
 39.32            518.65               517A.46 
 39.33            518.68               517A.07 
 39.34     Sec. 42.  [REPEALER.] 
 39.35     Minnesota Statutes 2000, section 518.64, subdivisions 4, 
 39.36  4a, and 5, are repealed. 
 40.1                              ARTICLE 2
 40.2               CUSTODY, PARENTING TIME, AND VISITATION 
 40.3                               GENERAL 
 40.4      Section 1.  [517B.01] [DEFINITIONS.] 
 40.5      Subdivision 1.  [SCOPE.] The definitions in this section 
 40.6   apply to this chapter.  
 40.7      Sec. 2.  [517B.03] [TEMPORARY ORDERS RELATING TO CUSTODY 
 40.8   AND PARENTING TIME.] 
 40.9      (a) A temporary order for custody or parenting time may be 
 40.10  sought under section 517A.03.  
 40.11     (b) A party seeking a temporary custody order must submit 
 40.12  with moving papers an affidavit setting forth facts supporting 
 40.13  the requested order.  The party must give notice and a copy of 
 40.14  the affidavit to other parties to the proceeding, who may file 
 40.15  opposing affidavits. 
 40.16     Sec. 3.  [517B.04] [CUSTODY AND PARENTING TIME NOTICES.] 
 40.17     A court order or judgment and decree concerning custody of 
 40.18  or parenting time with a minor child must contain the notice set 
 40.19  out in section 517C.99, subdivision 3. 
 40.20     Sec. 4.  [517B.05] [ATTORNEY FEES, COSTS, AND 
 40.21  DISBURSEMENTS.] 
 40.22     Attorney fees, costs, and disbursements must be awarded in 
 40.23  a proceeding under this chapter as provided by section 517A.04. 
 40.24     Sec. 5.  [517B.17] [CUSTODY OF CHILDREN.] 
 40.25     Subdivision 1.  [CUSTODY ORDER.] Upon adjudging the nullity 
 40.26  of a marriage, in a dissolution or legal separation proceeding, 
 40.27  or in a child custody proceeding, the court must make a further 
 40.28  order as it deems just and proper concerning: 
 40.29     (1) the legal custody of each minor child of the parties, 
 40.30  which must be sole or joint; and 
 40.31     (2) their physical custody and residence. 
 40.32     Subd. 2.  [STANDARD; PREFERENCE PROHIBITED.] In determining 
 40.33  custody, the court must consider the best interests of the child 
 40.34  and must not prefer one parent over the other solely on the 
 40.35  basis of the sex of the parent. 
 40.36     Subd. 3.  [THE BEST INTERESTS OF THE CHILD; FACTORS.] "The 
 41.1   best interests of the child" means all relevant factors to be 
 41.2   considered and evaluated by the court including: 
 41.3      (1) the wishes of the child's parent or parents as to 
 41.4   custody; 
 41.5      (2) the reasonable preference of the child, if the court 
 41.6   deems the child to be of sufficient age to express a preference; 
 41.7      (3) the child's primary caretaker; 
 41.8      (4) the intimacy of the relationship between each parent 
 41.9   and the child; 
 41.10     (5) the interaction and interrelationship of the child with 
 41.11  a parent or parents, siblings, and any other person who may 
 41.12  significantly affect the child's best interests; 
 41.13     (6) the child's adjustment to home, school, and community; 
 41.14     (7) the length of time the child has lived in a stable, 
 41.15  satisfactory environment and the desirability of maintaining 
 41.16  continuity; 
 41.17     (8) the permanence, as a family unit, of the existing or 
 41.18  proposed home; 
 41.19     (9) the mental and physical health of all individuals 
 41.20  involved; except that a disability, as defined in section 
 41.21  363.01, of a parent or the child is not determinative of the 
 41.22  custody of the child, unless the proposed custodial arrangement 
 41.23  is not in the best interest of the child; 
 41.24     (10) the capacity and disposition of the parties to give 
 41.25  the child love, affection, and guidance, and to continue 
 41.26  educating and raising the child in the child's culture and 
 41.27  religion or creed, if any; 
 41.28     (11) the child's cultural background; 
 41.29     (12) the effect on the child of the actions of an abuser, 
 41.30  if related to domestic abuse, as defined in section 518B.01, 
 41.31  that has occurred between the parents or between a parent and 
 41.32  another individual, whether or not the individual alleged to 
 41.33  have committed domestic abuse is or ever was a family or 
 41.34  household member of the parent; 
 41.35     (13) except in cases in which a finding of domestic abuse 
 41.36  as defined in section 518B.01 has been made, the disposition of 
 42.1   each parent to encourage and permit frequent and continuing 
 42.2   contact by the other parent with the child; and 
 42.3      (14) evidence of a violation of section 609.507. 
 42.4      Subd. 4.  [BEST INTERESTS DETERMINATION.] The court must 
 42.5   make detailed findings on each of the factors in subdivision 3 
 42.6   and explain how the factors led to its conclusion and to the 
 42.7   determination of the best interests of the child.  In 
 42.8   determining the best interests of a child, the court may not use 
 42.9   one factor in subdivision 3 to the exclusion of all others.  The 
 42.10  primary caretaker factor may not be used as a presumption in 
 42.11  determining the best interests of the child.  The court may not 
 42.12  consider conduct of a parent that does not affect the parent's 
 42.13  relationship to the child. 
 42.14     Sec. 6.  [517B.18] [JOINT CUSTODY.] 
 42.15     Subdivision 1.  [FACTORS WHEN JOINT CUSTODY IS SOUGHT.] In 
 42.16  addition to the factors listed in section 517B.17, if either 
 42.17  joint legal or joint physical custody is sought, the court must 
 42.18  consider the following relevant factors: 
 42.19     (1) the ability of parents to cooperate in the rearing of 
 42.20  their child; 
 42.21     (2) methods for resolving disputes regarding any major 
 42.22  decision concerning the life of the child, and the parents' 
 42.23  willingness to use those methods; 
 42.24     (3) whether it would be detrimental to the child if one 
 42.25  parent were to have sole authority over the child's upbringing; 
 42.26  and 
 42.27     (4) whether domestic abuse, as defined in section 518B.01, 
 42.28  has occurred between the parents. 
 42.29     Subd. 2.  [PRESUMPTIONS; FINDINGS.] (a) The court must use 
 42.30  a rebuttable presumption that upon request of either or both 
 42.31  parents, joint legal custody is in the best interests of the 
 42.32  child.  However, the court must use a rebuttable presumption 
 42.33  that joint legal or physical custody is not in the best 
 42.34  interests of the child if domestic abuse, as defined in section 
 42.35  518B.01, has occurred between the parents. 
 42.36     (b) If the court awards joint legal or physical custody 
 43.1   over the objection of a parent, the court must make detailed 
 43.2   findings on each of the factors in this section and explain how 
 43.3   the factors led to its determination that joint custody would be 
 43.4   in the best interests of the child. 
 43.5      Subd. 3.  [JOINT CUSTODY; SUPPORT GUIDELINES.] An award of 
 43.6   joint legal custody is not a reason for departure from the child 
 43.7   support guidelines in sections 517C.12 to 517C.16. 
 43.8      Sec. 7.  [517B.19] [CUSTODY; ACCESS RIGHTS OF PARENTS; 
 43.9   LIMITATIONS.] 
 43.10     Subdivision 1.  [ACCESS; LIMITATIONS.] (a) Whether sole or 
 43.11  joint legal custody is ordered, the court must grant the 
 43.12  following rights to each of the parties, unless specific 
 43.13  findings are made under section 517C.99, subdivision 1.  Each 
 43.14  party: 
 43.15     (1) has the right of access to, and to receive copies of, a 
 43.16  minor child's school, medical, dental, religious training, and 
 43.17  other important records and information; 
 43.18     (2) has the right of access to information regarding health 
 43.19  or dental insurance available to a minor child; 
 43.20     (3) must keep the other party informed as to the name and 
 43.21  address of the school a minor child attends; 
 43.22     (4) must notify the other party, in the case of an accident 
 43.23  or serious illness of a minor child, of the accident or illness, 
 43.24  and the name of the health care provider and the place of 
 43.25  treatment; and 
 43.26     (5) has the right to reasonable access and telephone 
 43.27  contact with a minor child. 
 43.28     (b) Each party has the right to be informed by school 
 43.29  officials about a child's welfare, educational progress and 
 43.30  status, and to attend school and parent-teacher conferences.  
 43.31  The school is not required to hold a separate conference for 
 43.32  each party. 
 43.33     (c) The court may waive any of the rights under this 
 43.34  subdivision if it finds it is necessary to protect the welfare 
 43.35  of a party or child. 
 43.36     Sec. 8.  Minnesota Statutes 2000, section 518.003, 
 44.1   subdivision 3, is amended to read: 
 44.2      Subd. 3.  [CUSTODY.] Unless otherwise agreed by the parties:
 44.3      (a) "Legal custody" means the right to determine the 
 44.4   child's upbringing, including education, health care, and 
 44.5   religious training.  
 44.6      (b) "Joint legal custody" means that both parents have 
 44.7   equal rights and responsibilities, including the right to 
 44.8   participate in major decisions determining the child's 
 44.9   upbringing, including education, health care, and religious 
 44.10  training.  
 44.11     (c) "Physical custody and residence" means the routine 
 44.12  daily care and control and the residence of the child.  
 44.13     (d) "Joint physical custody" means that the routine daily 
 44.14  care and control and the residence of the child is structured 
 44.15  between the parties.  
 44.16     (e) ~~Wherever used in this chapter, the term~~ "Custodial 
 44.17  parent" or "custodian" means the person who has the physical 
 44.18  custody of the child at any particular time.  
 44.19     (f) "Custody determination" means a court decision and 
 44.20  court orders and instructions providing for the custody of a 
 44.21  child, including parenting time, but does not include a decision 
 44.22  relating to child support or any other monetary obligation of 
 44.23  any person.  
 44.24     (g) "Custody proceeding" includes proceedings in which a 
 44.25  custody determination is one of several issues, such as an 
 44.26  action for dissolution, divorce, or separation, and includes 
 44.27  proceedings involving children who are in need of protection or 
 44.28  services, domestic abuse, and paternity. 
 44.29     Sec. 9.  Minnesota Statutes 2001 Supplement, section 
 44.30  518.155, is amended to read: 
 44.31     518.155 [CUSTODY ~~DETERMINATIONS~~ AND PARENTING TIME 
 44.32  JURISDICTION.] 
 44.33     Notwithstanding any law to the contrary, a court in which a 
 44.34  proceeding for dissolution, legal separation, or child custody 
 44.35  has been commenced ~~shall~~ must not issue, revise, modify or amend 
 44.36  any order, pursuant to ~~sections~~ section 518.131, 518.165, 
 45.1   518.168, 518.17, 518.175 or 518.18, ~~which~~ that affects the 
 45.2   custody of a minor child or the parenting time of a parent 
 45.3   unless the court has jurisdiction over the matter ~~pursuant to~~ 
 45.4   ~~the provisions of~~ under chapter 518D. 
 45.5      Sec. 10.  Minnesota Statutes 2000, section 518.156, is 
 45.6   amended to read: 
 45.7      518.156 [COMMENCEMENT OF CUSTODY PROCEEDING.] 
 45.8      Subdivision 1.  [PROCEDURE.] In a court of this state ~~which~~ 
 45.9   that has jurisdiction to decide child custody matters, a child 
 45.10  custody proceeding is commenced: 
 45.11     (a) by a parent 
 45.12     (1) by filing a petition for dissolution or legal 
 45.13  separation; or 
 45.14     (2) ~~where~~ if a decree of dissolution or legal separation 
 45.15  has been entered or where none is sought, or ~~when~~ if paternity 
 45.16  has been recognized under section 257.75, by filing a petition 
 45.17  or motion seeking custody or parenting time with the child in 
 45.18  the county where the child is permanently resident or where the 
 45.19  child is found or where an earlier order for custody of the 
 45.20  child has been entered; or 
 45.21     (b) by a person other than a parent, ~~where~~ if a decree of 
 45.22  dissolution or legal separation has been entered or ~~where~~ if 
 45.23  none is sought by filing a petition or motion seeking custody or 
 45.24  visitation of the child in the county where the child is 
 45.25  permanently resident or where the child is found or where an 
 45.26  earlier order for custody of the child has been entered.  A 
 45.27  person seeking visitation pursuant to this paragraph must 
 45.28  qualify under one of the provisions of section 257.022.  
 45.29     Subd. 2.  [REQUIRED NOTICE.] Written notice of a child 
 45.30  custody or parenting time or visitation proceeding ~~shall~~ must be 
 45.31  given to the child's parent, guardian, and custodian, who may 
 45.32  appear and be heard and may file a responsive pleading.  The 
 45.33  court may, upon a showing of good cause, permit the intervention 
 45.34  of other interested parties. 
 45.35     Sec. 11.  Minnesota Statutes 2000, section 518.157, 
 45.36  subdivision 1, is amended to read: 
 46.1      Subdivision 1.  [IMPLEMENTATION; ADMINISTRATION.] ~~By~~ 
 46.2   ~~January 1, 1998,~~ The chief judge of each judicial district or a 
 46.3   designee ~~shall~~ must implement one or more parent education 
 46.4   programs within the judicial district for the purpose of 
 46.5   educating parents about the impact that divorce, the 
 46.6   restructuring of families, and judicial proceedings have upon 
 46.7   children and families; methods for preventing parenting time 
 46.8   conflicts; and dispute resolution options.  The chief judge of 
 46.9   each judicial district or a designee may require that children 
 46.10  attend a separate education program designed to deal with the 
 46.11  impact of divorce upon children as part of the parent education 
 46.12  program.  Each parent education program must enable persons to 
 46.13  have timely and reasonable access to education sessions.  
 46.14     Sec. 12.  Minnesota Statutes 2000, section 518.157, 
 46.15  subdivision 2, is amended to read: 
 46.16     Subd. 2.  [MINIMUM STANDARDS; PLAN.] The Minnesota supreme 
 46.17  court should promulgate minimum standards for the implementation 
 46.18  and administration of a parent education program.  The chief 
 46.19  judge of each judicial district or a designee ~~shall~~ must submit 
 46.20  a plan to the Minnesota conference of chief judges for their 
 46.21  approval that is designed to implement and administer a parent 
 46.22  education program in the judicial district.  The plan must be 
 46.23  consistent with the minimum standards promulgated by the 
 46.24  Minnesota supreme court.  
 46.25     Sec. 13.  Minnesota Statutes 2000, section 518.157, 
 46.26  subdivision 3, is amended to read: 
 46.27     Subd. 3.  [ATTENDANCE.] In a proceeding under this chapter 
 46.28  or sections 257.51 to 257.75 where custody or parenting time is 
 46.29  contested, the parents of a minor child ~~shall~~ must attend an 
 46.30  orientation and education program that meets the minimum 
 46.31  standards promulgated by the Minnesota supreme court.  In all 
 46.32  other proceedings involving custody, support, or parenting time 
 46.33  the court may order the parents of a minor child to attend a 
 46.34  parent education program.  The program ~~shall~~ must provide the 
 46.35  court with names of persons who fail to attend the parent 
 46.36  education program as ordered by the court.  Persons who are 
 47.1   separated or contemplating involvement in a dissolution, 
 47.2   paternity, custody, or parenting time proceeding may attend a 
 47.3   parent education program without a court order.  Participation 
 47.4   in a parent education program must occur as early as possible.  
 47.5   Parent education programs must offer an opportunity to 
 47.6   participate at all phases of a pending or postdecree 
 47.7   proceeding.  Upon request of a party and a showing of good 
 47.8   cause, the court may excuse the party from attending the 
 47.9   program.  If past or present domestic abuse, as defined in 
 47.10  chapter 518B, is alleged, the court ~~shall~~ must not require the 
 47.11  parties to attend the same parent education sessions and ~~shall~~ 
 47.12  must enter an order setting forth the manner in which the 
 47.13  parties may safely participate in the program. 
 47.14     Sec. 14.  Minnesota Statutes 2000, section 518.157, 
 47.15  subdivision 5, is amended to read: 
 47.16     Subd. 5.  [CONFIDENTIALITY.] Unless all parties agree in 
 47.17  writing, statements made by a party during participation in a 
 47.18  parent education program are inadmissible as evidence for any 
 47.19  purpose, including impeachment.  No record may be made regarding 
 47.20  a party's participation in a parent education program, except a 
 47.21  record of attendance at and completion of the program as 
 47.22  required under this section.  Instructors ~~shall~~ must not 
 47.23  disclose information regarding an individual participant 
 47.24  obtained as a result of participation in a parent education 
 47.25  program.  Parent education instructors may not be subpoenaed or 
 47.26  called as witnesses in court proceedings.  
 47.27     Sec. 15.  Minnesota Statutes 2000, section 518.157, 
 47.28  subdivision 6, is amended to read: 
 47.29     Subd. 6.  [FEE.] Except as provided in this subdivision, 
 47.30  each person who attends a parent education program ~~shall~~ must 
 47.31  pay a fee to defray the cost of the program.  A party who 
 47.32  qualifies for waiver of filing fees under section 563.01 is 
 47.33  exempt from paying the parent education program fee and the 
 47.34  court ~~shall~~ must waive the fee or direct its payment under 
 47.35  section 563.01.  Program providers shall implement a sliding fee 
 47.36  scale. 
 48.1      Sec. 16.  Minnesota Statutes 2000, section 518.158, 
 48.2   subdivision 2, is amended to read: 
 48.3      Subd. 2.  [EMERGENCY CUSTODY HEARING.] If the parent seeks 
 48.4   to remove the child from the home of the relative or if the 
 48.5   relative seeks to remove the child from the home of the parent 
 48.6   and the applicable factors in subdivision 1 exist, the relative 
 48.7   may apply for an ex parte temporary order for custody of the 
 48.8   child.  The application must include an affidavit made under 
 48.9   oath that states with particularity the specific facts and 
 48.10  circumstances on which the application is based.  The court 
 48.11  ~~shall~~ must grant temporary custody if it finds, based on the 
 48.12  application, that the applicable factors in subdivision 1 
 48.13  exist.  If it finds that the factors in subdivision 1 do not 
 48.14  exist, the court ~~shall~~ must order that the child be returned to 
 48.15  or remain with the parent.  An ex parte temporary custody order 
 48.16  under this subdivision is effective for a fixed period not to 
 48.17  exceed 14 days.  A temporary custody hearing under this chapter 
 48.18  must be set for not later than seven days after issuance of the 
 48.19  ex parte temporary custody order, except that if the ex parte 
 48.20  temporary custody order is based on the grounds under 
 48.21  subdivision 1, paragraph (b), clause (2), the temporary custody 
 48.22  hearing must be set for not later than 72 hours, excluding 
 48.23  Saturdays, Sundays, and holidays, after issuance of the order.  
 48.24  The parent must be promptly served with a copy of the ex parte 
 48.25  order and the petition and notice of the date for the hearing. 
 48.26     Sec. 17.  Minnesota Statutes 2000, section 518.158, 
 48.27  subdivision 4, is amended to read: 
 48.28     Subd. 4.  [RETURN TO PARENT.] If the court orders permanent 
 48.29  custody to a relative under this section, the court ~~shall~~ must 
 48.30  set conditions the parent must meet in order to obtain custody.  
 48.31  The court may notify the parent that the parent may request 
 48.32  assistance from the local social service agency in order to meet 
 48.33  the conditions set by the court. 
 48.34     Sec. 18.  Minnesota Statutes 2000, section 518.165, is 
 48.35  amended to read: 
 48.36     518.165 [GUARDIANS FOR MINOR CHILDREN.] 
 49.1      Subdivision 1.  [PERMISSIVE APPOINTMENT OF GUARDIAN AD 
 49.2   LITEM.] In all proceedings for child custody or for dissolution 
 49.3   or legal separation where custody or parenting time with a minor 
 49.4   child is in issue, the court may appoint a guardian ad litem 
 49.5   from a panel established by the court to represent the interests 
 49.6   of the child.  The guardian ad litem ~~shall~~ must advise the court 
 49.7   with respect to custody, support, and parenting time.  
 49.8      Subd. 2.  [REQUIRED APPOINTMENT OF GUARDIAN AD LITEM.] In 
 49.9   all proceedings for child custody or for marriage dissolution or 
 49.10  legal separation in which custody or parenting time with a minor 
 49.11  child is an issue, if the court has reason to believe that the 
 49.12  minor child is a victim of domestic child abuse or neglect, as 
 49.13  those terms are defined in sections 260C.007 and 626.556, 
 49.14  respectively, the court ~~shall~~ must appoint a guardian ad litem.  
 49.15  The guardian ad litem ~~shall~~ must represent the interests of the 
 49.16  child and advise the court with respect to custody, support, and 
 49.17  parenting time.  If the child is represented by a guardian ad 
 49.18  litem in any other pending proceeding, the court may appoint 
 49.19  that guardian to represent the child in the custody or parenting 
 49.20  time proceeding.  No guardian ad litem need be appointed if the 
 49.21  alleged domestic child abuse or neglect is before the court on a 
 49.22  juvenile dependency and neglect petition.  Nothing in this 
 49.23  subdivision requires the court to appoint a guardian ad litem in 
 49.24  any proceeding for child custody, marriage dissolution, or legal 
 49.25  separation in which an allegation of domestic child abuse or 
 49.26  neglect has not been made. 
 49.27     Subd. 2a.  [RESPONSIBILITIES OF GUARDIAN AD LITEM.] A 
 49.28  guardian ad litem ~~shall~~ must carry out the following 
 49.29  responsibilities: 
 49.30     (1) conduct an independent investigation to determine the 
 49.31  facts relevant to the situation of the child and the family, 
 49.32  which must include, unless specifically excluded by the court, 
 49.33  reviewing relevant documents; meeting with and observing the 
 49.34  child in the home setting and considering the child's wishes, as 
 49.35  appropriate; and interviewing parents, caregivers, and others 
 49.36  with knowledge relevant to the case; 
 50.1      (2) advocate for the child's best interests by 
 50.2   participating in appropriate aspects of the case and advocating 
 50.3   for appropriate community services when necessary; 
 50.4      (3) maintain the confidentiality of information related to 
 50.5   a case, with the exception of sharing information as permitted 
 50.6   by law to promote cooperative solutions that are in the best 
 50.7   interests of the child; 
 50.8      (4) monitor the child's best interests throughout the 
 50.9   judicial proceeding; and 
 50.10     (5) present written reports on the child's best interests 
 50.11  that include conclusions and recommendations and the facts upon 
 50.12  which they are based. 
 50.13     Subd. 3.  [FEES.] (a) A guardian ad litem appointed under 
 50.14  either subdivision 1 or 2 may be appointed either as a volunteer 
 50.15  or on a fee basis.  If a guardian ad litem is appointed on a fee 
 50.16  basis, the court ~~shall~~ must enter an order for costs, fees, and 
 50.17  disbursements in favor of the child's guardian ad litem.  The 
 50.18  order may be made against either or both parties, except that 
 50.19  any part of the costs, fees, or disbursements which the court 
 50.20  finds the parties are incapable of paying ~~shall~~ must be borne by 
 50.21  the state courts.  The costs of court-appointed counsel to the 
 50.22  guardian ad litem ~~shall~~ must be paid by the county in which the 
 50.23  proceeding is being held if a party is incapable of paying for 
 50.24  them.  Until the recommendations of the task force created in 
 50.25  Laws 1999, chapter 216, article 7, section 42, are implemented, 
 50.26  the costs of court-appointed counsel to a guardian ad litem in 
 50.27  the eighth judicial district ~~shall~~ must be paid by the state 
 50.28  courts if a party is incapable of paying for them.  In no event 
 50.29  may the court order that costs, fees, or disbursements be paid 
 50.30  by a party receiving public assistance or legal assistance or by 
 50.31  a party whose annual income falls below the poverty line as 
 50.32  established under United States Code, title 42, section 9902(2). 
 50.33     (b) In each fiscal year, the state treasurer ~~shall~~ must 
 50.34  deposit guardian ad litem reimbursements in the general fund and 
 50.35  credit them to a separate account with the trial courts.  The 
 50.36  balance of this account is appropriated to the trial courts and 
 51.1   does not cancel but is available until expended.  Expenditures 
 51.2   by the state court administrator's office from this account must 
 51.3   be based on the amount of the guardian ad litem reimbursements 
 51.4   received by the state from the courts in each judicial district. 
 51.5      Sec. 19.  Minnesota Statutes 2000, section 518.166, is 
 51.6   amended to read: 
 51.7      518.166 [INTERVIEWS.] 
 51.8      The court may interview the child in chambers to ascertain 
 51.9   the child's reasonable preference ~~as to custodian~~ regarding with 
 51.10  which parent the child would reside, if the court deems the 
 51.11  child to be of sufficient age to express preference.  The 
 51.12  court ~~shall~~ must permit counsel to be present at the interview 
 51.13  and ~~shall~~ must permit counsel to propound reasonable questions 
 51.14  to the child either directly or through the court.  The 
 51.15  court ~~shall~~ must cause a record of the interview to be made and 
 51.16  to be made part of the record in the case unless waived by the 
 51.17  parties. 
 51.18     In contested custody proceedings, and in other custody 
 51.19  proceedings if a parent or the child's custodian requests, the 
 51.20  court may seek the recommendations of professional personnel 
 51.21  whether or not they are employed on a regular basis by the 
 51.22  court.  The recommendations ~~given shall~~ must be in writing and 
 51.23  ~~shall~~ must be made available by the court to counsel upon 
 51.24  request.  Counsel may call for cross-examination of professional 
 51.25  personnel consulted by the court.  
 51.26     Sec. 20.  Minnesota Statutes 2000, section 518.167, 
 51.27  subdivision 3, is amended to read: 
 51.28     Subd. 3.  [AVAILABILITY TO COUNSEL.] The court ~~shall~~ must 
 51.29  mail the investigator's report to counsel and to any party not 
 51.30  represented by counsel at least ten days before the hearing.  
 51.31  The investigator ~~shall~~ must maintain and, upon request, make 
 51.32  available to counsel and to a party not represented by counsel 
 51.33  the investigator's file of underlying data and reports, complete 
 51.34  texts of diagnostic reports made to the investigator pursuant to 
 51.35  the provisions of subdivision 2, and the names and addresses of 
 51.36  all persons whom the investigator has consulted.  ~~The~~ 
 52.1   ~~investigator and any person the investigator has consulted is~~ 
 52.2   ~~subject to other pretrial discovery in accordance with the~~ 
 52.3   ~~requirements of the Minnesota Rules of Civil Procedure.~~ 
 52.4   ~~Mediation proceedings are not subject to discovery without~~ 
 52.5   ~~written consent of both parties.  A party to the proceeding may~~ 
 52.6   ~~call the investigator and any person whom the investigator has~~ 
 52.7   ~~consulted for cross-examination at the hearing.  A party may not~~ 
 52.8   ~~waive the right of cross-examination before the hearing.~~ 
 52.9      Sec. 21.  Minnesota Statutes 2000, section 518.167, 
 52.10  subdivision 4, is amended to read: 
 52.11     Subd. 4.  [~~USE AT~~ DISCOVERY; HEARING.] The investigator and 
 52.12  any person the investigator has consulted is subject to other 
 52.13  pretrial discovery in accordance with the requirements of the 
 52.14  Minnesota Rules of Civil Procedure.  Mediation proceedings are 
 52.15  not subject to discovery without written consent of both 
 52.16  parties.  A party to the proceeding may call the investigator 
 52.17  and any person whom the investigator has consulted for 
 52.18  cross-examination at the hearing.  A party may not waive the 
 52.19  right of cross-examination before the hearing.  The 
 52.20  investigator's report may be received in evidence at the hearing.
 52.21     Sec. 22.  Minnesota Statutes 2000, section 518.167, 
 52.22  subdivision 5, is amended to read: 
 52.23     Subd. 5.  [COSTS.] The court ~~shall~~ must order all or part 
 52.24  of the cost of the investigation and report to be paid by either 
 52.25  or both parties, based on their ability to pay.  Any part of the 
 52.26  cost that the court finds the parties are incapable of paying 
 52.27  must be borne by the ~~county welfare~~ local social services agency 
 52.28  or department of court services that performs the 
 52.29  investigation.  The court may not order costs under this 
 52.30  subdivision to be paid by a party receiving public assistance or 
 52.31  legal assistance from a qualified legal services program or by a 
 52.32  party whose annual income falls below the poverty line under 
 52.33  United States Code, title 42, section 9902(2). 
 52.34     Sec. 23.  Minnesota Statutes 2000, section 518.168, is 
 52.35  amended to read: 
 52.36     518.168 [HEARINGS.] 
 53.1      (a) Custody proceedings ~~shall~~ must receive priority in 
 53.2   being set for hearing. 
 53.3      (b) The court may tax as costs the payment of necessary 
 53.4   travel and other expenses incurred by a person whose presence at 
 53.5   the hearing the court deems necessary to determine the best 
 53.6   interests of the child. 
 53.7      (c) The court without a jury ~~shall~~ must determine questions 
 53.8   of law and fact.  If it finds that a public hearing may be 
 53.9   detrimental to the child's best interests, the court may exclude 
 53.10  the public from a custody hearing, but may admit any person who 
 53.11  has a direct interest in the particular case. 
 53.12     (d) If the court finds it necessary for the protection of 
 53.13  the child's welfare that the record of an interview, report, 
 53.14  investigation, or testimony in a custody proceeding not be ~~kept~~ 
 53.15  ~~secret~~ disclosed, the court may make an appropriate order 
 53.16  sealing the record. 
 53.17     Sec. 24.  Minnesota Statutes 2000, section 518.1705, 
 53.18  subdivision 6, is amended to read: 
 53.19     Subd. 6.  [RESTRICTIONS ON PREPARATION AND CONTENT OF 
 53.20  PARENTING PLAN.] (a) Dispute resolution processes other than the 
 53.21  judicial process may not be required in the preparation of a 
 53.22  parenting plan if a parent is alleged to have committed domestic 
 53.23  abuse toward a parent or child who is a party to, or subject of, 
 53.24  the matter before the court.  In these cases, the court ~~shall~~ 
 53.25  must consider the appointment of a guardian ad litem and a 
 53.26  parenting plan evaluator.  
 53.27     (b) The court may not require a parenting plan that 
 53.28  provides for joint legal custody or use of dispute resolution 
 53.29  processes, other than the judicial process~~,~~ if the court finds 
 53.30  that section 518.179 applies, or the court finds that either 
 53.31  parent has engaged in the following toward a parent or child who 
 53.32  is a party to, or subject of, the matter before the court: 
 53.33     (1) acts of domestic abuse, including physical harm, bodily 
 53.34  injury, and infliction of fear of physical harm, assault, 
 53.35  terroristic threats, or criminal sexual conduct; 
 53.36     (2) physical, sexual, or a pattern of emotional abuse of a 
 54.1   child; or 
 54.2      (3) willful abandonment that continues for an extended 
 54.3   period of time or substantial refusal to perform parenting 
 54.4   functions. 
 54.5      Sec. 25.  Minnesota Statutes 2001 Supplement, section 
 54.6   518.175, is amended to read: 
 54.7      518.175 [PARENTING TIME.] 
 54.8      Subdivision 1.  [GENERAL.] (a) In all proceedings for 
 54.9   dissolution or legal separation, subsequent to the commencement 
 54.10  of the proceeding and continuing thereafter during the minority 
 54.11  of the child, the court ~~shall~~ must, upon the request of either 
 54.12  parent, grant ~~such~~ parenting time on behalf of the child and a 
 54.13  parent ~~as~~ that will enable the child and the parent to maintain 
 54.14  a child to parent relationship that will be in the best 
 54.15  interests of the child. 
 54.16     If the court finds, after a hearing, that parenting time 
 54.17  with a parent is likely to endanger the child's physical or 
 54.18  emotional health or impair the child's emotional development, 
 54.19  the court ~~shall~~ must restrict parenting time with that parent as 
 54.20  to time, place, duration, or supervision and may deny parenting 
 54.21  time entirely, as the circumstances warrant.  The court ~~shall~~ 
 54.22  must consider the age of the child and the child's relationship 
 54.23  with the parent ~~prior to~~ before the commencement of the 
 54.24  proceeding. 
 54.25     A parent's failure to pay support because of the parent's 
 54.26  inability to do so ~~shall~~ is not ~~be~~ sufficient cause for denial 
 54.27  of parenting time. 
 54.28     (b) The court may provide that a law enforcement officer or 
 54.29  other appropriate person will accompany a party seeking to 
 54.30  enforce or comply with parenting time. 
 54.31     (c) Upon request of either party, to the extent practicable 
 54.32  an order for parenting time must include a specific schedule for 
 54.33  parenting time, including the frequency and duration of 
 54.34  visitation and visitation during holidays and vacations, unless 
 54.35  parenting time is restricted, denied, or reserved. 
 54.36     (d) The court administrator ~~shall~~ must provide a form for a 
 55.1   pro se motion regarding parenting time disputes, which ~~includes~~ 
 55.2   must include provisions for indicating the relief requested, an 
 55.3   affidavit in which the party may state the facts of the dispute, 
 55.4   and a brief description of the parenting time expeditor process 
 55.5   under section 518.1751.  The form may not include a request for 
 55.6   a change of custody.  The court ~~shall~~ must provide instructions 
 55.7   on serving and filing the motion. 
 55.8      Subd. 1a.  [DOMESTIC ABUSE; SUPERVISED PARENTING TIME.] (a) 
 55.9   If a parent requests supervised parenting time under subdivision 
 55.10  1 or 5 and an order for protection under chapter 518B or a 
 55.11  similar law of another state is in effect against the other 
 55.12  parent to protect the child or the parent with whom the child 
 55.13  resides ~~or the child~~, the judge or judicial officer must 
 55.14  consider the order for protection in making a decision regarding 
 55.15  parenting time. 
 55.16     (b) The state court administrator, in consultation with 
 55.17  representatives of parents and other interested persons, ~~shall~~ 
 55.18  must develop standards to be met by persons who are responsible 
 55.19  for supervising parenting time.  Either parent may challenge the 
 55.20  appropriateness of an individual chosen by the court to 
 55.21  supervise parenting time. 
 55.22     Subd. 2.  [RIGHTS OF CHILDREN AND PARENTS.] Upon the 
 55.23  request of either parent, the court may inform any child of the 
 55.24  parties, if eight years of age or older, or otherwise of an age 
 55.25  of suitable comprehension, of the rights of the child and each 
 55.26  parent under the order or decree or any substantial amendment 
 55.27  ~~thereof~~ of it.  The parent with whom the child resides ~~shall~~ 
 55.28  must present the child for parenting time with the other parent, 
 55.29  at ~~such~~ the times ~~as~~ the court directs. 
 55.30     Subd. 3.  [MOVE TO ANOTHER STATE.] The parent with whom the 
 55.31  child resides ~~shall~~ must not move the child's residence ~~of the~~ 
 55.32  ~~child~~ to another state except upon order of the court or with 
 55.33  the consent of the other parent, if the other parent has been 
 55.34  given parenting time by the decree.  If the purpose of the move 
 55.35  is to interfere with parenting time given to the other parent by 
 55.36  the decree, the court ~~shall~~ must not permit the child's 
 56.1   residence to be moved to another state. 
 56.2      Subd. 5.  [MODIFICATION OF PARENTING PLAN OR ORDER FOR 
 56.3   PARENTING TIME.] (a) If modification would serve the best 
 56.4   interests of the child, the court ~~shall~~ must modify the 
 56.5   decision-making provisions of a parenting plan or an order 
 56.6   granting or denying parenting time, if the modification would 
 56.7   not change the child's primary residence.  Except as provided in 
 56.8   section 631.52, the court may not restrict parenting time unless 
 56.9   it finds that:  
 56.10     (1) parenting time is likely to endanger the child's 
 56.11  physical or emotional health or impair the child's emotional 
 56.12  development; or 
 56.13     (2) the parent has chronically and unreasonably failed to 
 56.14  comply with court-ordered parenting time. 
 56.15     (b) If a parent makes specific allegations that parenting 
 56.16  time by the other parent places the parent or child in danger of 
 56.17  harm, the court ~~shall~~ must hold a hearing at the earliest 
 56.18  possible time to determine the need to modify the order granting 
 56.19  parenting time.  Consistent with subdivision 1a, the court may 
 56.20  require a third party, including the local social services 
 56.21  agency, to supervise the parenting time or may restrict a 
 56.22  parent's parenting time if necessary to protect the other parent 
 56.23  or child from harm.  If there is an existing order for 
 56.24  protection governing the parties, the court ~~shall~~ must consider 
 56.25  the use of an independent, neutral exchange location for 
 56.26  parenting time. 
 56.27     Subd. 6.  [REMEDIES.] (a) The court may provide for one or 
 56.28  more of the following remedies for denial of or interference 
 56.29  with court-ordered parenting time as provided under this 
 56.30  subdivision.  All parenting time orders must include notice of 
 56.31  the provisions of this subdivision. 
 56.32     (b) If the court finds that a ~~person~~ parent has been 
 56.33  deprived of court-ordered parenting time, the court ~~shall~~ must 
 56.34  order the parent who has interfered to allow compensatory 
 56.35  parenting time to the other parent or the court ~~shall~~ must make 
 56.36  specific findings as to why a request for compensatory parenting 
 57.1   time is denied.  If compensatory parenting time is awarded, 
 57.2   additional parenting time must be: 
 57.3      (1) at least of the same type and duration as the deprived 
 57.4   parenting time and, at the discretion of the court, may be in 
 57.5   excess of or of a different type than the deprived parenting 
 57.6   time; 
 57.7      (2) taken within one year after the deprived parenting 
 57.8   time; and 
 57.9      (3) at a time acceptable to the parent deprived of 
 57.10  parenting time. 
 57.11     (c) If the court finds that a party has wrongfully failed 
 57.12  to comply with a parenting time order or a binding agreement or 
 57.13  decision under section 518.1751, the court may: 
 57.14     (1) impose a civil penalty of up to $500 on the party; 
 57.15     (2) require the party to post a bond with the court for a 
 57.16  specified period of time to secure the party's compliance; 
 57.17     (3) award reasonable attorney's fees and costs; 
 57.18     (4) require the party who violated the parenting time order 
 57.19  or binding agreement or decision of the parenting time expeditor 
 57.20  to reimburse the other party for costs incurred as a result of 
 57.21  the violation of the order ~~or~~, agreement, or decision; or 
 57.22     (5) award any other remedy that the court finds to be in 
 57.23  the best interests of the children involved. 
 57.24     A civil penalty imposed under this paragraph must be 
 57.25  deposited in the county general fund and must be used to fund 
 57.26  the costs of a parenting time expeditor program in a county with 
 57.27  this program.  In other counties, the civil penalty must be 
 57.28  deposited in the state general fund. 
 57.29     (d) If the court finds that a party has been denied 
 57.30  parenting time and has incurred expenses in connection with the 
 57.31  denied parenting time, the court may require the party who 
 57.32  denied parenting time to post a bond in favor of the other party 
 57.33  in the amount of prepaid expenses associated with upcoming 
 57.34  planned parenting time. 
 57.35     (e) Proof of an unwarranted denial of or interference with 
 57.36  duly established parenting time may constitute contempt of court 
 58.1   and may be sufficient cause for reversal of custody. 
 58.2      Subd. 7a.  [GRANDPARENT VISITATION.] During a proceeding 
 58.3   for dissolution or legal separation, or at any time after 
 58.4   completion of the proceedings, and continuing during the child's 
 58.5   minority, the court may make an order granting visitation rights 
 58.6   to grandparents and other individuals as provided by section 
 58.7   257.022, subdivision 2. 
 58.8      Subd. 8.  [ADDITIONAL PARENTING TIME FOR CHILD CARE 
 58.9   ~~PARENT~~.] The court may allow additional parenting time to a 
 58.10  parent to provide child care while the other parent is working 
 58.11  if this arrangement is reasonable and in the best interests of 
 58.12  the child, as defined in section 518.17, subdivision 1.  In 
 58.13  addition, the court ~~shall~~ must consider: 
 58.14     (1) the ability of the parents to cooperate; 
 58.15     (2) methods for resolving disputes regarding the care of 
 58.16  the child, and the parents' willingness to use those methods; 
 58.17  and 
 58.18     (3) whether domestic abuse, as defined in section 518B.01, 
 58.19  has occurred between the parties. 
 58.20     Sec. 26.  Minnesota Statutes 2001 Supplement, section 
 58.21  518.1751, subdivision 1b, is amended to read: 
 58.22     Subd. 1b.  [PURPOSE; DEFINITIONS.] (a) The purpose of a 
 58.23  parenting time expeditor is to resolve parenting time disputes 
 58.24  by enforcing, interpreting, clarifying, and addressing 
 58.25  circumstances not specifically addressed by an existing 
 58.26  parenting time order and, if appropriate, to make a 
 58.27  determination as to whether the existing parenting time order 
 58.28  has been violated.  A parenting time expeditor may be appointed 
 58.29  to resolve a one-time parenting time dispute or to provide 
 58.30  ongoing parenting time dispute resolution services. 
 58.31     (b) For purposes of this section, "parenting time dispute" 
 58.32  means a disagreement among parties about parenting time with a 
 58.33  child, including a dispute about an anticipated denial of future 
 58.34  scheduled parenting time.  "Parenting time dispute" includes a 
 58.35  claim by a parent that the other parent is not spending time 
 58.36  with a child as well as a claim by a parent that the other 
 59.1   parent is denying or interfering with parenting time. 
 59.2      (c) A "parenting time expeditor" is a neutral person 
 59.3   authorized to use a mediation-arbitration process to resolve 
 59.4   parenting time disputes.  A parenting time expeditor ~~shall~~ must 
 59.5   attempt to resolve a parenting time dispute by facilitating 
 59.6   negotiations between the parties to promote settlement ~~and,~~.  If 
 59.7   it becomes apparent that the dispute cannot be resolved by an 
 59.8   agreement of the parties, the parenting time expeditor ~~shall~~ 
 59.9   must make a decision resolving the dispute. 
 59.10     Sec. 27.  Minnesota Statutes 2000, section 518.1751, 
 59.11  subdivision 2, is amended to read: 
 59.12     Subd. 2.  [APPOINTMENT.] (a) The parties may stipulate to 
 59.13  the appointment of a parenting time expeditor or a team of two 
 59.14  expeditors without appearing in court by submitting to the court 
 59.15  a written agreement identifying the names of the individuals to 
 59.16  be appointed by the court; the nature of the dispute; the 
 59.17  responsibilities of the parenting time expeditor, including 
 59.18  whether the expeditor is appointed to resolve a specific issue 
 59.19  or on an ongoing basis; the term of the appointment; and the 
 59.20  apportionment of fees and costs.  The court ~~shall~~ must review 
 59.21  the agreement of the parties.  
 59.22     (b) If the parties cannot agree on a parenting time 
 59.23  expeditor, the court ~~shall~~ must provide ~~to the parties~~ them with 
 59.24  a copy of the court administrator's roster of parenting time 
 59.25  expeditors and require the parties to exchange the names of 
 59.26  three potential parenting time expeditors by a specific date.  
 59.27  If after exchanging names the parties are unable to agree upon a 
 59.28  parenting time expeditor, the court ~~shall~~ must select the 
 59.29  ~~parenting time~~ expeditor and, in its discretion, may appoint one 
 59.30  expeditor or a team of two ~~expeditors~~.  In the selection process 
 59.31  the court must give consideration to the financial circumstances 
 59.32  of the parties and the fees of those being considered 
 59.33  as ~~parenting time~~ expeditors.  Preference must be given to 
 59.34  persons who agree to volunteer their services or who will charge 
 59.35  a variable fee for services based on the ability of the parties 
 59.36  to pay for them. 
 60.1      (c) An order appointing a parenting time expeditor must 
 60.2   identify the name of the individual to be appointed, the nature 
 60.3   of the dispute, the responsibilities of the expeditor including 
 60.4   whether the expeditor is appointed to resolve a specific issue 
 60.5   or on an ongoing basis, the term of the appointment, the 
 60.6   apportionment of fees, and notice that if the parties are unable 
 60.7   to reach an agreement with the expeditor's assistance ~~of the~~ 
 60.8   ~~expeditor~~, the expeditor is authorized to make a decision 
 60.9   resolving the dispute which is binding upon the parties unless 
 60.10  modified or vacated by the court.  
 60.11     Sec. 28.  Minnesota Statutes 2000, section 518.1751, 
 60.12  subdivision 2a, is amended to read: 
 60.13     Subd. 2a.  [FEES.] ~~Prior to~~ Before appointing the parenting 
 60.14  time expeditor, the court ~~shall~~ must give the parties notice 
 60.15  that the expeditor's fees ~~of the expeditor~~ will be apportioned 
 60.16  among the parties.  In its order appointing the expeditor, the 
 60.17  court ~~shall~~ must apportion the expeditor's fees ~~of the expeditor~~ 
 60.18  among the parties, with each party bearing the portion of fees 
 60.19  that the court determines is just and equitable under the 
 60.20  circumstances.  If a party files a pro se motion regarding a 
 60.21  parenting time dispute and there is not ~~a~~ an existing court 
 60.22  order ~~that provides for apportionment of~~ apportioning the fees 
 60.23  of an expeditor, the court administrator may require the party 
 60.24  requesting ~~the~~ appointment of an expeditor to pay the 
 60.25  expeditor's fees ~~of the expeditor~~ in advance.  Neither party may 
 60.26  be required to submit a dispute to ~~a visitation~~ an expeditor if 
 60.27  the party cannot afford to pay ~~for~~ the fees ~~of an expeditor~~ and 
 60.28  an affordable expeditor is not available, unless the other party 
 60.29  agrees to pay the fees.  After fees are incurred, a party may by 
 60.30  motion request that the fees be reapportioned on equitable 
 60.31  grounds.  The court may consider the resources of the parties, 
 60.32  the nature of the dispute, and whether a party acted in bad 
 60.33  faith.  The court may consider information from the expeditor in 
 60.34  determining bad faith.  
 60.35     Sec. 29.  Minnesota Statutes 2000, section 518.1751, 
 60.36  subdivision 2b, is amended to read: 
 61.1      Subd. 2b.  [ROSTER OF PARENTING TIME EXPEDITORS.] ~~Each~~ The 
 61.2   court administrator ~~shall~~ must maintain and make available 
 61.3   to judicial officers and the public ~~and judicial officers~~ a 
 61.4   roster of individuals available to serve as parenting time 
 61.5   expeditors~~, including~~.  The roster must include each 
 61.6   individual's name, address, telephone number, and fee charged, 
 61.7   if any.  A court administrator ~~shall~~ must not place on the 
 61.8   roster the name of an individual who has not completed the 
 61.9   training required in subdivision 2c.  If the use of ~~a parenting~~ 
 61.10  ~~time~~ an expeditor is initiated by stipulation of the parties, 
 61.11  the parties may agree upon a person to serve as an expeditor 
 61.12  even if that person has not completed the training described in 
 61.13  subdivision 2c.  The court may appoint ~~a person to serve~~ as an 
 61.14  expeditor ~~even if the~~ a person who is not on the court 
 61.15  administrator's roster, but may not appoint a person who has not 
 61.16  completed the training described in subdivision 2c, unless so 
 61.17  stipulated by the parties.  To maintain one's listing on a court 
 61.18  administrator's roster of parenting time expeditors, an 
 61.19  individual ~~shall~~ must annually submit to the court administrator 
 61.20  proof of completion of continuing education requirements.  
 61.21     Sec. 30.  Minnesota Statutes 2000, section 518.1751, 
 61.22  subdivision 2c, is amended to read: 
 61.23     Subd. 2c.  [TRAINING AND CONTINUING EDUCATION 
 61.24  REQUIREMENTS.] To qualify for listing on a court administrator's 
 61.25  roster of parenting time expeditors, an individual ~~shall~~ must 
 61.26  complete a minimum of 40 hours of family mediation training that 
 61.27  has been certified by the Minnesota supreme court~~, which~~.  The 
 61.28  training must include certified training in domestic abuse 
 61.29  issues as required under Rule 114 of the Minnesota General Rules 
 61.30  of Practice for the District Courts.  To ~~maintain one's listing~~ 
 61.31  remain listed on a court administrator's roster of parenting 
 61.32  time expeditors, an individual ~~shall~~ must annually attend three 
 61.33  hours of continuing education about alternative dispute 
 61.34  resolution subjects.  
 61.35     Sec. 31.  Minnesota Statutes 2000, section 518.1751, 
 61.36  subdivision 3, is amended to read: 
 62.1      Subd. 3.  [AGREEMENT OR DECISION.] (a) Within five days of 
 62.2   notice of the appointment, or within five days of notice of a 
 62.3   subsequent parenting time dispute between the same parties, the 
 62.4   parenting time expeditor ~~shall~~ must meet with the parties 
 62.5   together or separately and ~~shall~~ make a diligent effort to 
 62.6   facilitate an agreement to resolve the dispute.  If a parenting 
 62.7   time dispute requires immediate resolution, the ~~parenting time~~ 
 62.8   expeditor may confer with the parties through a telephone 
 62.9   conference or similar means.  An expeditor may make a decision 
 62.10  without conferring with a party if the expeditor made a good 
 62.11  faith effort to confer with the party, but the party chose not 
 62.12  to participate in resolution of the dispute. 
 62.13     (b) If the parties do not reach an agreement, the expeditor 
 62.14  ~~shall~~ must make a decision resolving the dispute as soon as 
 62.15  possible, but not later than five days after receiving all 
 62.16  information necessary to make a decision and after the final 
 62.17  meeting or conference with the parties.  The expeditor is 
 62.18  authorized to award compensatory parenting time under section 
 62.19  518.175, subdivision 6, and may recommend to the court that the 
 62.20  noncomplying party pay attorney's fees, court costs, and other 
 62.21  costs under section 518.175, subdivision 6, paragraph (d), if 
 62.22  the parenting time order has been violated.  The expeditor ~~shall~~ 
 62.23  ~~not lose~~ retains the authority to make a decision if 
 62.24  circumstances beyond the expeditor's control make it 
 62.25  impracticable to meet the five-day timelines. 
 62.26     (c) Unless the parties mutually agree, the parenting time 
 62.27  expeditor ~~shall~~ must not make a decision that is inconsistent 
 62.28  with an existing parenting time order, but may make decisions 
 62.29  interpreting or clarifying a parenting time order, including the 
 62.30  development of a specific schedule when the existing court order 
 62.31  grants "reasonable parenting time."  
 62.32     (d) The expeditor ~~shall~~ must put an agreement or decision 
 62.33  in writing and provide a copy to the parties.  The expeditor may 
 62.34  include or omit reasons for the agreement or decision.  An 
 62.35  agreement of the parties or a decision of the expeditor is 
 62.36  binding on the parties unless vacated or modified by the court.  
 63.1   If a party does not comply with an agreement of the parties or a 
 63.2   decision of the expeditor, any party may bring a motion with the 
 63.3   court and ~~shall~~ must attach a copy of the parties' written 
 63.4   agreement or the decision of the expeditor.  The court may 
 63.5   enforce, modify, or vacate the agreement of the parties or the 
 63.6   decision of the expeditor. 
 63.7      Sec. 32.  Minnesota Statutes 2000, section 518.176, as 
 63.8   amended by Laws 2001, chapter 51, section 10, is amended to read:
 63.9      518.176 [JUDICIAL SUPERVISION.] 
 63.10     ~~Subdivision 1.  [LIMITS ON PARENT'S AUTHORITY; HEARING.]~~ 
 63.11  ~~Except as otherwise agreed by the parties in writing at the time~~ 
 63.12  ~~of the custody order,~~ (a) The parent with whom the child resides 
 63.13  may determine the child's upbringing, including education, 
 63.14  health care, and religious training, unless: 
 63.15     (1) otherwise agreed by the parties in writing at the time 
 63.16  of the custody order; or 
 63.17     (2) upon motion by the other parent, the court after 
 63.18  hearing~~,~~ finds~~, upon motion by the other parent,~~ that in the 
 63.19  absence of a specific limitation of the authority of the parent 
 63.20  with whom the child resides, the child's physical or emotional 
 63.21  health is likely to be endangered or the child's emotional 
 63.22  development impaired. 
 63.23     ~~Subd. 2.~~ (b) If both parents or all contestants agree to 
 63.24  the order, or if the court finds that in the absence of the 
 63.25  order the child's physical or emotional health is likely to be 
 63.26  endangered or the child's emotional development impaired, the 
 63.27  court may order the local social services agency or the 
 63.28  department of court services to exercise continuing supervision 
 63.29  over the case under guidelines established by the court to 
 63.30  assure that the custodial or parenting time terms of the decree 
 63.31  are carried out. 
 63.32     Sec. 33.  Minnesota Statutes 2000, section 518.177, is 
 63.33  amended to read: 
 63.34     518.177 [NOTIFICATION REGARDING DEPRIVATION OF PARENTAL 
 63.35  RIGHTS LAW.] 
 63.36     ~~Every~~ A court order and judgment and decree concerning 
 64.1   custody of or parenting time or visitation with a minor child 
 64.2   ~~shall~~ must contain the notice set out in section 518.68, 
 64.3   subdivision 2.  
 64.4      Sec. 34.  Minnesota Statutes 2000, section 518.178, is 
 64.5   amended to read: 
 64.6      518.178 [PARENTING TIME AND SUPPORT REVIEW HEARING.] 
 64.7      Upon motion of either party, the court ~~shall~~ must conduct a 
 64.8   hearing to review compliance with the parenting time and child 
 64.9   support provisions ~~set forth~~ in a decree of dissolution or legal 
 64.10  separation or an order that establishes child custody, parenting 
 64.11  time, and support rights and obligations of parents.  The state 
 64.12  court administrator ~~shall~~ must prepare, and each court 
 64.13  administrator ~~shall~~ must make available, simplified pro se forms 
 64.14  for reviewing parenting time and child support disputes.  The 
 64.15  court may impose any parenting time enforcement remedy available 
 64.16  under sections 518.175 and 518.1751, and any support enforcement 
 64.17  remedy available under section 518.551. 
 64.18     Sec. 35.  Minnesota Statutes 2000, section 518.179, 
 64.19  subdivision 1, is amended to read: 
 64.20     Subdivision 1.  [SEEKING CUSTODY OR PARENTING TIME.] (a) 
 64.21  Notwithstanding any contrary provision in section 518.17 or 
 64.22  518.175, ~~if~~ a person seeking child custody or parenting time who 
 64.23  has been convicted of a crime described in subdivision 2~~, the~~ 
 64.24  ~~person seeking custody or parenting time~~ has the burden to prove 
 64.25  that custody or parenting time by that person is in the best 
 64.26  interests of the child if: 
 64.27     (1) the conviction occurred within the preceding five 
 64.28  years; 
 64.29     (2) the person is currently incarcerated, on probation, or 
 64.30  under supervised release for the offense; or 
 64.31     (3) the victim of the crime was a family or household 
 64.32  member as defined in section 518B.01, subdivision 2.  
 64.33     (b) If this section applies, the court may not grant 
 64.34  custody or parenting time to the person unless it finds that the 
 64.35  custody or parenting time is in the best interests of the 
 64.36  child.  If the victim of the crime was a family or household 
 65.1   member, the standard of proof is clear and convincing evidence.  
 65.2   A guardian ad litem must be appointed in any case where this 
 65.3   section applies. 
 65.4      Sec. 36.  Minnesota Statutes 2001 Supplement, section 
 65.5   518.18, is amended to read: 
 65.6      518.18 [MODIFICATION OF ORDER.] 
 65.7      (a) Unless agreed to in writing by the parties, no motion 
 65.8   to modify a custody order or parenting plan may be made earlier 
 65.9   than one year after the date of the entry of a decree of 
 65.10  dissolution or legal separation containing a provision dealing 
 65.11  with custody, except in accordance with paragraph (c). 
 65.12     (b) If a motion for modification has been heard, whether or 
 65.13  not it was granted, ~~unless agreed to in writing by the parties~~ 
 65.14  no subsequent motion may be filed within two years after 
 65.15  disposition of the prior motion on its merits, except: 
 65.16     (1) if otherwise agreed to in writing by the parties; or 
 65.17     (2) in accordance with paragraph (c). 
 65.18     (c) The time limitations prescribed in paragraphs (a) and 
 65.19  (b) ~~shall~~ do not prohibit a motion to modify a custody order or 
 65.20  parenting plan if the court finds that there is persistent and 
 65.21  willful denial or interference with parenting time, or has 
 65.22  reason to believe that the child's present environment may 
 65.23  endanger the child's physical or emotional health or impair the 
 65.24  child's emotional development. 
 65.25     (d) ~~If the~~ A court that has jurisdiction to determine child 
 65.26  custody matters~~, the court shall~~ must not modify a prior custody 
 65.27  order or a parenting plan provision ~~which~~ that specifies the 
 65.28  child's primary residence unless it finds~~, upon the basis of~~ 
 65.29  ~~facts, including unwarranted denial of, or interference with, a~~ 
 65.30  ~~duly established parenting time schedule, that have arisen since~~ 
 65.31  ~~the prior order or that were unknown to the court at the time of~~ 
 65.32  ~~the prior order,~~ that a change has occurred in the circumstances 
 65.33  of the child or the parties and that the modification is 
 65.34  necessary to serve the best interests of the child.  The court 
 65.35  must make its findings upon the basis of facts, including 
 65.36  unwarranted denial of, or interference with, a duly established 
 66.1   parenting time schedule, that have arisen since the prior order 
 66.2   or that were unknown to the court at the time of the prior 
 66.3   order.  In applying these standards the court ~~shall~~ must retain 
 66.4   the custody arrangement or the parenting plan provision 
 66.5   specifying the child's primary residence that was established by 
 66.6   the prior order unless: 
 66.7      ~~(i)~~ (1) the court finds that a change in the custody 
 66.8   arrangement or primary residence is in the best interests of the 
 66.9   child and the parties previously agreed, in a writing approved 
 66.10  by a court, to apply the best interests standard in section 
 66.11  518.17 or 257.025, as applicable; and, with respect to 
 66.12  agreements approved by a court on or after April 28, 2000, both 
 66.13  parties were represented by counsel when the agreement was 
 66.14  approved or the court found the parties were fully informed, the 
 66.15  agreement was voluntary, and the parties were aware of its 
 66.16  implications; 
 66.17     ~~(ii)~~ (2) both parties agree to the modification; 
 66.18     ~~(iii)~~ (3) the child has been integrated into the family of 
 66.19  the petitioner with the consent of the other party; or 
 66.20     ~~(iv)~~ (4) the child's present environment endangers the 
 66.21  child's physical or emotional health or impairs the child's 
 66.22  emotional development and the harm likely to be caused by a 
 66.23  change of environment is outweighed by the advantage of a change 
 66.24  to the child.  
 66.25     ~~In addition,~~ (e) A court may modify a custody order or 
 66.26  parenting plan under section 631.52.  
 66.27     ~~(e)~~ (f) In deciding whether to modify a prior joint custody 
 66.28  order, the court ~~shall~~ must apply the standards set forth in 
 66.29  paragraph (d) unless: 
 66.30     (1) the parties agree in writing to the application of a 
 66.31  different standard~~,~~; or 
 66.32     (2) the party seeking the modification is asking the court 
 66.33  for permission to move the residence of the child to another 
 66.34  state. 
 66.35     ~~(f) If a parent has been granted sole physical custody of a~~ 
 66.36  ~~minor and the child subsequently lives with the other parent,~~ 
 67.1   ~~and temporary sole physical custody has been approved by the~~ 
 67.2   ~~court or by a court-appointed referee,~~ 
 67.3      (g) The court may suspend the obligor's child support 
 67.4   obligation pending ~~the~~ a final custody determination if: 
 67.5      (1) the obligee has been granted sole physical custody of a 
 67.6   child; 
 67.7      (2) the child subsequently lives with the obligor; and 
 67.8      (3) a temporary sole custody order has been approved by the 
 67.9   court or a court-approved referee.  
 67.10  ~~The court's~~ A court order denying the suspension of child 
 67.11  support under this paragraph must include a written explanation 
 67.12  of the reasons why continuation of the child support obligation 
 67.13  would be in the best interests of the child. 
 67.14     (h) A party seeking modification of a custody order must 
 67.15  submit with moving papers an affidavit setting forth facts 
 67.16  supporting the requested modification.  The party must give 
 67.17  notice and a copy of the affidavit to other parties to the 
 67.18  proceeding, who may file opposing affidavits. 
 67.19     Sec. 37.  Minnesota Statutes 2001 Supplement, section 
 67.20  518.612, is amended to read: 
 67.21     518.612 [INDEPENDENCE OF PROVISIONS OF DECREE OR TEMPORARY 
 67.22  ORDER.] 
 67.23     ~~Failure by a party to make support payments is not a~~ 
 67.24  ~~defense to:~~  
 67.25     ~~(1) interference with parenting time; or~~ 
 67.26     ~~(2) without the permission of the court or the other~~ 
 67.27  ~~parent, removing a child from this state.~~ 
 67.28     ~~Interference with parenting time or taking a child from~~ 
 67.29  ~~this state without permission of the court or the other parent~~ 
 67.30  ~~is not a defense to nonpayment of support.  If a party fails to~~ 
 67.31  ~~make support payments, interferes with parenting time, or~~ 
 67.32  ~~removes a child from the state without permission of the court~~ 
 67.33  ~~or the other parent, the other party may petition the court for~~ 
 67.34  ~~an appropriate order.~~  
 67.35     (a) An obligor may not assert as a defense to failure to 
 67.36  pay child support that the obligee interfered with parenting 
 68.1   time or removed the child from the state without permission of 
 68.2   the obligor or the court. 
 68.3      (b) An obligee may not assert as a defense to interference 
 68.4   with parenting time or removing the child from the state without 
 68.5   permission of the obligor or the court, that the obligor failed 
 68.6   to pay child support. 
 68.7      (c) A party may petition the court for an appropriate order 
 68.8   if the other party: 
 68.9      (1) fails to make support payments; 
 68.10     (2) interferes with parenting time; or 
 68.11     (3) removes a child from this state without permission of 
 68.12  the court or the other parent. 
 68.13     Sec. 38.  Minnesota Statutes 2000, section 518.619, is 
 68.14  amended to read: 
 68.15     518.619 [CUSTODY OR ~~VISITATION~~ PARENTING TIME; MEDIATION 
 68.16  SERVICES.] 
 68.17     Subdivision 1.  [MEDIATION PROCEEDING.] Except as provided 
 68.18  in subdivision 2, if it appears on the face of the petition or 
 68.19  other application for an order or modification of an order for 
 68.20  ~~the~~ child custody ~~of a child~~ that custody or parenting time is 
 68.21  contested, or that any issue pertinent to a custody or parenting 
 68.22  time determination, including parenting time rights, is 
 68.23  unresolved, the matter may be set for mediation of the contested 
 68.24  issue ~~prior to~~ before, concurrent with, or ~~subsequent to the~~ 
 68.25  after setting ~~of~~ the matter for hearing.  The purpose of the 
 68.26  mediation proceeding is to reduce acrimony ~~which~~ that may exist 
 68.27  between the parties and to develop an agreement that is 
 68.28  supportive of the child's best interests.  The mediator ~~shall~~ 
 68.29  must use best efforts to effect a settlement of the custody or 
 68.30  parenting time dispute, but ~~shall have~~ has no coercive authority.
 68.31     Subd. 2.  [EXCEPTION.] If the court determines that there 
 68.32  is probable cause that one of the parties, or a child of a 
 68.33  party, has been physically or sexually abused by ~~the other~~ a 
 68.34  party, the court ~~shall~~ must not require or refer the parties to 
 68.35  mediation or any other process that requires parties to meet and 
 68.36  confer without counsel, if any, present. 
 69.1      Subd. 3.  [MEDIATOR APPOINTMENT.] In order to participate 
 69.2   in a custody mediation, a mediator must be appointed by the 
 69.3   family court.  A mediator must be a member of the professional 
 69.4   staff of a family court, probation department, mental health 
 69.5   services agency, or a private mediation service.  The mediator 
 69.6   must be on a list of mediators approved by the court having 
 69.7   jurisdiction of the matter, unless the parties stipulate to a 
 69.8   mediator not on the list.  
 69.9      Subd. 4.  [MEDIATOR QUALIFICATIONS.] A mediator who 
 69.10  performs mediation in contested child custody matters ~~shall~~ must 
 69.11  meet the following minimum qualifications: 
 69.12     ~~(a)~~ (1) knowledge of the court system and the procedures 
 69.13  used in contested child custody matters; 
 69.14     ~~(b)~~ (2) knowledge of other resources in the community to 
 69.15  which the parties to contested child custody matters can be 
 69.16  referred for assistance; 
 69.17     ~~(c)~~ (3) knowledge of child development, clinical issues 
 69.18  relating to children, the effects of marriage dissolution on 
 69.19  children, and child custody research; and 
 69.20     ~~(d)~~ (4) a minimum of 40 hours of certified mediation 
 69.21  training. 
 69.22     Subd. 5.  [RECORDS; PRIVATE DATA.] Mediation proceedings 
 69.23  ~~shall~~ must be conducted in private.  All records of a mediation 
 69.24  proceeding ~~shall be~~ are private and not available as evidence in 
 69.25  an action for marriage dissolution and related proceedings on 
 69.26  any issue in controversy in the dissolution.  
 69.27     Subd. 6.  [MEDIATOR RECOMMENDATIONS.] When the parties have 
 69.28  not reached agreement as a result of the mediation proceeding, 
 69.29  the mediator may recommend to the court that an investigation be 
 69.30  conducted under section 518.167, or that other action be taken 
 69.31  to assist the parties to resolve the controversy before hearing 
 69.32  on the issues.  The mediator may not conduct the investigation 
 69.33  or evaluation unless:  (1) the parties agree in a writing, 
 69.34  executed after the termination of mediation, that the mediator 
 69.35  may conduct the investigation or evaluation, or (2) there is no 
 69.36  other person reasonably available to conduct the investigation 
 70.1   or evaluation.  The mediator may recommend that mutual 
 70.2   restraining orders be issued in appropriate cases, pending 
 70.3   determination of the controversy, to protect the well-being of 
 70.4   the children involved in the controversy. 
 70.5      Subd. 7.  [MEDIATION AGREEMENT.] An agreement reached by 
 70.6   the parties as a result of mediation ~~shall~~ must be discussed by 
 70.7   the parties with their attorneys, if any~~, and~~.  The approved 
 70.8   agreement may then be included in the marital dissolution decree 
 70.9   or other stipulation submitted to the court.  An agreement 
 70.10  reached by the parties as a result of mediation may not be 
 70.11  presented to the court nor made enforceable unless the parties 
 70.12  and their counsel, if any, consent to its presentation to the 
 70.13  court, and the court adopts the agreement. 
 70.14     Subd. 8.  [RULES.] Each court ~~shall~~ must adopt rules to 
 70.15  implement this section, and ~~shall~~ must compile and maintain a 
 70.16  list of mediators. 
 70.17     Sec. 39.  Minnesota Statutes 2000, section 519.11, 
 70.18  subdivision 1, is amended to read: 
 70.19     Subdivision 1.  [ANTENUPTIAL CONTRACT.] A man and woman of 
 70.20  legal age may enter into an antenuptial contract or settlement 
 70.21  prior to solemnization of marriage which shall be valid and 
 70.22  enforceable if (a) there is a full and fair disclosure of the 
 70.23  earnings and property of each party, and (b) the parties have 
 70.24  had an opportunity to consult with legal counsel of their own 
 70.25  choice.  An antenuptial contract or settlement made in 
 70.26  conformity with this section may determine what rights each 
 70.27  party has in the nonmarital property, defined in section 518.54, 
 70.28  subdivision 5, clauses ~~(a)~~ (1) to ~~(d)~~ (4), upon dissolution of 
 70.29  marriage, legal separation or after its termination by death and 
 70.30  may bar each other of all rights in the respective estates not 
 70.31  so secured to them by their agreement.  This section shall not 
 70.32  be construed to make invalid or unenforceable any antenuptial 
 70.33  agreement or settlement made and executed in conformity with 
 70.34  this section because the agreement or settlement covers or 
 70.35  includes marital property, if the agreement or settlement would 
 70.36  be valid and enforceable without regard to this section. 
 71.1      Sec. 40.  [INSTRUCTION TO REVISOR.] 
 71.2      The revisor of statutes must renumber the sections in 
 71.3   Minnesota Statutes listed in column A as indicated in column B 
 71.4   and correct cross-references to those sections throughout 
 71.5   Minnesota Statutes and Minnesota Rules. 
 71.6           A                         B
 71.7   518.003, subd. 3           517B.01, subd. 2
 71.8   518.003, subd. 5           517B.01, subd. 3
 71.9   518.155                    517B.02
 71.10  518.156                    517B.13
 71.11  518.157                    517B.06
 71.12  518.158, subd. 1           517B.22, subd. 2
 71.13  518.158, subd. 2           517B.22, subd. 3
 71.14  518.158, subd. 3           517B.22, subd. 4
 71.15  518.158, subd. 4           517B.22, subd. 5
 71.16  518.158, subd. 5           517B.22, subd. 1
 71.17  518.165                    517B.08
 71.18  518.166                    517B.14
 71.19  518.167                    517B.15
 71.20  518.168                    517B.16
 71.21  518.1705                   517B.25
 71.22  518.175, subd. 1           517B.27, subd. 1
 71.23  518.175, subd. 1a          517B.27, subd. 2
 71.24  518.175, subd. 2           517B.27, subd. 3
 71.25  518.175, subd. 3           517B.27, subd. 4
 71.26  518.175, subd. 5           517B.27, subd. 6
 71.27  518.175, subd. 6           517B.27, subd. 7
 71.28  518.175, subd. 7           517B.30
 71.29  518.175, subd. 8           517B.27, subd. 8
 71.30  518.1751, subd. 1          517B.28, subd. 1
 71.31  518.1751, subd. 1a         517B.28, subd. 2
 71.32  518.1751, subd. 1b         517B.28, subd. 3
 71.33  518.1751, subd. 2          517B.28, subd. 6
 71.34  518.1751, subd. 2a         517B.28, subd. 7
 71.35  518.1751, subd. 2b         517B.28, subd. 4
 71.36  518.1751, subd. 2c         517B.28, subd. 5
 72.1   518.1751, subd. 3          517B.28, subd. 8
 72.2   518.1751, subd. 4          517B.28, subd. 13
 72.3   518.1751, subd. 4a         517B.28, subd. 9
 72.4   518.1751, subd. 5          517B.28, subd. 10
 72.5   518.1751, subd. 5a         517B.28, subd. 11
 72.6   518.1751, subd. 6          517B.28, subd. 12
 72.7   518.176                    517B.20
 72.8   518.177                    517B.04
 72.9   518.178                    517B.27, subd. 5
 72.10  518.179                    517B.09
 72.11  518.18                     517B.21
 72.12  518.183                    517B.26
 72.13  518.612                    517B.10
 72.14  518.619                    517B.07
 72.15     Sec. 41.  [REPEALER.] 
 72.16     Minnesota Statutes 2000, sections 518.17; and 518.185, and 
 72.17  Minnesota Statutes 2001 Supplement, section 518.1752, are 
 72.18  repealed. 
 72.19                             ARTICLE 3 
 72.20                           CHILD SUPPORT 
 72.21     Section 1.  Minnesota Statutes 2000, section 171.186, is 
 72.22  amended by adding a subdivision to read: 
 72.23     Subd. 4.  [LIMITED LICENSE.] Notwithstanding subdivision 3, 
 72.24  the commissioner must issue a limited license to a person who is 
 72.25  otherwise eligible and whose license has been suspended under 
 72.26  this section upon receipt of a court order or notice from a 
 72.27  public authority responsible for child support enforcement 
 72.28  pursuant to section 517C.75 that states that:  (1) the driver is 
 72.29  in arrears in court-ordered child support payments in an amount 
 72.30  equal to three to six times the obligor's total monthly payment, 
 72.31  and is not in compliance with a written payment agreement; and 
 72.32  (2) the obligor's employment, attendance at employment-related 
 72.33  education or training, or compliance with court-ordered 
 72.34  parenting time depends upon the use of a driver's license. 
 72.35     Sec. 2.  Minnesota Statutes 2000, section 171.30, 
 72.36  subdivision 1, is amended to read: 
 73.1      Subdivision 1.  [CONDITIONS OF ISSUANCE.] (a) In any case 
 73.2   where a person's license has been suspended under section 171.18 
 73.4   or 171.173, or revoked under section 169.792, 169.797, 169A.52, 
 73.5   169A.54, 171.17, or 171.172, the commissioner may issue a 
 73.6   limited license to the driver including under the following 
 73.7   conditions:  
 73.8      (1) if the driver's livelihood or attendance at a chemical 
 73.9   dependency treatment or counseling program depends upon the use 
 73.10  of the driver's license; 
 73.11     (2) if the use of a driver's license by a homemaker is 
 73.12  necessary to prevent the substantial disruption of the 
 73.13  education, medical, or nutritional needs of the family of the 
 73.14  homemaker; or 
 73.15     (3) if attendance at a post-secondary institution of 
 73.16  education by an enrolled student of that institution depends 
 73.17  upon the use of the driver's license.  
 73.18     (b) The commissioner in issuing a limited license may 
 73.19  impose such conditions and limitations as in the commissioner's 
 73.20  judgment are necessary to the interests of the public safety and 
 73.21  welfare including reexamination as to the driver's 
 73.22  qualifications.  The license may be limited to the operation of 
 73.23  particular vehicles, to particular classes and times of 
 73.24  operation and to particular conditions of traffic.  The 
 73.25  commissioner may require that an applicant for a limited license 
 73.26  affirmatively demonstrate that use of public transportation or 
 73.27  carpooling as an alternative to a limited license would be a 
 73.28  significant hardship.  
 73.29     (c) For purposes of this subdivision, "homemaker" refers to 
 73.30  the person primarily performing the domestic tasks in a 
 73.31  household of residents consisting of at least the person and the 
 73.32  person's dependent child or other dependents. 
 73.33     (d) The limited license issued by the commissioner shall 
 73.34  clearly indicate the limitations imposed and the driver 
 73.35  operating under the limited license shall have the license in 
 73.36  possession at all times when operating as a driver. 
 73.37     (e) In determining whether to issue a limited license, the 
 74.1   commissioner shall consider the number and the seriousness of 
 74.2   prior convictions and the entire driving record of the driver 
 74.3   and shall consider the number of miles driven by the driver 
 74.4   annually. 
 74.5      (f) If the person's driver's license or permit to drive has 
 74.6   been revoked under section 169.792 or 169.797, the commissioner 
 74.7   may only issue a limited license to the person after the person 
 74.8   has presented an insurance identification card, policy, or 
 74.9   written statement indicating that the driver or owner has 
 74.10  insurance coverage satisfactory to the commissioner of public 
 74.11  safety.  The commissioner of public safety may require the 
 74.12  insurance identification card provided to satisfy this 
 74.13  subdivision be certified by the insurance company to be 
 74.14  noncancelable for a period not to exceed 12 months. 
 74.15     (g) The commissioner must issue a limited license to a 
 74.16  driver when ordered by a court or directed by a public authority 
 74.17  responsible for child support enforcement pursuant to section 
 74.18  517C.75. 
 74.19     Sec. 3.  Minnesota Statutes 2000, section 256.9791, is 
 74.20  amended to read: 
 74.21     256.9791 [MEDICAL SUPPORT BONUS INCENTIVES.] 
 74.22     Subdivision 1.  [BONUS INCENTIVE.] (a) A bonus incentive 
 74.23  program is created to increase the identification and 
 74.24  enforcement by county agencies of dependent health ~~insurance~~ 
 74.25  coverage for ~~persons who are receiving medical assistance under~~ 
 74.26  ~~section 256B.055 and~~ children and family units for whom the 
 74.27  county agency is providing child support enforcement services.  
 74.28     (b) The bonus shall be awarded to a county child support 
 74.29  agency for each ~~person~~ child for whom coverage is identified and 
 74.30  enforced by the child support enforcement program when ~~the~~ 
 74.31  ~~obligor is under~~ a court order to provide dependent health 
 74.32  ~~insurance~~ coverage is in effect.  
 74.33     (c) Bonus incentive funds under this section must be 
 74.34  reinvested in the county child support enforcement program and a 
 74.35  county may not reduce funding of the child support enforcement 
 74.36  program by the amount of the bonus earned. 
 75.1      Subd. 2.  [DEFINITIONS.] For the purpose of this section, 
 75.2   the following definitions apply.  
 75.3      (a) "Case" means a family unit ~~that is receiving medical~~ 
 75.4   ~~assistance under section 256B.055 and~~ for whom the county agency 
 75.5   is providing child support enforcement services.  
 75.6      (b) "Commissioner" means the commissioner of the department 
 75.7   of human services.  
 75.8      (c) "County agency" means the county child support 
 75.9   enforcement agency.  
 75.10     (d) "Coverage" means initial dependent health insurance 
 75.11  benefits for a case or ~~individual member~~ child of a case, or 
 75.12  medical assistance under section 256B.055 and MinnesotaCare 
 75.13  under section 256L.07.  
 75.14     (e) "Enforce" or "enforcement" means obtaining proof of 
 75.15  current or future dependent health ~~insurance~~ coverage through an 
 75.16  overt act by the county agency. 
 75.17     (f) "Enforceable order" means a child support court order 
 75.18  containing the statutory language in section ~~518.171~~ 517C.15 or 
 75.19  other language ordering ~~an obligor~~ a parent to provide dependent 
 75.20  health ~~insurance~~ coverage.  
 75.21     (g) "Identify" or "identification" means obtaining proof of 
 75.22  dependent health ~~insurance~~ coverage through an overt act by the 
 75.23  county agency.  
 75.24     Subd. 3.  [ELIGIBILITY; REPORTING REQUIREMENTS.] (a) In 
 75.25  order for a county to be eligible to claim a bonus incentive 
 75.26  payment, the county agency must provide the required information 
 75.27  for each ~~public assistance~~ case no later than June 30 of each 
 75.28  year to determine eligibility.  The public authority shall use 
 75.29  the information to establish for each county the number of cases 
 75.30  in which (1) the court has established an obligation for 
 75.31  coverage ~~by the obligor~~, and (2) coverage was in effect as of 
 75.32  June 30.  
 75.33     (b) A county that fails to provide the required information 
 75.34  by June 30 of each fiscal year is not eligible for any bonus 
 75.35  payments under this section for that fiscal year. 
 75.36     Subd. 4.  [RATE OF BONUS INCENTIVE.] The rate of the bonus 
 76.1   incentive shall be determined according to paragraph (a). 
 76.2      (a) When a county agency has identified or enforced 
 76.3   coverage, the county shall receive $50 for each ~~additional~~ 
 76.4   ~~person~~ child for whom coverage is identified or enforced.  
 76.5      (b) Bonus payments according to paragraph (a) are limited 
 76.6   to one bonus for each ~~covered person~~ child each time the county 
 76.7   agency identifies or enforces previously unidentified 
 76.8   health ~~insurance~~ coverage and apply only to coverage identified 
 76.9   or enforced after July 1, 1990. 
 76.10     Subd. 5.  [CLAIMS FOR BONUS INCENTIVE.] (a) Beginning July 
 76.11  1, 1990, county agencies shall file a claim for a medical 
 76.12  support bonus payment by reporting to the commissioner the 
 76.13  following information for each case where dependent health 
 76.14  ~~insurance~~ coverage is identified or enforced as a result of an 
 76.15  overt act of the county agency: 
 76.16     (1) child support enforcement system case number or county 
 76.17  specific case number; 
 76.18     (2) names and dates of birth for each ~~person~~ child covered; 
 76.19  and 
 76.20     (3) the effective date of coverage. 
 76.21     (b) The report must be made upon enrollment in coverage but 
 76.22  no later than September 30 for coverage identified or 
 76.23  established during the preceding fiscal year. 
 76.24     (c) The county agency making the initial contact resulting 
 76.25  in the establishment of coverage is the county agency entitled 
 76.26  to claim the bonus incentive even if the case is transferred to 
 76.27  another county agency prior to the time coverage is established. 
 76.28     (d) Disputed claims must be submitted to the commissioner 
 76.29  and the commissioner's decision is final. 
 76.30     Subd. 6.  [DISTRIBUTION.] (a) Bonus incentives must be 
 76.31  issued to the county agency quarterly, within 45 days after the 
 76.32  last day of each quarter for which a bonus incentive is being 
 76.33  claimed, and must be paid up to the limit of the appropriation 
 76.34  in the order in which claims are received.  
 76.35     (b) Total bonus incentives must be computed by multiplying 
 76.36  the number of ~~persons~~ children included in claims submitted in 
 77.1   accordance with this section by the applicable bonus payment as 
 77.2   determined in subdivision 4. 
 77.3      (c) The county agency must repay any bonus erroneously 
 77.4   issued. 
 77.5      (d) A county agency must maintain a record of bonus 
 77.6   incentives claimed and received for each quarter. 
 77.7      Sec. 4.  [517C.01] [TITLE.] 
 77.8      This chapter may be cited as the "Minnesota Child Support 
 77.9   Act." 
 77.10     Sec. 5.  [517C.02] [DEFINITIONS.] 
 77.11     Subdivision 1.  [SCOPE.] The definitions in this section 
 77.12  apply to this chapter. 
 77.13     Subd. 2.  [ARREARS.] "Arrears" means amounts owed under a 
 77.14  support order that are past due.  It includes child support, 
 77.15  pregnancy and confinement expenses, attorney fees, and any other 
 77.16  obligations addressed in a support order. 
 77.17     Subd. 3.  [BUSINESS DAY.] "Business day" means a day on 
 77.18  which state offices are open for regular business. 
 77.19     Subd. 4.  [CHILD.] "Child" means an individual under 18 
 77.20  years of age, an individual under age 20 who is still attending 
 77.21  secondary school, or an individual who, by reason of physical or 
 77.22  mental condition, is incapable of self-support. 
 77.23     Subd. 5.  [CHILD SUPPORT.] "Child support" means: 
 77.24     (1) an award in a dissolution, legal separation, annulment, 
 77.25  or parentage proceeding for the care, support, and education of 
 77.26  a child of the marriage or of the parties to the proceeding; 
 77.27     (2) a contribution by parents ordered under section 256.87; 
 77.28  or 
 77.29     (3) support ordered under chapter 518B or 518C.  
 77.30     Subd. 6.  [DEPOSIT ACCOUNT.] "Deposit account" means funds 
 77.31  deposited with a financial institution in the form of a savings 
 77.32  account, checking account, NOW account, or demand deposit 
 77.33  account. 
 77.34     Subd. 7.  [FINANCIAL INSTITUTION.] "Financial institution" 
 77.35  means a savings association, bank, trust company, credit union, 
 77.36  industrial loan and thrift company, bank and trust company, or 
 78.1   savings association, and includes a branch or detached facility 
 78.2   of a financial institution. 
 78.3      Subd. 8.  [OBLIGEE.] "Obligee" means a person to whom 
 78.4   payments for child support are owed. 
 78.5      Subd. 9.  [OBLIGOR.] "Obligor" means a person obligated to 
 78.6   pay child support.  A person who is designated as the sole 
 78.7   physical custodian of a child is presumed not to be an obligor 
 78.8   for purposes of calculating current support unless the court 
 78.9   makes specific written findings to overcome this presumption. 
 78.10     Subd. 10.  [PAYMENT.] "Payment" means the payment of child 
 78.11  support, child care support, medical support, and related 
 78.12  payments required by order of a tribunal, voluntary support, or 
 78.13  statutory fees. 
 78.14     Subd. 11.  [PAYOR OF FUNDS.] "Payor of funds" means a 
 78.15  person or entity that provides funds to an obligor, including an 
 78.16  employer as defined under chapter 24 of the Internal Revenue 
 78.17  Code, section 3401(d), an independent contractor, payor of 
 78.18  workers' compensation benefits or reemployment compensation, or 
 78.19  a financial institution as defined in section 13B.06. 
 78.20     Subd. 12.  [PUBLIC AUTHORITY.] "Public authority" means the 
 78.21  local unit of government, acting on behalf of the state, that is 
 78.22  responsible for child support enforcement or the child support 
 78.23  enforcement division of the department of human services. 
 78.24     Subd. 13.  [SUBSEQUENT CHILD.] "Subsequent child" means a 
 78.25  child born after the child who is the subject of the child 
 78.26  support proceeding. 
 78.27     Subd. 14.  [SUPPORT ORDER.] (a) "Support order" means a 
 78.28  judgment, decree, or order, whether temporary, final, or subject 
 78.29  to modification, issued by a court or administrative agency of 
 78.30  competent jurisdiction that: 
 78.31     (1) provides for the support of a child, including a child 
 78.32  who has attained the age of majority under the law of the 
 78.33  issuing state; 
 78.34     (2) provides for monetary support, child care, medical 
 78.35  support including expenses for confinement and pregnancy, 
 78.36  arrears, or reimbursement; and 
 79.1      (3) may include related costs and fees, interest and 
 79.2   penalties, income withholding, and other relief. 
 79.3      (b) The definition in paragraph (a) applies to orders 
 79.4   issued under this chapter and chapters 256, 257, 518B, and 518C. 
 79.5      Subd. 15.  [TRIBUNAL.] "Tribunal" has the meaning given in 
 79.6   section 518C.101. 
 79.7      Subd. 16.  [UNCLAIMED SUPPORT FUNDS.] "Unclaimed support 
 79.8   funds" means any support payments collected by the public 
 79.9   authority from the obligor, which have not been disbursed to the 
 79.10  obligee or public authority. 
 79.11     Sec. 6.  [517C.03] [PROCEDURAL RULES.] 
 79.12     The supreme court may promulgate rules to be used in child 
 79.13  support cases. 
 79.14     Sec. 7.  [517C.04] [CHILD SUPPORT ORDERS.] 
 79.15     Subdivision 1.  [ORDER.] (a) Upon dissolution of marriage, 
 79.16  legal separation, annulment, establishment of paternity, or when 
 79.17  otherwise required by statute, the court must order child 
 79.18  support as provided by this chapter. 
 79.19     (b) Nothing contained in this chapter limits the power of 
 79.20  the court to make appropriate, adequate orders for the support 
 79.21  and education of a child of the parties to a dissolution, legal 
 79.22  separation, or annulment action if the dissolution, legal 
 79.23  separation, or annulment is denied. 
 79.24     Subd. 2.  [PROVISIONS.] Child support orders must provide 
 79.25  for general child rearing costs, or basic needs, and must also 
 79.26  specifically address medical care and child care costs, 
 79.27  providing for those costs pursuant to this chapter. 
 79.28     Subd. 3.  [AGREEMENTS.] If the parties stipulate or agree 
 79.29  to a child support order, the court must review the agreement to 
 79.30  ensure it serves the best interests of the child.  The supreme 
 79.31  court may promulgate rules regarding the review of stipulations 
 79.32  and agreements.  The court may refuse to accept or may alter an 
 79.33  agreement that does not conform with the requirements of this 
 79.34  chapter or that is otherwise not in the best interests of the 
 79.35  child. 
 79.36     Subd. 4.  [PREFERENCE FOR SPECIFIC DOLLAR AMOUNT.] (a) 
 80.1   There is a presumption in favor of ordering child support in a 
 80.2   specific dollar amount, as opposed to a percentage of income. 
 80.3      (b) The court may order an obligor to pay child support in 
 80.4   the form of a percentage share of the obligor's net bonuses, 
 80.5   commissions, or other forms of compensation, in addition to, or 
 80.6   if the obligor receives no base pay, in lieu of an order for a 
 80.7   specific dollar amount. 
 80.8      Subd. 5.  [PREFERENCE FOR MONTHLY PAYMENT.] There is a 
 80.9   presumption in favor of ordering child support in an amount that 
 80.10  reflects an obligor's monthly obligation. 
 80.11     Subd. 6.  [PREFERENCE FOR STATIC PAYMENT.] (a) There is a 
 80.12  presumption in favor of ordering child support so that an 
 80.13  obligor makes the same monthly payments throughout the year, as 
 80.14  opposed to payment amounts that fluctuate by season or month.  
 80.15  If the obligor is seasonally employed, it is generally the 
 80.16  responsibility of the obligor to budget income accordingly. 
 80.17     Subd. 7.  [ACCOUNTING FOR CHILD SUPPORT BY OBLIGEE.] (a) 
 80.18  Upon the motion of an obligor, a court may order an obligee to 
 80.19  account for the use or disposition of child support received.  
 80.20  The motion must assert the specific allegations of abuse or 
 80.21  misapplication of child support received and that a child's 
 80.22  needs are not being met.  If the court orders a hearing, the 
 80.23  court may order an accounting only if the obligor establishes 
 80.24  the specific allegations of abuse or misapplication of child 
 80.25  support received and that the child's needs are not being met. 
 80.26     (b) If the court orders an accounting under paragraph (a), 
 80.27  the obligee must provide documentation that breaks down monthly 
 80.28  expenditures of child support received into the following 
 80.29  categories: 
 80.30     (1) housing and utilities; 
 80.31     (2) food; 
 80.32     (3) transportation; 
 80.33     (4) clothing; 
 80.34     (5) health care; 
 80.35     (6) child care and education; and 
 80.36     (7) miscellaneous. 
 81.1   An obligee may account for expenditures on housing, utilities, 
 81.2   food, and transportation that are attributable to multiple 
 81.3   household members on a per capita basis. 
 81.4      (c) If the court finds that an obligee does not make the 
 81.5   accounting required under paragraph (b) or the obligee does not 
 81.6   spend the entire child support payment on behalf of the child, 
 81.7   the court may: 
 81.8      (1) hold the obligee in contempt of court; 
 81.9      (2) reduce or eliminate the obligor's child support 
 81.10  obligation; 
 81.11     (3) order the obligee to make future expenditures on behalf 
 81.12  of the child, whether in whole or in part, in a manner that 
 81.13  documents the transaction; or 
 81.14     (4) make any other appropriate order to ensure that the 
 81.15  needs of the child are met. 
 81.16     (d) If the court determines that an obligor's motion under 
 81.17  this section is brought in bad faith, the court may award 
 81.18  reasonable attorney fees to the obligee. 
 81.19     Subd. 8.  [DEPARTURE.] The court may depart from a 
 81.20  presumption in subdivision 4, 5, or 6 if: 
 81.21     (1) all parties agree; or 
 81.22     (2) the presumption would impose an extreme hardship on the 
 81.23  obligor and would not be in the best interests of the child. 
 81.24     Subd. 9.  [CHILD SUPPORT TO BE DISTINGUISHED FROM 
 81.25  MAINTENANCE.] In a judgment of dissolution or legal separation, 
 81.26  the court must clearly distinguish between payments ordered for 
 81.27  maintenance and payments ordered for child support.  An award of 
 81.28  payments from future income or earnings of the parent with whom 
 81.29  the child resides is presumed to be maintenance and an award of 
 81.30  payments from the future income or earnings of the other parent 
 81.31  is presumed to be child support, unless otherwise designated by 
 81.32  the court. 
 81.33     Subd. 10.  [OTHER CUSTODIANS.] If a child resides with a 
 81.34  person other than a parent and the court approves of the custody 
 81.35  arrangement, the court may order child support payments to be 
 81.36  made to the custodian regardless of whether the person has legal 
 82.1   custody. 
 82.2      Subd. 11.  [EITHER PARENT LIABLE; MARITAL MISCONDUCT 
 82.3   IRRELEVANT.] The court may order either or both parents owing a 
 82.4   duty of support to a child to pay an amount reasonable or 
 82.5   necessary for the child's support, without regard to marital 
 82.6   misconduct. 
 82.7      Sec. 8.  [517C.05] [TEMPORARY ORDERS.] 
 82.8      Subdivision 1.  [MOTION; SCOPE.] In a child support 
 82.9   proceeding a party may, by motion, request that the court grant 
 82.10  a temporary order pending the final disposition of the 
 82.11  proceeding for temporary child support, costs, and reasonable 
 82.12  attorney fees.  Additionally, to facilitate the just and speedy 
 82.13  disposition of the proceeding, the court may require a party to 
 82.14  perform or refrain from performing additional acts. 
 82.15     Subd. 2.  [DURATION.] A temporary order continues in full 
 82.16  force and effect until: 
 82.17     (1) it is amended; 
 82.18     (2) it is vacated; 
 82.19     (3) the main action is dismissed; or 
 82.20     (4) a final decree of dissolution, legal separation, or 
 82.21  other final order is entered. 
 82.22     Subd. 3.  [FACTORS.] The court must consider the factors 
 82.23  set forth in this chapter in making temporary orders. 
 82.24     Subd. 4.  [EVIDENCE.] Temporary orders must be made solely 
 82.25  on the basis of affidavits and argument of counsel unless: 
 82.26     (1) a party makes a timely motion or responsive motion to 
 82.27  hear the matter on oral testimony before the court; or 
 82.28     (2) the court, in its discretion, orders the taking of oral 
 82.29  testimony. 
 82.30     Subd. 5.  [LIMITED EFFECT.] A temporary order does not 
 82.31  prejudice the rights of the parties or the child that are to be 
 82.32  adjudicated at subsequent hearings in the proceeding. 
 82.33     Subd. 6.  [MODIFICATION.] A temporary order may be revoked 
 82.34  or modified by the court before the final disposition of the 
 82.35  proceeding upon the same grounds and subject to the same 
 82.36  requirements as the initial granting of the order. 
 83.1      Sec. 9.  [517C.06] [DETERMINATION OF CONTROLLING ORDER.] 
 83.2      The public authority or a party may request the court to 
 83.3   determine a controlling order when more than one order involving 
 83.4   the same obligor and child exists. 
 83.5      Sec. 10.  [517C.07] [ATTORNEY FEES; COSTS AND 
 83.6   DISBURSEMENTS.] 
 83.7      Subdivision 1.  [GENERAL.] (a) Except as provided in 
 83.8   section 517C.84, in a proceeding under this chapter, the court 
 83.9   must award attorney fees, costs, and disbursements in an amount 
 83.10  necessary to enable a party to carry on or contest the 
 83.11  proceeding if: 
 83.12     (1) the fees are necessary for the good-faith assertion of 
 83.13  the party's rights in the proceeding and will not contribute 
 83.14  unnecessarily to the length and expense of the proceeding; 
 83.15     (2) the party from whom fees, costs, and disbursements are 
 83.16  sought has the means to pay them; and 
 83.17     (3) the party to whom fees, costs, and disbursements are 
 83.18  awarded does not have the means to pay them. 
 83.19     (b) Fees, costs, and disbursements may be awarded at any 
 83.20  point during or after a proceeding under this chapter, including 
 83.21  if a proceeding is dismissed or abandoned. 
 83.22     (c) The court may assess costs and disbursements against 
 83.23  either party. 
 83.24     Subd. 2.  [UNREASONABLE ACTIONS.] The court may, in its 
 83.25  discretion, assess additional fees, costs, and disbursements 
 83.26  against a party who unreasonably contributes to the length or 
 83.27  expense of the proceeding. 
 83.28     Subd. 3.  [COLLECTION.] The court may authorize the 
 83.29  collection of money awarded by execution, or out of property 
 83.30  sequestered, or in any other manner within the power of the 
 83.31  court.  An award of attorney fees survives the proceeding.  If 
 83.32  the award is not paid by the party directed to pay it, the award 
 83.33  may be enforced as provided by this subdivision or by a separate 
 83.34  civil action brought in the attorney's own name. 
 83.35     Sec. 11.  [517C.10] [EXCHANGE OF INFORMATION.] 
 83.36     Subdivision 1.  [DOCUMENTATION.] The parties must timely 
 84.1   serve and file documentation of earnings and income.  
 84.2   Documentation of earnings and income includes, but is not 
 84.3   limited to, pay stubs for the most recent three months, employer 
 84.4   statements, or statement of receipts and expenses if 
 84.5   self-employed.  Documentation of earnings and income also 
 84.6   includes copies of each parent's most recent federal tax 
 84.7   returns, W-2 forms, 1099 forms, reemployment compensation 
 84.8   statements, workers' compensation statements, and all other 
 84.9   documents evidencing the receipt of income that provide 
 84.10  verification of income over a longer period. 
 84.11     Subd. 2.  [ANNUAL EXCHANGE OF TAX RETURNS.] An obligor and 
 84.12  obligee must annually provide all other parties with a copy of 
 84.13  his or her federal tax return filed with the Internal Revenue 
 84.14  Service. 
 84.15     Subd. 3.  [NOTICE OF ADDRESS OR RESIDENCE CHANGE.] An 
 84.16  obligor must notify other parties of a change of address or 
 84.17  residence within 60 days of the address or residence change. 
 84.18     Subd. 4.  [NOTICE TO PUBLIC AUTHORITY; PUBLIC ASSISTANCE.] 
 84.19  The petitioner must notify the public authority of all 
 84.20  proceedings for dissolution, legal separation, determination of 
 84.21  parentage, or for the custody of a child, if either party is 
 84.22  receiving public assistance or applies for it subsequent to the 
 84.23  commencement of the proceeding.  The notice must contain the 
 84.24  full names of the parties to the proceeding, their social 
 84.25  security account numbers, and their birth dates. 
 84.26     Subd. 5.  [FAILURE OF NOTICE.] If the court in a 
 84.27  dissolution, legal separation, or determination of parentage 
 84.28  proceeding, finds before issuing the order for judgment and 
 84.29  decree, that notification has not been given to the public 
 84.30  authority, the court must set child support according to the 
 84.31  guidelines in this chapter.  In those proceedings in which no 
 84.32  notification has been made pursuant to this section and in which 
 84.33  the public authority determines that the judgment is lower than 
 84.34  the child support required by the guidelines in this chapter, it 
 84.35  must move the court for a redetermination of the support 
 84.36  payments ordered so that the support payments comply with the 
 85.1   guidelines. 
 85.2      Sec. 12.  [517C.11] [PRIVACY PROTECTION; PERSONAL 
 85.3   PROTECTION.] 
 85.4      Subdivision 1.  [SOCIAL SECURITY NUMBERS; TAX RETURNS.] The 
 85.5   social security numbers and tax returns required under this 
 85.6   chapter are not accessible to the public, except that they must 
 85.7   be disclosed to the other parties to a proceeding as provided in 
 85.8   section 517C.10. 
 85.9      Subd. 2.  [MODIFICATION OF CERTAIN REQUIREMENTS.] The court 
 85.10  may modify or limit the information exchange requirements of 
 85.11  this chapter by order if necessary to protect a party from 
 85.12  contact by another party. 
 85.13     Subd. 3.  [ACCESS TO ADDRESS FOR SERVICE OF PROCESS.] (a) 
 85.14  If the public authority is a party or is providing services in a 
 85.15  support case, a party may obtain an ex parte order under this 
 85.16  subdivision.  The party may obtain an ex parte order requiring 
 85.17  the public authority to serve legal documents on the other party 
 85.18  by mail if the party submits a sworn affidavit to the court 
 85.19  stating that: 
 85.20     (1) the party needs to serve legal process in a support 
 85.21  proceeding and does not have access to the address of the other 
 85.22  party; 
 85.23     (2) the party has made reasonable efforts to locate the 
 85.24  other party; and 
 85.25     (3) the other party is not represented by counsel. 
 85.26     (b) The public authority must serve legal documents 
 85.27  provided by the moving party at the last known address of the 
 85.28  other party upon receipt of a court order under paragraph (a).  
 85.29  The public authority must provide for appropriate service and 
 85.30  must certify to all parties the date of service by mail.  The 
 85.31  public authority's proof of service must not include the place 
 85.32  or address of service. 
 85.33     (c) The state court administrator must prepare and make 
 85.34  available forms for use in seeking access to an address under 
 85.35  this subdivision. 
 85.36     Sec. 13.  [517C.12] [INCOME.] 
 86.1      Subdivision 1.  [DEFINITION.] For purposes of calculating 
 86.2   child support under this chapter, "income" means gross income. 
 86.3      Subd. 2.  [SOURCES.] For purposes of this chapter, income 
 86.4   includes any form of periodic payment to an individual 
 86.5   including, but not limited to: 
 86.6      (1) wages; 
 86.7      (2) salaries; 
 86.8      (3) payments to an independent contractor; 
 86.9      (4) workers' compensation; 
 86.10     (5) reemployment compensation; 
 86.11     (6) annuity; 
 86.12     (7) military and naval retirement; 
 86.13     (8) pension and disability payments; and 
 86.14     (9) in-kind payments received by the obligor in the course 
 86.15  of employment, self-employment, or operation of a business if 
 86.16  the payments reduce the obligor's living expenses. 
 86.17     Subd. 3.  [COMMISSIONS; BONUSES.] If the court finds that a 
 86.18  party's commissions or bonuses are reliable and predictable, the 
 86.19  court may include them in income calculations. 
 86.20     Subd. 4.  [SELF-EMPLOYMENT; INDEPENDENT CONTRACTORS.] (a) 
 86.21  Income from self-employment is equal to gross receipts minus 
 86.22  ordinary and necessary expenses.  Ordinary and necessary 
 86.23  expenses include what would otherwise be the employer's share of 
 86.24  the contributions under the Federal Insurance Contributions Act 
 86.25  (FICA), United States Code, title 26, subtitle C, chapter 21, 
 86.26  subchapter A, sections 3101 to 3126.  Ordinary and necessary 
 86.27  expenses do not necessarily include amounts allowed by the 
 86.28  Internal Revenue Service for accelerated depreciation expenses 
 86.29  or investment tax credits or any other business expenses 
 86.30  determined by the court to be inappropriate for determining 
 86.31  income for purposes of child support.  The person seeking to 
 86.32  deduct an expense, including depreciation, has the burden of 
 86.33  proving, if challenged, that the expense is ordinary and 
 86.34  necessary.  Income calculated under this section may be 
 86.35  different from taxable income. 
 86.36     Subd. 5.  [PUBLIC ASSISTANCE EXCLUSIONS.] Benefits received 
 87.1   under chapter 256J and Title IV-A of the Social Security Act are 
 87.2   not income under this section. 
 87.3      Subd. 6.  [OVERTIME.] (a) Income does not include 
 87.4   compensation received by a party for employment in excess of a 
 87.5   40-hour work week if: 
 87.6      (1) the excess employment is not within the normal range of 
 87.7   hours worked, given the party's employment history; 
 87.8      (2) the excess employment is voluntary and not a condition 
 87.9   of employment; 
 87.10     (3) the excess employment is in the nature of additional, 
 87.11  part-time or overtime employment compensable by the hour or 
 87.12  fraction of an hour; and 
 87.13     (4) the party's compensation structure has not been changed 
 87.14  for the purpose of affecting a child support obligation. 
 87.15     (b) The court may presume that a party with seasonal or 
 87.16  intermittent income who works periods in excess of a 40-hour 
 87.17  work week, but who works a substantially normal number of hours 
 87.18  over the course of a year, is working within the normal range of 
 87.19  hours worked. 
 87.20     Subd. 7.  [INCOME OF A SPOUSE OR OTHER HOUSEHOLD 
 87.21  MEMBER.] (a) Income must not include the income of a party's 
 87.22  spouse or other household member.  The court must not consider 
 87.23  the income or resources provided by a spouse or other household 
 87.24  member when determining all the earnings, income, and resources 
 87.25  of a parent under section 517C.17. 
 87.26     (b) Notwithstanding paragraph (a), the court may issue an 
 87.27  order permitting discovery of a spouse or other household 
 87.28  member's income information if there is probable cause to 
 87.29  believe the spouse or other household member is being used to 
 87.30  shelter income from a party.  If the court finds that income was 
 87.31  improperly or unfairly sheltered, it may impute income to the 
 87.32  party or otherwise adjust the support amount in a just and 
 87.33  proper manner.  However, the court may not under any 
 87.34  circumstances consider income or resources properly attributable 
 87.35  to a spouse or other household member when setting support. 
 87.36     Subd. 8.  [PRIOR ORDERS BEING PAID.] A child support or 
 88.1   maintenance order that is currently being paid must be deducted 
 88.2   from income. 
 88.3      Sec. 14.  [517C.13] [IMPUTED INCOME.] 
 88.4      Subdivision 1.  [NONAPPEARANCE OF A PARTY.] If a parent 
 88.5   under the jurisdiction of the court does not appear at a court 
 88.6   hearing after proper notice of the time and place of the 
 88.7   hearing, the court must set income for that parent based on 
 88.8   credible evidence before the court or in accordance with 
 88.9   subdivision 3.  Credible evidence may include documentation of 
 88.10  current or recent income, testimony of the other parent 
 88.11  concerning recent earnings and income levels, and the parent's 
 88.12  wage reports filed with the Minnesota department of economic 
 88.13  security under section 268.044. 
 88.14     Subd. 2.  [VOLUNTARY UNEMPLOYMENT OR UNDEREMPLOYMENT.] (a) 
 88.15  The principles of income imputation apply equally to obligors 
 88.16  and obligees. 
 88.17     (b) If the court finds that a parent is voluntarily 
 88.18  unemployed or underemployed or was voluntarily unemployed or 
 88.19  underemployed during the period for which past support is being 
 88.20  sought, support must be calculated based on a determination of 
 88.21  imputed income. 
 88.22     (c) A parent is not considered voluntarily unemployed or 
 88.23  underemployed upon a showing by the parent that: 
 88.24     (1) the unemployment or underemployment is temporary and 
 88.25  will ultimately lead to an increase in income; 
 88.26     (2) the unemployment or underemployment represents a bona 
 88.27  fide career change that outweighs the adverse effect of that 
 88.28  parent's diminished income on the child; 
 88.29     (3) the parent is a recipient of public assistance under 
 88.30  section 256.741; or 
 88.31     (4) the parent is physically or mentally incapacitated. 
 88.32     (d) Imputed income means the estimated earning ability of a 
 88.33  parent based on the parent's prior earnings history, education, 
 88.34  and job skills, and on availability of jobs within the community 
 88.35  for an individual with the parent's qualifications. 
 88.36     Subd. 3.  [INSUFFICIENT INFORMATION.] If there is 
 89.1   insufficient information to determine actual income or to impute 
 89.2   income pursuant to subdivision 1 or 2, the court may calculate 
 89.3   support based on full-time employment of 40 hours per week at 
 89.4   150 percent of the federal minimum wage or the Minnesota minimum 
 89.5   wage, whichever is higher. 
 89.6      Sec. 15.  [517C.14] [PRESUMPTIVE CHILD SUPPORT ORDER; 
 89.7   GENERAL.] 
 89.8      Subdivision 1.  [REBUTTABLE PRESUMPTION.] The guidelines in 
 89.9   sections 517C.12 to 517C.16 are a rebuttable presumption and 
 89.10  must be used in all cases when establishing or modifying child 
 89.11  support. 
 89.12     Subd. 2.  [SUBSTANTIAL UNFAIRNESS; MINIMUM SUPPORT 
 89.13  AMOUNT.] (a) If the presumptive support amount derived from the 
 89.14  child support worksheet leaves the obligor with income less than 
 89.15  150 percent of the federal poverty guidelines, the worksheet 
 89.16  does not apply and the court must order support in a fair and 
 89.17  equitable amount that leaves both parties in a substantially 
 89.18  similar situation in relation to the federal poverty guidelines 
 89.19  considering: 
 89.20     (1) the factors outlined in section 517C.17; 
 89.21     (2) tax credits and deductions available to either party; 
 89.22  and 
 89.23     (3) receipt of public assistance by either party. 
 89.24     (b) In any event, the court must order support in an amount 
 89.25  not less than $50 per child per month unless the court finds 
 89.26  that the obligor completely lacks an ability to pay due to a 
 89.27  circumstance such as a permanent and total disability or 
 89.28  incarceration without work release privileges. 
 89.29     (c) For purposes of this section, when determining income 
 89.30  relative to the federal poverty guidelines, only children common 
 89.31  to the obligor and obligee are included in the household. 
 89.32     Subd. 3.  [CHILD SUPPORT CAP.] (a) Except as provided under 
 89.33  paragraph (b), a monthly basic needs obligation in a child 
 89.34  support order must not exceed: 
 89.35     (1) $1,500 for one child; 
 89.36     (2) $2,400 for two children; 
 90.1      (3) $2,800 for three children; or 
 90.2      (4) $2,800 plus $300 for each additional child over three 
 90.3   children. 
 90.4      (b) A court may order a basic needs obligation in a child 
 90.5   support order in an amount that exceeds the limit in paragraph 
 90.6   (a) if it finds that a child has a disability or other 
 90.7   substantial, demonstrated need for the additional support and 
 90.8   that the additional support will directly benefit the child. 
 90.9      (c) The dollar amounts in paragraph (a) must be adjusted on 
 90.10  July 1 of every even-numbered year to reflect cost-of-living 
 90.11  changes.  The supreme court must select the index for the 
 90.12  adjustment from the indices listed in section 517C.31.  The 
 90.13  state court administrator must make the changes in the dollar 
 90.14  amounts required by this paragraph available to courts and the 
 90.15  public on or before April 30 of the year in which the amount is 
 90.16  to change. 
 90.17     Subd. 4.  [CHILD CARE COSTS.] (a) The court must require 
 90.18  verification of employment or school attendance and 
 90.19  documentation of child care expenses from the obligee and the 
 90.20  public authority, if applicable. 
 90.21     (b) If child care expenses fluctuate during the year 
 90.22  because of seasonal employment or school attendance of the 
 90.23  obligee or extended periods of parenting time with the obligor, 
 90.24  the court must determine child care expenses based on an average 
 90.25  monthly cost. 
 90.26     (c) The amount allocated for child care expenses is 
 90.27  considered child support but is not subject to a cost-of-living 
 90.28  adjustment under section 517C.31. 
 90.29     (d) The amount allocated for child care expenses terminates 
 90.30  when either party notifies the public authority that the child 
 90.31  care costs have ended and without any legal action on the part 
 90.32  of either party.  The public authority must verify the 
 90.33  information received under this paragraph before authorizing 
 90.34  termination.  The termination is effective as of the date of the 
 90.35  notification.  In other cases where there is a substantial 
 90.36  increase or decrease in child care expenses, the parties may 
 91.1   modify the order under section 517C.31. 
 91.2      (e) The court may allow the parent with whom the child does 
 91.3   not reside to care for the child while the parent with whom the 
 91.4   child resides is working, as provided in section 517B.27, 
 91.5   subdivision 8.  Allowing the parent with whom the child does not 
 91.6   reside to care for the child under section 517B.27, subdivision 
 91.7   8, is not a reason to deviate from the guidelines. 
 91.8      Subd. 5.  [PARENTING TIME ADJUSTMENTS.] (a) For the purpose 
 91.9   of applying the proper parenting time adjustment on line 5 of 
 91.10  the presumptive support worksheet, the following principles 
 91.11  apply: 
 91.12     (1) the label given to a custody arrangement is not 
 91.13  determinative of the applicable adjustment; 
 91.14     (2) the actual division of parenting time controls; and 
 91.15     (3) an overnight stay presumptively constitutes a day of 
 91.16  caregiving. 
 91.17     (b) A parenting time division approximates joint physical 
 91.18  custody if each parent provides, or is responsible for 
 91.19  providing, care at least 45 percent of the days in a year. 
 91.20     (c) If each parent provides, or is responsible for 
 91.21  providing, care at least 45 percent of the days in a year, the 
 91.22  obligor's basic needs obligation on line 5 of the presumptive 
 91.23  child support worksheet under section 517C.16 is 50 percent of 
 91.24  the difference between the obligor's and obligee's basic needs 
 91.25  obligations.  The court must make specific written findings in 
 91.26  support of a parenting time adjustment. 
 91.27     Subd. 6.  [CHILD'S INSURANCE BENEFIT.] In establishing or 
 91.28  modifying child support, if a child receives a child's insurance 
 91.29  benefit under United States Code, title 42, section 402, because 
 91.30  the obligor is entitled to old age or disability insurance 
 91.31  benefits, the amount of support ordered must be offset by the 
 91.32  amount of the child's benefit.  The court must make findings 
 91.33  regarding the obligor's income from all sources, the child 
 91.34  support amount calculated under this chapter, the amount of the 
 91.35  child's benefit, and the obligor's child support obligation.  A 
 91.36  benefit received by the child in a given month in excess of the 
 92.1   child support obligation must not be treated as a payment of 
 92.2   arrears or a future payment. 
 92.3      Subd. 7.  [MORE THAN SIX CHILDREN.] If a child support 
 92.4   proceeding involves more than six children, the court may derive 
 92.5   a support order without specifically following the guidelines.  
 92.6   However, the court must consider the basic principles 
 92.7   encompassed by the guidelines and must consider the needs, 
 92.8   resources, and circumstances of both parties. 
 92.9      Sec. 16.  [517C.15] [MEDICAL SUPPORT.] 
 92.10     Subdivision 1.  [DEFINITIONS.] The definitions in this 
 92.11  subdivision apply to this chapter. 
 92.12     (a) "Health care coverage" means health care benefits that 
 92.13  are provided by a health plan.  Health care coverage does not 
 92.14  include any form of medical assistance under chapter 256B or 
 92.15  MinnesotaCare under chapter 256L. 
 92.16     (b) "Health carrier" means a carrier as defined in sections 
 92.17  62A.011, subdivision 2, and 62L.02, subdivision 16. 
 92.18     (c) "Health plan" means a plan meeting the definition under 
 92.19  section 62A.011, subdivision 3, or a policy, contract, or 
 92.20  certificate issued by a community integrated service network 
 92.21  licensed under chapter 62N, and includes plans:  (1) provided on 
 92.22  an individual and group basis, (2) provided by an employer or 
 92.23  union, (3) purchased in the private market, (4) available to a 
 92.24  person eligible to carry insurance for the child, and (5) 
 92.25  provided through a health plan governed under the federal 
 92.26  Employee Retirement Income Security Act of 1974 (ERISA), United 
 92.27  States Code, title 29, section 1169(a).  Health plan includes a 
 92.28  plan providing for dependent-only, dental, or vision coverage 
 92.29  and a plan provided through a party's spouse or parent. 
 92.30     (d) "Medical support" means providing health care coverage 
 92.31  for a child by carrying health care coverage for the child or by 
 92.32  contributing to the cost of health care coverage, public 
 92.33  coverage, unreimbursed medical expenses, and uninsured medical 
 92.34  expenses of the child. 
 92.35     (e) "National medical support notice" is an administrative 
 92.36  notice issued by the public authority to enforce medical support 
 93.1   provisions of a support order in accordance with Code of Federal 
 93.2   Regulations, title 45, section 303.32. 
 93.3      (f) "Public coverage" means health care benefits provided 
 93.4   by any form of medical assistance under chapter 256B or 
 93.5   MinnesotaCare under chapter 256L. 
 93.6      (g) "Uninsured medical expenses" means a child's reasonable 
 93.7   and necessary health-related expenses if the child is not 
 93.8   covered by a health plan or public coverage when the expenses 
 93.9   are incurred. 
 93.10     (h) "Unreimbursed medical expenses" means a child's 
 93.11  reasonable and necessary health-related expenses if a child is 
 93.12  covered by a health plan or public coverage and the plan or 
 93.13  coverage does not pay for the total cost of the expenses when 
 93.14  the expenses are incurred.  Unreimbursed medical expenses do not 
 93.15  include the cost of premiums.  Unreimbursed medical expenses 
 93.16  include, but are not limited to, deductibles, copayments, and 
 93.17  expenses for orthodontia, prescription eyeglasses and contact 
 93.18  lenses, and over-the-counter medicine. 
 93.19     Subd. 2.  [ORDER.] (a) A completed national medical support 
 93.20  notice issued by the public authority or a court order that 
 93.21  complies with this section is a qualified medical child support 
 93.22  order under the federal Employee Retirement Income Security Act 
 93.23  of 1974 (ERISA), United States Code, title 29, section 1169(a). 
 93.24     (b) Every order addressing child support must state: 
 93.25     (1) the names, last known addresses, and social security 
 93.26  numbers of the parents and the child that is a subject of the 
 93.27  order unless the court prohibits the inclusion of an address or 
 93.28  social security number and orders the parent to provide the 
 93.29  address and social security number to the administrator of the 
 93.30  health plan; 
 93.31     (2) whether appropriate health care coverage for the child 
 93.32  is available and, if so, state: 
 93.33     (i) which party must carry health care coverage; 
 93.34     (ii) the cost of premiums and how the cost is allocated 
 93.35  between the parties; 
 93.36     (iii) how unreimbursed expenses will be allocated and 
 94.1   collected by the parties; and 
 94.2      (iv) the circumstances, if any, under which the obligation 
 94.3   to provide health care coverage for the child will shift from 
 94.4   one party to the other; and 
 94.5      (3) if appropriate health care coverage is not available 
 94.6   for the child, whether a contribution for medical support is 
 94.7   required. 
 94.8      (c) The amount ordered for medical support is subject to a 
 94.9   cost-of-living adjustment under section 517C.31. 
 94.10     Subd. 3.  [DETERMINATION OF APPROPRIATE COVERAGE.] (a) In 
 94.11  determining whether a party has appropriate health care coverage 
 94.12  for the child, the court must evaluate the health plan using the 
 94.13  following factors: 
 94.14     (1) accessible coverage.  Dependent health care coverage is 
 94.15  accessible if the covered child can obtain services from a 
 94.16  health plan provider with reasonable effort by the parent with 
 94.17  whom the child resides.  Health care coverage is presumed 
 94.18  accessible if: 
 94.19     (i) primary care coverage is available within 30 minutes or 
 94.20  30 miles of the child's residence and specialty care coverage is 
 94.21  available within 60 minutes or 60 miles of the child's 
 94.22  residence; 
 94.23     (ii) the coverage is available through an employer and the 
 94.24  employee can be expected to remain employed for a reasonable 
 94.25  amount of time; and 
 94.26     (iii) no preexisting conditions exist to delay coverage 
 94.27  unduly; 
 94.28     (2) comprehensive coverage.  Dependent health care coverage 
 94.29  is comprehensive if it includes, at a minimum, medical and 
 94.30  hospital coverage and provides for preventive, emergency, acute, 
 94.31  and chronic care.  If both parties have health care coverage 
 94.32  that meets the minimum requirements, the court must determine 
 94.33  which health care coverage is more comprehensive by considering 
 94.34  whether the coverage includes: 
 94.35     (i) basic dental coverage; 
 94.36     (ii) orthodontics; 
 95.1      (iii) eyeglasses; 
 95.2      (iv) contact lenses; 
 95.3      (v) mental health services; or 
 95.4      (vi) substance abuse treatment; 
 95.5      (3) affordable coverage.  Dependent health care coverage is 
 95.6   affordable if a party's gross income is 150 percent of the 
 95.7   federal poverty guidelines or more and the party's contribution 
 95.8   to the health care coverage premium does not exceed five percent 
 95.9   of the party's gross income.  If a party's gross income is less 
 95.10  than 150 percent of the federal poverty guidelines, it is 
 95.11  presumed that the party is unable to contribute to the cost of 
 95.12  health care coverage unless health care is available at no or 
 95.13  low cost to that party; and 
 95.14     (4) the child's special medical needs, if any. 
 95.15     (b) If both parties have health care coverage available for 
 95.16  a child, and the court determines under paragraph (a), clauses 
 95.17  (1) and (2), that the available coverage is comparable with 
 95.18  regard to accessibility and comprehensiveness, the least costly 
 95.19  health care coverage is the appropriate health care coverage for 
 95.20  the child. 
 95.21     Subd. 4.  [COVERAGE.] (a) If a child is presently enrolled 
 95.22  in health care coverage, the court must order that the parent 
 95.23  who currently has the child enrolled continue that enrollment 
 95.24  unless the parties agree otherwise or a party requests a change 
 95.25  in coverage and the court determines that other health care 
 95.26  coverage is more appropriate. 
 95.27     (b) If a child is not presently enrolled in health care 
 95.28  coverage, upon motion of a party or the public authority, the 
 95.29  court must determine whether one or both parties have 
 95.30  appropriate health care coverage for the child and order the 
 95.31  party with appropriate health care coverage available to carry 
 95.32  the coverage for the child. 
 95.33     (c) If only one party has appropriate health care coverage 
 95.34  available, the court must order that party to carry the coverage 
 95.35  for the child. 
 95.36     (d) If both parties have appropriate health care coverage 
 96.1   available, the court must order the parent with whom the child 
 96.2   resides to carry the coverage for the child, unless: 
 96.3      (1) either party expresses a preference for coverage 
 96.4   available through the parent with whom the child does not 
 96.5   reside; 
 96.6      (2) the parent with whom the child does not reside is 
 96.7   already carrying dependent health care coverage for other 
 96.8   children and the cost of contributing to the premiums of the 
 96.9   other parent's coverage would cause the parent with whom the 
 96.10  child does not reside extreme hardship; or 
 96.11     (3) both parents agree to provide coverage and agree on the 
 96.12  allocation of costs. 
 96.13  If the exception in clause (1) or (2) applies, the court must 
 96.14  determine which party has the most appropriate coverage 
 96.15  available and order that party to carry coverage for the child.  
 96.16  If the court determines under subdivision 3, paragraph (a), 
 96.17  clauses (1) and (2), that the parties' health care coverage for 
 96.18  the child is comparable with regard to accessibility and 
 96.19  comprehensiveness, the court must order the party with the least 
 96.20  costly health care coverage to carry coverage for the child. 
 96.21     (e) If neither party has appropriate health care coverage 
 96.22  available, the court must order the parent with whom the child 
 96.23  does not reside to contribute toward the cost of public coverage 
 96.24  for the child or the child's uninsured medical expenses in an 
 96.25  amount equal to the lesser of: 
 96.26     (1) five percent of gross income; or 
 96.27     (2) the monthly amount the parent with whom the child does 
 96.28  not reside would pay for the child's premiums if the parent's 
 96.29  income meets the eligibility requirements for public coverage.  
 96.30  For purposes of determining the premium amount, a parent's 
 96.31  household size is equal to the parent plus the child who is the 
 96.32  subject of the child support order.  The court may order the 
 96.33  parent with whom the child resides to apply for public coverage 
 96.34  for the child. 
 96.35     Subd. 5.  [CALCULATING MEDICAL SUPPORT; UNREIMBURSED 
 96.36  MEDICAL EXPENSES.] (a) The court must calculate the cost of 
 97.1   medical support on line 7 of the presumptive child support 
 97.2   worksheet under section 517C.16.  Unless otherwise agreed by the 
 97.3   parties and approved by the court, the court must order that the 
 97.4   cost of health care coverage be divided between the obligor and 
 97.5   obligee based on their proportionate share of the parties' 
 97.6   combined gross income. 
 97.7      (b) If a party's obligation for health care coverage 
 97.8   premiums is greater than five percent of the party's gross 
 97.9   income, the court may order the other party to contribute more 
 97.10  for the cost of the premiums, if doing so would not result in 
 97.11  extreme hardship to that party.  If an additional contribution 
 97.12  causes a party extreme hardship, the court must order the 
 97.13  obligor to contribute the lesser of the two amounts under 
 97.14  subdivision 4, paragraph (e). 
 97.15     (c) The court must order that all unreimbursed medical 
 97.16  expenses be divided between the obligor and obligee based on 
 97.17  their proportionate share of the parties' combined gross income. 
 97.18     Subd. 6.  [ALLOCATING MEDICAL SUPPORT COSTS.] (a) If the 
 97.19  party ordered to carry health care coverage for the child 
 97.20  already carries dependent health care coverage for other 
 97.21  dependents and would incur no additional premium costs to add 
 97.22  the child to the existing coverage, the court must not order the 
 97.23  other party to contribute to the premium costs for coverage of 
 97.24  the child. 
 97.25     (b) If a party ordered to carry health care coverage for 
 97.26  the child does not already carry dependent health care coverage 
 97.27  but has other dependents who may be added to the ordered 
 97.28  coverage, the full premium costs of the dependent health care 
 97.29  coverage must be allocated between the parties in proportion to 
 97.30  the party's share of the parties' combined income available for 
 97.31  child support, unless the parties agree otherwise. 
 97.32     (c) If a party ordered to carry health care coverage for 
 97.33  the child is required to enroll in a health plan so that the 
 97.34  child can be enrolled in dependent health care coverage under 
 97.35  the plan, the court must allocate the costs of the dependent 
 97.36  health care coverage between the parties.  The costs of the 
 98.1   health care coverage for the party ordered to carry the coverage 
 98.2   for the child must not be allocated between the parties. 
 98.3      Subd. 7.  [NOTICE TO EMPLOYER BY PUBLIC AUTHORITY OR 
 98.4   COURT.] (a) A copy of the national medical support notice or 
 98.5   court order for health care coverage must be forwarded by the 
 98.6   public authority to the employer within two business days after 
 98.7   the date an employee is entered into the work reporting system 
 98.8   under section 256.998. 
 98.9      (b) If a party is ordered to carry health care coverage for 
 98.10  the child and the public authority provides support enforcement 
 98.11  services, the public authority must forward a copy of the 
 98.12  national medical support notice or notice of medical support 
 98.13  withholding to the party's employer or union and to the health 
 98.14  carrier when the conditions under paragraph (d) are met or when 
 98.15  ordered by the court. 
 98.16     (c) If the public authority does not provide support 
 98.17  enforcement services, the party seeking to enforce the order may 
 98.18  forward a copy of the court order for health care coverage for 
 98.19  the child to the employer or union of the party ordered to carry 
 98.20  coverage and to the health carrier when the conditions under 
 98.21  paragraph (d) are met or when ordered by the court. 
 98.22     (d) The public authority or party seeking to enforce the 
 98.23  order must forward a copy of the national medical support notice 
 98.24  or court order for health care coverage to the employer under 
 98.25  paragraphs (b) and (c) if: 
 98.26     (1) the party ordered to carry health care coverage for the 
 98.27  child fails to provide written proof to the other party or the 
 98.28  public authority, within 30 days of the effective date of the 
 98.29  court order, that health care coverage has been obtained for the 
 98.30  child; 
 98.31     (2) the other party or the public authority gives written 
 98.32  notice to the party ordered to carry health care coverage for 
 98.33  the child of intent to enforce medical support.  The other party 
 98.34  or public authority must mail the written notice to the last 
 98.35  known address of the party ordered to carry health care coverage 
 98.36  for the child; and 
 99.1      (3) the party ordered to carry health care coverage for the 
 99.2   child fails, within 15 days after the date on which the written 
 99.3   notice under clause (2) was mailed, to provide written proof to 
 99.4   the other party or the public authority that the party has 
 99.5   obtained health care coverage for the child. 
 99.6      Subd. 8.  [EFFECT OF ORDER.] (a) A new employer or union of 
 99.7   a party who is ordered to provide health care coverage for the 
 99.8   child must enroll the child in the party's health plan as 
 99.9   required by a national medical support notice or court order. 
 99.10     (b) If a health plan administrator receives a completed 
 99.11  national medical support notice, the plan administrator must 
 99.12  notify the public authority within 40 business days after the 
 99.13  date of the notice of the following: 
 99.14     (1) whether coverage is available to the child under the 
 99.15  terms of the health plan; 
 99.16     (2) whether the child is covered under the health plan; 
 99.17     (3) the effective date of the child's coverage under the 
 99.18  health plan; and 
 99.19     (4) what steps, if any, are required to effectuate the 
 99.20  child's coverage under the health plan. 
 99.21     (c) The plan administrator must also provide the public 
 99.22  authority and the parties with a notice of enrollment of the 
 99.23  child, description of the coverage, and any documents necessary 
 99.24  to effectuate coverage. 
 99.25     Subd. 9.  [CONTESTING ENROLLMENT.] (a) A party may contest 
 99.26  the enrollment of a child in a health plan on the limited 
 99.27  grounds that the enrollment is improper due to mistake of fact 
 99.28  or that the enrollment meets the requirements of section 517C.26.
 99.29  If the party chooses to contest the enrollment, the party must 
 99.30  do so no later than 15 days after the employer notifies the 
 99.31  party of the enrollment by doing the following: 
 99.32     (1) filing a request for hearing according to section 
 99.33  484.702; 
 99.34     (2) serving a copy of the request for hearing upon the 
 99.35  public authority and the other party; and 
 99.36     (3) securing a date for the matter to be heard no later 
100.1   than 45 days after the notice of enrollment. 
100.2      (b) The enrollment must remain in place while the party 
100.3   contests the enrollment. 
100.4      Subd. 10.  [EMPLOYER OR UNION REQUIREMENTS.] (a) An 
100.5   employer must send the national medical support notice to its 
100.6   health plan within 20 business days after the date on the 
100.7   national medical support notice. 
100.8      (b) An employer or union that is included under the federal 
100.9   Employee Retirement Income Security Act of 1974 (ERISA), United 
100.10  States Code, title 29, section 1169(a), may not deny enrollment 
100.11  to the child or to the parent if necessary to enroll the child 
100.12  based on exclusionary clauses described in section 62A.048. 
100.13     (c) Upon application of the party, or if a court orders a 
100.14  party to carry health insurance coverage for a child, the 
100.15  employer or union and its health plan must enroll the child as a 
100.16  beneficiary in the health plan and withhold any required 
100.17  premiums from the income or wages of the party ordered to carry 
100.18  health care coverage for the child. 
100.19     (d) If more than one plan is offered by the employer or 
100.20  union and the national medical support notice or court order 
100.21  does not specify the plan to be carried, the plan administrator 
100.22  must notify the parents and the public authority. 
100.23     (e) If the party ordered to carry health care coverage for 
100.24  the child is not enrolled in the health plan, the employer or 
100.25  union must also enroll the party in the chosen plan if 
100.26  enrollment of the party is necessary to obtain dependent health 
100.27  care coverage under the plan. 
100.28     (f) Enrollment of dependents and, if necessary, the party 
100.29  ordered to carry health care coverage for the child must be 
100.30  immediate and not dependent upon open enrollment periods.  
100.31  Enrollment is not subject to the underwriting policies under 
100.32  section 62A.048. 
100.33     (g) Failure of the party ordered to carry health care 
100.34  coverage for the child to execute any documents necessary to 
100.35  enroll the dependent in the health plan does not affect the 
100.36  obligation of the employer or union and health plan to enroll 
101.1   the dependent in a plan.  Information and authorization provided 
101.2   by the public authority, or by a party or guardian, is valid for 
101.3   the purposes of meeting enrollment requirements of the health 
101.4   plan. 
101.5      Subd. 11.  [EMPLOYER LIABILITY.] An employer or union that 
101.6   willfully fails to comply with the order is liable for any 
101.7   uninsured medical expenses incurred by the dependents while the 
101.8   dependents were eligible to be enrolled in the health plan and 
101.9   for any other premium costs incurred because the employer or 
101.10  union willfully failed to comply with the order.  An employer or 
101.11  union that fails to comply with the order is subject to a 
101.12  finding of contempt and a $250 civil penalty under section 
101.13  517C.57 and is also subject to a civil penalty of $500 to be 
101.14  paid to the party entitled to reimbursement or the public 
101.15  authority.  Penalties paid to the public authority are 
101.16  designated for child support enforcement services. 
101.17     Subd. 12.  [DISENROLLMENT; CONTINUATION OF COVERAGE; 
101.18  OPTIONS IN COVERAGE.] (a) A child for whom a party is required 
101.19  to provide health care coverage under this section must be 
101.20  covered as a dependent of the party until the child is 
101.21  emancipated, until further order of the court, or as consistent 
101.22  with the terms of the coverage. 
101.23     (b) The health carrier, employer, or union may not 
101.24  disenroll or eliminate coverage for the child unless: 
101.25     (1) the health carrier, employer, or union is provided 
101.26  satisfactory written evidence that the court order is no longer 
101.27  in effect; 
101.28     (2) the child is or will be enrolled in comparable health 
101.29  care coverage through another health plan that will take effect 
101.30  no later than the effective date of the disenrollment; 
101.31     (3) the employee is no longer eligible for dependent 
101.32  coverage; or 
101.33     (4) the required premium has not been paid by or on behalf 
101.34  of the child. 
101.35     (c) If disenrollment or elimination of coverage of a child 
101.36  under this subdivision is based upon nonpayment of premiums, the 
102.1   health plan must provide 30 days' written notice to the child's 
102.2   parents and the public authority, if the public authority is 
102.3   providing support enforcement services, prior to the 
102.4   disenrollment or elimination of coverage. 
102.5      (d) A child enrolled in health care coverage under a 
102.6   qualified medical child support order, including a national 
102.7   medical support notice, under this section is a dependent and a 
102.8   qualified beneficiary under the Consolidated Omnibus Budget and 
102.9   Reconciliation Act of 1985 (COBRA), Public Law Number 99-272.  
102.10  Upon expiration of the order, the child is entitled to the 
102.11  opportunity to elect continued coverage that is available under 
102.12  the health plan.  Notice must be provided by the employer or 
102.13  union to the parties and the public authority, if it provides 
102.14  child support services, within ten days of the termination date. 
102.15     (e) If the public authority provides support enforcement 
102.16  services and a plan administrator reports to the public 
102.17  authority that there is more than one coverage option available 
102.18  under the health plan, the public authority, in consultation 
102.19  with the parents, must promptly select coverage from the 
102.20  available options.  If the parents fail to cooperate in a 
102.21  reasonable period of time, the public authority must select 
102.22  coverage from the available health plan options. 
102.23     Subd. 13.  [SPOUSAL OR FORMER SPOUSAL COVERAGE.] The court 
102.24  must require the parent with whom the child does not reside to 
102.25  provide dependent health care coverage for the benefit of the 
102.26  parent with whom the child resides if the parent with whom the 
102.27  child does not reside is ordered to provide dependent health 
102.28  care coverage for the parties' child and adding the other parent 
102.29  to the coverage results in no additional premium cost to the 
102.30  parent with whom the child does not reside. 
102.31     Subd. 14.  [PLAN REIMBURSEMENT.] The signature of a parent 
102.32  of the insured child is a valid authorization to a health plan 
102.33  for purposes of processing an insurance reimbursement payment to 
102.34  the provider of the medical services or to the parent if medical 
102.35  services have been prepaid by that parent. 
102.36     Subd. 15.  [CORRESPONDENCE AND NOTICE.] The health plan 
103.1   must send copies of all correspondence regarding the health care 
103.2   coverage to both parents. 
103.3      Subd. 16.  [DISCLOSURE OF INFORMATION.] (a) Parties must 
103.4   provide the public authority with the following information when 
103.5   support enforcement services are provided: 
103.6      (1) information relating to dependent health care coverage 
103.7   or public coverage available for the benefit of the child for 
103.8   whom support is sought, including all information required to be 
103.9   included in a medical support order under this section; 
103.10     (2) verification that application for court-ordered health 
103.11  care coverage was made within 30 days of the court's order; and 
103.12     (3) the reason that a child is not enrolled in 
103.13  court-ordered health care coverage, if a child is not enrolled 
103.14  in coverage or subsequently loses coverage. 
103.15     (b) Upon request from the public authority under section 
103.16  256.978, an employer, union, or plan administrator, including an 
103.17  employer subject to the federal Employee Retirement Income 
103.18  Security Act of 1974 (ERISA), United States Code, title 29, 
103.19  section 1169(a), must provide the public authority the following 
103.20  information: 
103.21     (1) information relating to dependent health care coverage 
103.22  available to a party for the benefit of the child for whom 
103.23  support is sought, including all information required to be 
103.24  included in a medical support order under this section; and 
103.25     (2) information that will enable the public authority to 
103.26  determine whether a health plan is appropriate for a child, 
103.27  including, but not limited to, all available plan options, any 
103.28  geographic service restrictions, and the location of service 
103.29  providers. 
103.30     (c) The employer, union, or plan administrator must not 
103.31  release information regarding one party to the other party.  The 
103.32  employer, union, or plan administrator must provide both parties 
103.33  with insurance identification cards and all necessary written 
103.34  information to enable the parties to utilize the insurance 
103.35  benefits for the covered dependents. 
103.36     (d) The public authority is authorized to release to a 
104.1   party's employer, union, or health plan information necessary to 
104.2   obtain or enforce medical support. 
104.3      (e) An employee must disclose to an employer if medical 
104.4   support is required to be withheld under this section and the 
104.5   employer must begin withholding according to the terms of the 
104.6   order and under section 517C.52.  If an employee discloses an 
104.7   obligation to obtain health care coverage and coverage is 
104.8   available through the employer, the employer must make all 
104.9   application processes known to the individual and enroll the 
104.10  employee and dependent in the plan under subdivision 10. 
104.11     Subd. 17.  [APPLICATION FOR CHILD SUPPORT ENFORCEMENT 
104.12  SERVICES.] The public authority must take necessary steps to 
104.13  establish and enforce an order for medical support if the child 
104.14  receives public assistance or a party completes an application 
104.15  for services from the public authority. 
104.16     Subd. 18.  [ENFORCEMENT.] (a) Remedies available for the 
104.17  collection and enforcement of child support apply to medical 
104.18  support.  For the purpose of enforcement, the costs of 
104.19  individual or group health or hospitalization coverage, dental 
104.20  coverage, all medical costs ordered by the court to be paid by 
104.21  either party, including health and dental insurance premiums 
104.22  paid by the obligee because of the obligor's failure to obtain 
104.23  coverage as ordered, or liabilities established under this 
104.24  subdivision, are additional support. 
104.25     (b) If a party owes a basic support obligation for a child 
104.26  and is ordered to carry health care coverage for the child, and 
104.27  the other party is ordered to contribute to the carrying party's 
104.28  cost for coverage, the carrying party's basic support payment 
104.29  must be reduced by the amount of the contributing party's 
104.30  contribution. 
104.31     (c) If a party owes a basic support obligation for a child 
104.32  and is ordered to contribute to the other party's cost for 
104.33  carrying health care coverage for the child, the contributing 
104.34  party's basic support payment must be increased by the amount of 
104.35  the contribution. 
104.36     (d) If a party owes no basic support obligation for a child 
105.1   and is ordered to contribute to the other party's cost for 
105.2   carrying health care coverage for the child, the contributing 
105.3   party is subject to income withholding under section 517C.52 for 
105.4   the amount of the contribution to the carrying party's cost for 
105.5   health care coverage for the child. 
105.6      (e) If a party's court-ordered health care coverage for the 
105.7   child terminates and the child is not enrolled in other health 
105.8   care coverage or public coverage, and a modification motion is 
105.9   not pending, the public authority may remove the offset to the 
105.10  basic support obligation or terminate income withholding 
105.11  instituted against a party under section 517C.52.  The public 
105.12  authority must provide notice to the parties of the action taken.
105.13     (f) A party may contest the action of the public authority 
105.14  to remove the offset to the basic support obligation or 
105.15  terminate income withholding if the party makes a written 
105.16  request for a hearing within 30 days after receiving written 
105.17  notice.  If a party makes a timely request for a hearing, the 
105.18  public authority must schedule a hearing and give written notice 
105.19  of the hearing to the parties at least 14 days before the 
105.20  hearing.  The written notice of the hearing must be sent by mail 
105.21  to the parties' last known addresses.  The hearing must be 
105.22  conducted in district court or in the expedited child support 
105.23  process if section 484.702 applies.  The district court or child 
105.24  support magistrate must determine whether removal of the offset 
105.25  or termination of income withholding is appropriate and, if 
105.26  appropriate, the effective date for the removal or termination.  
105.27  If the party does not request a hearing, the court must order 
105.28  the offset or termination effective the first day of the month 
105.29  following termination of the child's health care coverage. 
105.30     (g) A party who fails to carry court-ordered dependent 
105.31  health care coverage is liable for the child's uninsured medical 
105.32  expenses unless a court order provides otherwise.  A party's 
105.33  failure to carry court-ordered coverage, or to provide other 
105.34  medical support as ordered, is a basis for modification of a 
105.35  support order under section 517C.28. 
105.36     (h) Payments by the health carrier or employer for services 
106.1   rendered to the dependents that are directed to a party not owed 
106.2   reimbursement must be endorsed over to and forwarded to the 
106.3   vendor or appropriate party or the public authority.  A party 
106.4   retaining insurance reimbursement not owed to the party is 
106.5   liable for the amount of the reimbursement. 
106.6      Subd. 19.  [COLLECTING UNREIMBURSED AND UNINSURED MEDICAL 
106.7   EXPENSES.] (a) A request for reimbursement of unreimbursed and 
106.8   uninsured medical expenses must be initiated within two years of 
106.9   the date that the unreimbursed or uninsured medical expenses 
106.10  were incurred.  The time period in this paragraph does not apply 
106.11  if the location of the other parent is unknown. 
106.12     (b) A party seeking reimbursement of unreimbursed and 
106.13  uninsured medical expenses must mail the other party written 
106.14  notice of intent to collect the expenses and an affidavit of 
106.15  health care expenses to the other party at the party's last 
106.16  known address.  The affidavit of health care expenses must 
106.17  itemize and document the child's unreimbursed or uninsured 
106.18  medical expenses.  A copy of the bills, receipts, and the 
106.19  insurance company's explanation of the benefits must be attached 
106.20  to the affidavit.  The written notice must include a statement 
106.21  that the party has 30 days from the date of mailing the notice 
106.22  to pay in full, enter a payment agreement, or file a motion 
106.23  requesting a hearing contesting the matter.  If the public 
106.24  authority provides support enforcement services, the written 
106.25  notice also must include a statement that the requesting party 
106.26  must submit the amount due to the public authority for 
106.27  collection.  
106.28     (c) If, after 30 days, the other party has not paid in 
106.29  full, the parties are unable to enter a payment agreement, or 
106.30  the other party has not filed a motion contesting the matter, 
106.31  and: 
106.32     (1) if the public authority provides support enforcement 
106.33  services, the requesting party must send the original affidavit, 
106.34  a copy of the written notice, and copies of the bills, receipts, 
106.35  and the insurance company's explanation of the benefits to the 
106.36  public authority.  The public authority must serve the other 
107.1   party with a notice of intent to enforce unreimbursed and 
107.2   uninsured medical expenses and file an affidavit of service by 
107.3   mail with the district court administrator.  The notice must 
107.4   provide that, unless the other party pays in full, enters into a 
107.5   payment agreement, or files a motion contesting the matter 
107.6   within 14 days of service of the notice, the public authority 
107.7   will commence enforcement under subdivision 20; or 
107.8      (2) if the public authority does not provide support 
107.9   enforcement services, the requesting party may move the court 
107.10  for enforcement. 
107.11     (d) If the party who receives notice under paragraph (b) or 
107.12  (c), clause (1), files a timely motion for a hearing contesting 
107.13  the requested reimbursement, a hearing must be scheduled in 
107.14  district court or in the expedited child support process if 
107.15  section 484.702 applies.  The contesting party must provide the 
107.16  party seeking reimbursement and the public authority, if the 
107.17  public authority provides support enforcement services, with 
107.18  written notice of the hearing at least 14 days before the 
107.19  hearing by mailing notice of the hearing to the public authority 
107.20  and the party at the party's last known address.  The party 
107.21  seeking reimbursement must file the original affidavit of health 
107.22  care expenses with the court at least five days before the 
107.23  hearing.  Based upon the evidence presented, the court must 
107.24  determine liability for the expenses and order that the liable 
107.25  party is subject to enforcement of the expenses as medical 
107.26  support arrears under subdivision 20. 
107.27     Subd. 20.  [ENFORCING AN ORDER FOR MEDICAL SUPPORT 
107.28  ARREARS.] (a) If a party liable for unreimbursed and uninsured 
107.29  medical expenses under subdivision 19 owes a basic support 
107.30  obligation to the party seeking reimbursement of the expenses, 
107.31  the expenses must be collected as medical support arrears as 
107.32  follows: 
107.33     (1) if income withholding under section 517C.52 is 
107.34  available, medical support arrears must be withheld from a 
107.35  liable party's income or wages pursuant to section 517C.60; or 
107.36     (2) if income withholding under section 517C.52 is not 
108.1   available, a liable party must pay medical support arrears under 
108.2   the terms of a payment agreement under section 517C.71.  If a 
108.3   liable party fails to enter into or comply with a payment 
108.4   agreement, the party seeking reimbursement or the public 
108.5   authority, if it provides support enforcement services, may 
108.6   schedule a hearing to have a court order payment.  The party 
108.7   seeking reimbursement or the public authority must provide the 
108.8   liable party with written notice of the hearing at least 14 days 
108.9   before the hearing. 
108.10     (b) If a party liable for unreimbursed and uninsured 
108.11  medical expenses does not owe a basic support obligation to the 
108.12  party seeking reimbursement, and the party seeking reimbursement 
108.13  owes the liable party child support arrears, the liable party's 
108.14  medical support arrears under subdivision 19 must be deducted 
108.15  from the amount of the child support arrears.  If a liable party 
108.16  owes medical support arrears after deducting the amount owed 
108.17  from the amount of the child support arrears owed by the party 
108.18  seeking reimbursement, it must be collected as follows: 
108.19     (1) if the party seeking reimbursement owes a basic support 
108.20  obligation to the liable party, the basic support obligation 
108.21  must be reduced by 20 percent until the medical support arrears 
108.22  are satisfied; 
108.23     (2) if the party seeking reimbursement does not owe a basic 
108.24  support obligation to the liable party, the liable party's 
108.25  income must be subject to income withholding under section 
108.26  517C.52 for an amount required under section 517C.71 until the 
108.27  medical support arrears are satisfied; or 
108.28     (3) if the party seeking reimbursement does not owe a basic 
108.29  support obligation, and income withholding under section 517C.52 
108.30  is not available, payment of the medical support arrears must be 
108.31  required under a payment agreement under section 517C.71. 
108.32     Sec. 17.  [517C.16] [PRESUMPTIVE CHILD SUPPORT WORKSHEET.] 
108.33     The court must use the following worksheet to determine the 
108.34  presumptive child support order: 
108.35     1.  Monthly Income: 
108.36     a.  Obligor:  ....... 
109.1      b.  Obligee:  ....... 
109.2      2.  Parents' Combined Income:  line 1a plus line 1b:  ..... 
109.3      3.  Parental Share: 
109.4      a.  Obligor:  line 1a divided by line 2:  ....... 
109.5      b.  Obligee:  line 1b divided by line 2:  ....... 
109.6      4.  Basic Needs: 
109.7      a.  Shared Responsibility: 
109.8      Parents combined monthly income 
109.9      x .09 
109.10     + 300 
109.11     =....... (one child) 
109.12     x 1.61 (two children)= ....... 
109.13     x 1.86 (three children)= ....... 
109.14     x 2.06 (four children)= ....... 
109.15     x 2.26 (five children)= ....... 
109.16     x 2.46 (six children)= ....... 
109.17     b.  Obligor Proportionate Responsibility:  line 3a 
109.18  multiplied by line 4a:  ....... 
109.19     c.  Obligee Proportionate Responsibility:  line 3b 
109.20  multiplied by line 4a:  ....... 
109.21     5.  Basic Needs Obligation After Parenting Time Adjustment: 
109.22     Parenting time division approximates joint physical custody:
109.23     Line 4b 
109.24     - Line 4c 
109.25     x .5 
109.26     = ..... 
109.27     6.  Child Care Needs (complete appropriate section): 
109.28     a.  Obligor paying for child care:  cost of child care 
109.29  (.......) multiplied by line 3b:  ....... (deduct from support 
109.30  obligation) 
109.31     b.  Obligee paying for child care or obligor's income 
109.32  exceeds eligibility requirements for basic sliding fee child 
109.33  care; not receiving basic sliding fee child care:  cost of child 
109.34  care (.......) multiplied by line 3a:  ........ 
109.35     c.  Obligee receiving basic sliding fee child care:  order 
109.36  reimbursement to the state in an amount equal to copayment 
110.1   obligor would make, based on line 1a, if obligor was receiving 
110.2   basic sliding fee child care:  ....... 
110.3      7.  Medical Support (complete appropriate section): 
110.4      a.  Obligor providing health care coverage:  line 3b 
110.5   multiplied by cost of health care coverage:  ....... (deduct 
110.6   from support obligation) 
110.7      b.  Obligee providing health care coverage:  line 3a 
110.8   multiplied by cost of health care coverage:  ....... 
110.9      c.  Obligor and obligee do not have appropriate health care 
110.10  coverage:  obligor must pay the lesser of the following amounts: 
110.11     (i) the monthly premium amount obligor would pay if 
110.12  obligor's income meets the income eligibility requirements for 
110.13  public coverage:  ....... or 
110.14     (ii) five percent of obligor's monthly gross income, if 
110.15  obligor's income does not meet the eligibility requirements for 
110.16  public coverage:  ....... 
110.17     8.  Presumed child support amount:  add (or subtract, when 
110.18  appropriate) amounts from lines 5, 6, and 7:  ....... 
110.19     Sec. 18.  [517C.17] [DEVIATIONS.] 
110.20     Subdivision 1.  [GENERAL FACTORS.] In addition to the child 
110.21  support guidelines, the court must take into consideration the 
110.22  following factors in setting or modifying child support or in 
110.23  determining whether to deviate from the guidelines: 
110.24     (1) all earnings, income, and resources of the parents, 
110.25  including real and personal property, but excluding income from 
110.26  excess employment of the obligor or obligee that meets the 
110.27  criteria of section 517C.12, subdivision 5; 
110.28     (2) the financial needs and resources, physical and 
110.29  emotional condition, and educational needs of the child to be 
110.30  supported; 
110.31     (3) the standard of living the child would have enjoyed had 
110.32  the marriage not been dissolved, but recognizing that the 
110.33  parents now have separate households; 
110.34     (4) which parent receives the income taxation dependency 
110.35  exemption and the financial benefit the parent receives from it; 
110.36     (5) the parents' debts as provided in subdivision 2; 
111.1      (6) the obligor's receipt of public assistance under the 
111.2   AFDC program formerly codified under sections 256.72 to 256.82 
111.3   or 256B.01 to 256B.40 and chapter 256J or 256K; and 
111.4      (7) the child spends between 33 and 45 percent of 
111.5   overnights with the obligor pursuant to a court order or with 
111.6   the consent of the obligee, which results in an increased 
111.7   financial burden on the obligor. 
111.8      Subd. 2.  [DEBT.] In establishing or modifying a support 
111.9   obligation, the court may consider debts owed to private 
111.10  creditors, but only if: 
111.11     (1) the right to support has not been assigned under 
111.12  section 256.741; 
111.13     (2) the court determines that the debt was reasonably 
111.14  incurred for necessary support of the child or parent or for the 
111.15  necessary generation of income.  If the debt was incurred for 
111.16  the necessary generation of income, the court may consider only 
111.17  the amount of debt that is essential to the continuing 
111.18  generation of income; and 
111.19     (3) the party requesting a departure produces a sworn 
111.20  schedule of the debts, with supporting documentation, showing 
111.21  goods or services purchased, the recipient of them, the amount 
111.22  of the original debt, the outstanding balance, the monthly 
111.23  payment, and the number of months until the debt will be fully 
111.24  paid. 
111.25     (b) A schedule prepared under paragraph (a), clause (3), 
111.26  must contain a statement that the debt will be fully paid after 
111.27  the number of months shown in the schedule, barring emergencies 
111.28  beyond the party's control. 
111.29     (c) Any further departure below the guidelines that is 
111.30  based on a consideration of debts owed to private creditors must 
111.31  not exceed 18 months in duration.  After 18 months the support 
111.32  must increase automatically to the level ordered by the court.  
111.33  This section does not prohibit one or more step increases in 
111.34  support to reflect debt retirement during the 18-month period. 
111.35     (d) If payment of debt is ordered pursuant to this section, 
111.36  the payment must be ordered to be in the nature of child support.
112.1      Subd. 3.  [EVIDENCE.] The court may receive evidence on the 
112.2   factors in this section to determine if the guidelines should be 
112.3   exceeded or modified in a particular case. 
112.4      Subd. 4.  [NO DEVIATION WHEN PAYMENTS ARE MADE TO THE 
112.5   PUBLIC AUTHORITY EXCEPT FOR EXTREME HARDSHIP.] If the child 
112.6   support payments are assigned to the public authority, the court 
112.7   may not deviate downward from the child support guidelines 
112.8   unless the court specifically finds that the failure to deviate 
112.9   downward would impose an extreme hardship on the obligor. 
112.10     Subd. 5.  [NO DEPARTURE BASED ON JOINT LEGAL CUSTODY.] An 
112.11  award of joint legal custody is not a reason for departure from 
112.12  the guidelines. 
112.13     Sec. 19.  [517C.18] [WRITTEN FINDINGS.] 
112.14     Subdivision 1.  [NO DEVIATION.] If the court does not 
112.15  deviate from the guidelines, the court must make written 
112.16  findings concerning the amount of the parties' income used as 
112.17  the basis for the guidelines calculation and any other 
112.18  significant evidentiary factors affecting the determination of 
112.19  child support. 
112.20     Subd. 2.  [DEVIATION.] (a) If the court deviates from the 
112.21  guidelines, the court must make written findings giving the 
112.22  amount of support calculated under the guidelines, the reasons 
112.23  for the deviation, and must specifically address the criteria in 
112.24  section 517C.17 and how the deviation serves the best interests 
112.25  of the child. 
112.26     (b) The court may deviate from the guidelines if both 
112.27  parties agree and the court makes written findings that it is in 
112.28  the best interests of the child, except that in cases where 
112.29  child support payments are assigned to the public authority 
112.30  under section 256.741, the court may deviate downward only as 
112.31  provided in section 517C.17, subdivision 4.  Nothing in this 
112.32  section prohibits the court from deviating in other cases. 
112.33     Subd. 3.  [WRITTEN FINDINGS REQUIRED IN EVERY CASE.] The 
112.34  provisions of this section apply whether or not the parties are 
112.35  each represented by independent counsel and have entered into a 
112.36  written agreement.  The court must review stipulations presented 
113.1   to it for conformity to the guidelines.  The court is not 
113.2   required to conduct a hearing, but the parties must provide the 
113.3   documentation of earnings required under section 517C.10. 
113.4      Sec. 20.  [517C.19] [GUIDELINES REVIEW.] 
113.5      No later than 2004 and every four years after that, the 
113.6   department of human services must conduct a review of the child 
113.7   support guidelines. 
113.8      Sec. 21.  [517C.20] [EDUCATION TRUST FUND.] 
113.9      The parties may agree to designate a sum of money above 
113.10  court-ordered child support as a trust fund for the costs of 
113.11  post-secondary education. 
113.12     Sec. 22.  [517C.25] [MODIFICATION; GENERAL.] 
113.13     Subdivision 1.  [AUTHORITY.] After a child support order is 
113.14  established, the court may, on motion of a party, modify the 
113.15  order respecting the amount and payment of support.  The court 
113.16  may make an order respecting any matters it had authority to 
113.17  address in the original proceeding, except as otherwise provided 
113.18  in section 517C.29.  A party or the public authority also may 
113.19  make a motion for contempt of court if the obligor is in arrears 
113.20  in support payments. 
113.21     Subd. 2.  [GUIDELINES REMAIN APPLICABLE.] On a motion for 
113.22  modification of support, the guidelines in this chapter remain 
113.23  applicable. 
113.24     Subd. 3.  [EVIDENTIARY HEARING NOT REQUIRED.] The court 
113.25  need not hold an evidentiary hearing on a motion for 
113.26  modification of child support. 
113.27     Subd. 4.  [FORM.] The state court administrator must 
113.28  prepare and make available to courts, obligors, and obligees a 
113.29  form to be submitted in support of a motion for a modification 
113.30  of child support or for contempt of court. 
113.31     Sec. 23.  [517C.26] [REOPENING AN ORDER.] 
113.32     Subdivision 1.  [FACTORS.] Upon the motion of a party, the 
113.33  court may rescind a child support order or judgment and may 
113.34  issue a new order or grant other relief as may be just for the 
113.35  following reasons: 
113.36     (1) mistake, inadvertence, surprise, or excusable neglect; 
114.1      (2) newly discovered evidence that could not have been 
114.2   discovered by due diligence in time to move for a new trial 
114.3   under the rules of civil procedure; 
114.4      (3) fraud, whether denominated intrinsic or extrinsic, 
114.5   misrepresentation, or other misconduct of an adverse party; 
114.6      (4) the judgment or order is void; 
114.7      (5) the judgment has been satisfied, released, or 
114.8   discharged; 
114.9      (6) the judgment is based on a prior order that has been 
114.10  reversed or otherwise vacated; or 
114.11     (7) it is no longer equitable that the order should have 
114.12  prospective application. 
114.13     Subd. 2.  [PROCEDURE; EFFECT.] The motion must be made 
114.14  within a reasonable time, and, for a reason under subdivision 1, 
114.15  clause (1), (2), or (3), not more than one year after the 
114.16  judgment and decree, order, or proceeding was entered or taken.  
114.17  A motion under this section does not affect the finality of an 
114.18  order or suspend its operation.  This section does not limit the 
114.19  power of a court to entertain an independent action to relieve a 
114.20  party from an order or proceeding or to grant relief to a party 
114.21  not actually personally notified as provided in the rules of 
114.22  civil procedure, or to set aside a judgment for fraud upon the 
114.23  court. 
114.24     Sec. 24.  [517C.27] [CHANGE IN CUSTODY OR PARENTING TIME.] 
114.25     Subdivision 1.  [OFFICIAL CHANGE IN CUSTODY.] If an obligee 
114.26  has been granted sole physical custody of a child, the child 
114.27  subsequently lives with the obligor, and temporary sole physical 
114.28  custody has been approved by the court or by a court-appointed 
114.29  referee, the court may suspend the obligor's child support 
114.30  obligation pending the final custody determination.  The court's 
114.31  order denying the suspension of child support must include a 
114.32  written explanation of the reasons why continuation of the child 
114.33  support obligation would be in the best interests of the child. 
114.34     Subd. 2.  [UNOFFICIAL CHANGE IN CUSTODY.] The court may 
114.35  conclude that an obligor has satisfied a child support 
114.36  obligation by providing a home, care, and support for the child 
115.1   while the child is living with the obligor, if the court finds 
115.2   that the child was integrated into the family of the obligor 
115.3   with the consent of the obligee and child support payments were 
115.4   not assigned to the public authority. 
115.5      Subd. 3.  [30-DAY CHANGE.] A support order issued under 
115.6   this chapter may provide that during any period of time of 30 
115.7   consecutive days or longer that the child is residing with the 
115.8   obligor, the amount of support otherwise due under the order may 
115.9   be reduced. 
115.10     Sec. 25.  [517C.28] [SUBSTANTIAL CHANGE IN CIRCUMSTANCES, 
115.11  EARNINGS, OR NEEDS.] 
115.12     Subdivision 1.  [FACTORS.] The terms of a child support 
115.13  order may be modified upon a showing of one or more of the 
115.14  following: 
115.15     (1) substantially increased or decreased earnings of a 
115.16  party; 
115.17     (2) substantially increased or decreased need of a party or 
115.18  the child that is the subject of these proceedings; 
115.19     (3) receipt of assistance under the AFDC program formerly 
115.20  codified under sections 256.72 to 256.87 or 256B.01 to 256B.40 
115.21  or chapter 256J or 256K; 
115.22     (4) a change in the cost of living for either party, as 
115.23  measured by the federal Bureau of Statistics, that makes the 
115.24  terms unreasonable and unfair; 
115.25     (5) extraordinary medical expenses of the child not 
115.26  provided for under section 517C.15; 
115.27     (6) the addition of work-related or education-related child 
115.28  care expenses of the obligee or a substantial increase or 
115.29  decrease in existing work-related or education-related child 
115.30  care expenses; or 
115.31     (7) upon the emancipation of a child if there is still a 
115.32  child under the order.  A child support obligation for two or 
115.33  more children that is not a support obligation in a specific 
115.34  amount per child continues in the full amount until modified or 
115.35  until the emancipation of the last child for whose benefit the 
115.36  order was made. 
116.1      Subd. 2.  [PRESUMPTIONS.] It is presumed that there has 
116.2   been a substantial change in circumstances under subdivision 1 
116.3   and the terms of a current support order are rebuttably presumed 
116.4   to be unreasonable and unfair if: 
116.5      (1) when applied to the current circumstances of the 
116.6   parties, the presumptive child support amount derived under this 
116.7   chapter is at least 20 percent and at least $50 per month higher 
116.8   or lower than the current support order; 
116.9      (2) the medical support provisions of the order established 
116.10  under section 517C.15 are not enforceable by the public 
116.11  authority or the obligee; 
116.12     (3) health insurance coverage ordered under section 517C.15 
116.13  is not available to the child for whom the order is established 
116.14  by the parent ordered to provide it; or 
116.15     (4) the existing support obligation is in the form of a 
116.16  statement of percentage and not a specific dollar amount. 
116.17     Subd. 3.  [SUBSEQUENT CHILD.] The needs of a subsequent 
116.18  child must not be factored into a support guidelines 
116.19  calculation.  The fact that an obligor had an additional child 
116.20  after the entry of a child support order is not grounds for a 
116.21  modification to decrease the amount of support owed.  However, 
116.22  the fact that an obligor has a subsequent child must be 
116.23  considered in response to a request by an obligee for a 
116.24  modification to increase child support.  In order to deviate 
116.25  from the presumptive support amount derived under this chapter 
116.26  to consider the needs of a subsequent child, the trial court 
116.27  must: 
116.28     (1) find the obligor's total ability to contribute to 
116.29  dependent children, taking into account the obligor's income and 
116.30  reasonable expenses exclusive of child care.  The obligor's 
116.31  expenses must be: 
116.32     (i) reduced as appropriate to take into account 
116.33  contributions to those costs by other adults who share the 
116.34  obligor's current household; and 
116.35     (ii) apportioned between the parent and a subsequent child 
116.36  with regard to shared benefits, including, but not limited to, 
117.1   housing and transportation; 
117.2      (2) find the total needs of all the obligor's children, and 
117.3   if these needs are less than the obligor's ability to pay, the 
117.4   needs may become the obligor's child support obligation.  When 
117.5   considering the needs of a subsequent child, the trial court 
117.6   must reduce those amounts as appropriate to take into account 
117.7   the ability to contribute to those needs by another parent of 
117.8   the child; 
117.9      (3) make specific findings on the needs of the child or 
117.10  children who are the subject of the support order under 
117.11  consideration; and 
117.12     (4) exercise discretion to fairly determine the current 
117.13  support obligation and the contribution left available for other 
117.14  children, considering that the support obligation being 
117.15  determined should be in an amount at least equal to the 
117.16  contribution for a subsequent child. 
117.17     Sec. 26.  [517C.29] [MODIFICATION EFFECTIVE DATE.] 
117.18     Subdivision 1.  [DATE OF MOTION DETERMINATIVE.] A 
117.19  modification of support, including interest that accrued 
117.20  pursuant to section 548.091, may be made effective no sooner 
117.21  than the date of service of notice of the motion for 
117.22  modification on the responding parties. 
117.23     Subd. 2.  [RETROACTIVE MODIFICATION PERMITTED ONLY IN 
117.24  LIMITED CIRCUMSTANCES.] Notwithstanding subdivision 1, 
117.25  modification may be applied to an earlier period if the court 
117.26  makes express findings that: 
117.27     (1) the party seeking modification was precluded from 
117.28  serving a motion by reason of a significant physical or mental 
117.29  disability, a material misrepresentation of another party, or 
117.30  fraud upon the court; and the party seeking modification, when 
117.31  no longer precluded, promptly served a motion; 
117.32     (2) the party seeking modification was a recipient of 
117.33  federal Supplemental Security Income (SSI), Title II Older 
117.34  Americans Insurance, Survivor's Disability Insurance (OASDI), 
117.35  other disability benefits, or public assistance based upon need 
117.36  during the period for which retroactive modification is sought; 
118.1      (3) the order the party seeks to amend was entered by 
118.2   default, the party shows good cause for not appearing, and the 
118.3   record contains no factual evidence, or clearly erroneous 
118.4   evidence, regarding the obligor's ability to pay; or 
118.5      (4) the party seeking modification was institutionalized or 
118.6   incarcerated for an offense other than nonsupport of a child 
118.7   during the period for which retroactive modification is sought 
118.8   and lacked the financial ability to pay the support ordered 
118.9   during that time period.  In determining whether to allow the 
118.10  retroactive modification, the court must consider whether and 
118.11  when a request was made to the public authority for support 
118.12  modification. 
118.13     Subd. 3.  [CHILD CARE EXCEPTION.] The court may provide 
118.14  that a reduction in the amount allocated for child care expenses 
118.15  based on a substantial decrease in the expenses is effective as 
118.16  of the date the expenses decreased. 
118.17     Sec. 27.  [517C.30] [TERMINATION OF CHILD SUPPORT.] 
118.18     Subdivision 1.  [DEATH OF OBLIGOR.] Unless otherwise agreed 
118.19  in writing or expressly provided in the order, provisions for 
118.20  the support of a child are not terminated by the death of a 
118.21  parent obligated to support the child.  When a parent obligated 
118.22  to pay support dies, the amount of support may be modified, 
118.23  revoked, or commuted to a lump sum payment, to the extent just 
118.24  and appropriate in the circumstances. 
118.25     Subd. 2.  [AUTOMATIC TERMINATION.] (a) Unless a court order 
118.26  provides otherwise, a child support obligation in a specific 
118.27  amount per child terminates automatically and without any action 
118.28  by the obligor to reduce, modify, or terminate the order upon 
118.29  the emancipation of the child. 
118.30     (b) A child support obligation for two or more children 
118.31  that is not a support obligation in a specific amount per child 
118.32  continues in the full amount until the emancipation of the last 
118.33  child for whose benefit the order was made, or until further 
118.34  order of the court. 
118.35     (c) The obligor may request a modification of the obligor's 
118.36  child support order upon the emancipation of a child if there 
119.1   are still minor children under the order.  The child support 
119.2   obligation shall be determined based on the income of the 
119.3   parties at the time the modification is sought. 
119.4      Sec. 28.  [517C.31] [COST-OF-LIVING ADJUSTMENTS.] 
119.5      Subdivision 1.  [GENERAL.] An order establishing, 
119.6   modifying, or enforcing child support must provide for a 
119.7   biennial adjustment in the amount to be paid based on a change 
119.8   in the cost of living.  Cost-of-living adjustments are 
119.9   compounded. 
119.10     Subd. 2.  [WAIVER.] A court may waive the requirement of 
119.11  the cost-of-living clause if it expressly finds that the 
119.12  obligor's occupation or income, or both, does not provide for 
119.13  cost-of-living adjustment or that the order for child support 
119.14  has a provision such as a step increase that has the effect of a 
119.15  cost-of-living clause. 
119.16     Subd. 3.  [INDEX; AMOUNT.] (a) An order that provides for a 
119.17  cost-of-living adjustment must specify the cost-of-living index 
119.18  to be applied.  The court may use the Consumer Price Index for 
119.19  All Urban Consumers, Minneapolis-St. Paul (CPI-U), the Consumer 
119.20  Price Index for Wage Earners and Clerical, Minneapolis-St. Paul 
119.21  (CPI-W), or another cost-of-living index published by the 
119.22  department of labor that the court specifically finds is more 
119.23  appropriate. 
119.24     (b) The court may increase the amount by more than the 
119.25  cost-of-living adjustment by agreement of the parties or by 
119.26  making further findings. 
119.27     Subd. 4.  [EFFECTIVE DATE.] If payment is made to the 
119.28  public authority, an adjustment is effective on May 1 of the 
119.29  year it is made.  If payment is not made to the public 
119.30  authority, an adjustment may be made in any month but no 
119.31  adjustment may be made sooner than two years after the date of 
119.32  the dissolution decree.  A support order must specify the 
119.33  effective date of cost-of-living adjustments. 
119.34     Subd. 5.  [NOTICE.] A cost-of-living adjustment may not be 
119.35  made unless: 
119.36     (1) the support order requires it; and 
120.1      (2) the obligee or public authority notifies the obligor of 
120.2   the adjustment by mail at the obligor's last known address at 
120.3   least 20 days before the effective date of the adjustment.  The 
120.4   notice must inform the obligor of the effective date of the 
120.5   adjustment, the right to contest the adjustment, and the 
120.6   procedures to contest the adjustment. 
120.7      Subd. 6.  [PROCEDURE FOR CONTESTING ADJUSTMENT.] (a) To 
120.8   contest a cost-of-living adjustment initiated by the public 
120.9   authority or an obligee who has applied for or is receiving 
120.10  child support collection services from the public authority, 
120.11  other than income withholding-only services, the obligor must: 
120.12     (1) file a motion contesting the cost-of-living adjustment 
120.13  with the court administrator; and 
120.14     (2) serve the motion by first-class mail on the public 
120.15  authority and the obligee. 
120.16  The obligor must file and serve the motion before the effective 
120.17  date of the adjustment.  The hearing must take place in the 
120.18  expedited child support process under section 484.702. 
120.19     (b) To contest a cost-of-living adjustment initiated by an 
120.20  obligee who is not receiving child support collection services 
120.21  from the public authority, or for an obligee who receives income 
120.22  withholding-only services from the public authority, the obligor 
120.23  must: 
120.24     (1) file a motion contesting the cost-of-living adjustment 
120.25  with the court administrator; and 
120.26     (2) serve the motion by first-class mail on the obligee. 
120.27  The obligor must file and serve the motion before the effective 
120.28  date of the adjustment.  The hearing must take place in district 
120.29  court. 
120.30     (c) Upon receipt of a motion contesting the cost-of-living 
120.31  adjustment, the public authority or court must stay the 
120.32  cost-of-living adjustment pending further order of the court. 
120.33     Subd. 7.  [HEARING.] (a) At a hearing under this section, 
120.34  if the obligor establishes an insufficient increase in income to 
120.35  fulfill the adjusted child support obligation, the court or 
120.36  child support magistrate may direct that all or part of the 
121.1   adjustment not take effect. 
121.2      (b) At a hearing under this section, if the obligor does 
121.3   not establish an insufficient increase in income, the adjustment 
121.4   must take effect as of the date originally specified in the 
121.5   support order. 
121.6      Subd. 8.  [FORM.] The state court administrator must 
121.7   prepare and make available to the court and obligors a form to 
121.8   be submitted in support of a request for a hearing under this 
121.9   section. 
121.10     Subd. 9.  [RULES.] The commissioner of human services may 
121.11  promulgate rules for child support adjustments under this 
121.12  section in accordance with the rulemaking provisions of chapter 
121.13  14. 
121.14     Sec. 29.  [517C.35] [ASSIGNMENT.] 
121.15     Subdivision 1.  [GENERAL.] The court must direct that all 
121.16  payments ordered for support be made to the public authority if 
121.17  the obligee is receiving or has applied for public assistance.  
121.18  Amounts received by the public authority greater than the amount 
121.19  granted to the obligee must be remitted to the obligee pursuant 
121.20  to federal requirements. 
121.21     Subd. 2.  [JUDGMENTS.] The court administrator must enter 
121.22  and docket a judgment obtained by operation of law under section 
121.23  548.091, subdivision 1, in the name of the public authority to 
121.24  the extent that the obligation has been assigned.  When arrears 
121.25  are reduced to judgment and section 548.091 is not applicable, 
121.26  the court must grant judgment in favor of, and in the name of, 
121.27  the public authority to the extent that the arrears are 
121.28  assigned.  The public authority must file notice of an 
121.29  assignment with the court administrator, who must enter the 
121.30  notice in the docket.  The public authority may then enforce a 
121.31  judgment entered before the assignment of rights as if the 
121.32  judgment were granted to it, and in its name, to the extent that 
121.33  the arrears in that judgment are assigned. 
121.34     Subd. 3.  [PROPERTY LIEN.] The court may make any child 
121.35  support order a lien or charge upon the property of the obligor, 
121.36  either at the time of the entry of the judgment or by subsequent 
122.1   order upon proper application. 
122.2      Sec. 30.  [517C.36] [PARTY STATUS.] 
122.3      Subdivision 1.  [WHEN A PARTY RECEIVES PUBLIC 
122.4   ASSISTANCE.] The public authority is joined as a party if the 
122.5   obligee is receiving, or subsequently applies for, public 
122.6   assistance and rights are assigned under section 256.741, 
122.7   subdivision 2. 
122.8      Subd. 2.  [NO PUBLIC ASSISTANCE; APPLICATION FOR SERVICES.] 
122.9   If the obligee is not receiving public assistance, but has 
122.10  applied for child support collection services, the public 
122.11  authority has a pecuniary interest, as well as an interest in 
122.12  the welfare of a child.  The public authority may intervene as a 
122.13  matter of right in those cases to ensure that child support 
122.14  orders are obtained, enforced, and provide for an appropriate 
122.15  and accurate level of child, medical, and child care support.  
122.16  If the public authority participates in a case where the action 
122.17  taken by the public authority requires the use of an attorney's 
122.18  services, the public authority must be represented by an 
122.19  attorney consistent with the provisions in section 517C.37. 
122.20     Sec. 31.  [517C.37] [ROLE OF THE PUBLIC AUTHORITY.] 
122.21     Subdivision 1.  [PUBLIC AUTHORITY DOES NOT REPRESENT 
122.22  OBLIGOR OR OBLIGEE.] The provision of services under the child 
122.23  support enforcement program that includes services by an 
122.24  attorney or an attorney's representative employed by, under 
122.25  contract to, or representing the public authority does not 
122.26  create an attorney-client relationship with any party other than 
122.27  the public authority.  Attorneys employed by or under contract 
122.28  with the public authority have an affirmative duty to inform 
122.29  applicants and recipients of services under the child support 
122.30  enforcement program that no attorney-client relationship exists 
122.31  between the attorney and the applicant or recipient.  This 
122.32  section applies to all legal services provided by the child 
122.33  support enforcement program. 
122.34     Subd. 2.  [WRITTEN NOTICE.] The public authority must 
122.35  provide written notice to an applicant or recipient of services 
122.36  that: 
123.1      (1) no attorney-client relationship exists between the 
123.2   attorney and the applicant or recipient; 
123.3      (2) the rights of the individual as a subject of data are 
123.4   controlled by section 13.04, subdivision 2; and 
123.5      (3) the individual has a right to have an attorney 
123.6   represent the individual.  
123.7      Subd. 3.  [POWER TO REPRESENT OTHER PUBLIC 
123.8   AUTHORITIES.] The public authority may act on behalf of a public 
123.9   authority from another jurisdiction.  This includes the 
123.10  authority to represent the legal interests of, or execute 
123.11  documents on behalf of, the other public authority in connection 
123.12  with the establishment, enforcement, and collection of child 
123.13  support and collection on judgments. 
123.14     Sec. 32.  [517C.38] [SERVICE FEES.] 
123.15     Subdivision 1.  [OBLIGOR FEE.] When the public authority 
123.16  provides child support collection services either to a public 
123.17  assistance recipient or to a party who does not receive public 
123.18  assistance, the public authority may upon written notice to the 
123.19  obligor charge a monthly collection fee equivalent to the full 
123.20  monthly cost to the county of providing collection services, in 
123.21  addition to the amount of the child support ordered by the 
123.22  court.  The fee must be deposited in the county general fund.  
123.23  The service fee assessed is limited to ten percent of the 
123.24  monthly court-ordered child support and must not be assessed to 
123.25  obligors who are current in payment of the monthly court-ordered 
123.26  child support. 
123.27     Subd. 2.  [OBLIGEE FEE.] An application fee of $25 must be 
123.28  paid by the person who applies for child support and maintenance 
123.29  collection services, except persons who are receiving public 
123.30  assistance as defined in section 256.741, persons who transfer 
123.31  from public assistance to nonpublic assistance status, and minor 
123.32  parents and parents enrolled in a public secondary school, area 
123.33  learning center, or alternative learning program approved by the 
123.34  commissioner of children, families, and learning. 
123.35     Subd. 3.  [TAX INTERCEPT FEES.] Fees assessed by state and 
123.36  federal tax agencies for collection of overdue support owed to 
124.1   or on behalf of a person not receiving public assistance must be 
124.2   imposed on the person for whom these services are provided.  The 
124.3   public authority upon written notice to the obligee must assess 
124.4   a fee of $25 to the person not receiving public assistance for 
124.5   each successful federal tax interception.  The fee must be 
124.6   withheld prior to the release of the funds received from each 
124.7   interception and must be deposited in the general fund. 
124.8      Subd. 4.  [COMPLIANCE WITH FEDERAL LAW.] The limitations of 
124.9   this section on the assessment of fees do not apply to the 
124.10  extent they are inconsistent with the requirements of federal 
124.11  law for receiving funds for the programs under Title IV-A and 
124.12  Title IV-D of the Social Security Act, United States Code, title 
124.13  42, sections 601 to 613 and 651 to 662. 
124.14     Sec. 33.  [517C.39] [PUBLIC AUTHORITY PROCEDURES FOR CHILD 
124.15  SUPPORT AND PARENTAGE ORDERS.] 
124.16     The public authority may use the provisions of sections 
124.17  517C.40 to 517C.44 when support rights are assigned under 
124.18  section 256.741, subdivision 2, or when the public authority is 
124.19  providing services under an application for child support 
124.20  collection services. 
124.21     Sec. 34.  [517C.40] [NONATTORNEY EMPLOYEE DUTIES.] 
124.22     Subdivision 1.  [DUTIES PERFORMED UNDER SUPERVISION OF 
124.23  COUNTY ATTORNEY.] (a) The county attorney must review and 
124.24  approve as to form and content all pleadings and other legal 
124.25  documents prepared by nonattorney employees of the public 
124.26  authority for use in the expedited child support process. 
124.27     (b) Under the direction of, and in consultation with, the 
124.28  county attorney, nonattorney employees of the public authority 
124.29  may perform the following legal duties: 
124.30     (1) meet and confer with parties by mail, telephone, 
124.31  electronic, or other means regarding legal issues; 
124.32     (2) explain to parties the purpose, procedure, and function 
124.33  of the expedited child support process and the role and 
124.34  authority of nonattorney employees of the public authority 
124.35  regarding legal issues; 
124.36     (3) prepare pleadings, including, but not limited to, 
125.1   summonses and complaints, notices, motions, subpoenas, orders to 
125.2   show cause, proposed orders, administrative orders, and 
125.3   stipulations and agreements; 
125.4      (4) issue administrative subpoenas; 
125.5      (5) prepare judicial notices; 
125.6      (6) negotiate settlement agreements; 
125.7      (7) attend and participate as a witness in hearings and 
125.8   other proceedings and, if requested by the child support 
125.9   magistrate, present evidence, agreements and stipulations of the 
125.10  parties, and any other information deemed appropriate by the 
125.11  magistrate; 
125.12     (8) participate in other activities and perform other 
125.13  duties delegated by the county attorney; and 
125.14     (9) exercise other powers and perform other duties as 
125.15  permitted by statute or court rule. 
125.16     Subd. 2.  [DUTIES PERFORMED AUTONOMOUSLY.] Nonattorney 
125.17  employees of the public authority may perform the following 
125.18  duties without direction from the county attorney: 
125.19     (1) gather information on behalf of the public authority; 
125.20     (2) prepare financial worksheets; 
125.21     (3) obtain income information from the department of 
125.22  economic security and other sources; 
125.23     (4) serve documents on parties; 
125.24     (5) file documents with the court; 
125.25     (6) meet and confer with parties by mail, telephone, 
125.26  electronic, or other means regarding nonlegal issues; 
125.27     (7) explain to parties the purpose, procedure, and function 
125.28  of the expedited child support process and the role and 
125.29  authority of nonattorney employees of the public authority 
125.30  regarding nonlegal issues; and 
125.31     (8) perform other routine nonlegal duties as assigned. 
125.32     Subd. 3.  [PRACTICE OF LAW.] Performance of the duties 
125.33  prescribed in subdivisions 1 and 2 by nonattorney employees of 
125.34  the public authority does not constitute the unauthorized 
125.35  practice of law for purposes of section 481.02. 
125.36     Sec. 35.  [517C.41] [FINANCIAL WORKSHEET.] 
126.1      Subdivision 1.  [PREPARATION.] In cases involving 
126.2   establishment or modification of a child support order, a 
126.3   nonattorney employee of the public authority must prepare a 
126.4   financial worksheet that contains: 
126.5      (1) names and addresses of the parties; 
126.6      (2) social security numbers of the parties; 
126.7      (3) number of members in each party's household and 
126.8   dependents of the parties; 
126.9      (4) names and addresses of the parties' employers; 
126.10     (5) gross income of the parties as defined in this chapter; 
126.11     (6) amounts and sources of any other earnings and income of 
126.12  the parties; 
126.13     (7) health insurance coverage of parties; 
126.14     (8) types and amounts of public assistance the parties 
126.15  receive; and 
126.16     (9) any other information relevant to the determination of 
126.17  child or medical support under this chapter. 
126.18     Subd. 2.  [INCOME INFORMATION.] In preparing the financial 
126.19  worksheet, the nonattorney employee of the public authority must 
126.20  obtain income information available to the public authority from 
126.21  the department of economic security and serve this information 
126.22  on the parties.  The information must be filed with the court or 
126.23  child support magistrate at least five days before a hearing 
126.24  involving child support, medical support, or child care 
126.25  reimbursement issues. 
126.26     Sec. 36.  [517C.42] [NONCONTESTED MATTERS.] 
126.27     Under the direction of the county attorney and based on 
126.28  agreement of the parties, nonattorney employees may prepare a 
126.29  stipulation, findings of fact, conclusions of law, and proposed 
126.30  order.  The documents must be approved and signed by the county 
126.31  attorney as to form and content before submission to the court 
126.32  or child support magistrate for approval. 
126.33     Sec. 37.  [517C.43] [ADMINISTRATIVE AUTHORITY; PARENTAGE; 
126.34  SUPPORT.] 
126.35     Subdivision 1.  [POWERS.] The public authority may take the 
126.36  following actions relating to establishment of paternity or to 
127.1   establishment, modification, or enforcement of support orders, 
127.2   without the necessity of obtaining an order from a judicial or 
127.3   administrative tribunal: 
127.4      (1) recognize and enforce orders of child support agencies 
127.5   of other states; 
127.6      (2) upon request for genetic testing by a child, parent, or 
127.7   an alleged parent, and using the procedure in subdivision 2, 
127.8   order the child, parent, or alleged parent to submit to blood or 
127.9   genetic testing for the purpose of establishing paternity; 
127.10     (3) subpoena financial or other information needed to 
127.11  establish, modify, or enforce a child support order and sanction 
127.12  a party for failure to respond to a subpoena; 
127.13     (4) upon notice to the obligor, obligee, and the 
127.14  appropriate court, direct the obligor or other payor to change 
127.15  the payee to the central collections unit under section 517C.50; 
127.16     (5) order income withholding of child support under section 
127.17  517C.52 and sanction an employer or payor of funds under section 
127.18  393.07, subdivision 9a, for failing to comply with an income 
127.19  withholding notice; 
127.20     (6) secure assets to satisfy a support debt or arrears by: 
127.21     (i) intercepting or seizing periodic or lump-sum payments 
127.22  from state or local agencies, including reemployment 
127.23  compensation, workers' compensation payments, judgments, 
127.24  settlements, lotteries, and other lump-sum payments; 
127.25     (ii) attaching and seizing assets of the obligor held in 
127.26  financial institutions or public or private retirement funds; 
127.27  and 
127.28     (iii) imposing liens in accordance with section 548.091, 
127.29  and, in appropriate cases, forcing the sale of property and the 
127.30  distribution of proceeds; 
127.31     (7) for the purpose of securing overdue support, increase 
127.32  the amount of the monthly support payments by an additional 
127.33  amount equal to 20 percent of the monthly support payment to 
127.34  include amounts for debts or arrears; and 
127.35     (8) subpoena an employer or payor of funds to provide 
127.36  promptly information on the employment, compensation, and 
128.1   benefits of an individual employed by that employer as an 
128.2   employee or contractor, and sanction an employer or payor of 
128.3   funds under section 393.07, subdivision 9a, for failure to 
128.4   respond to the subpoena as provided by law. 
128.5      Subd. 2.  [GENETIC TESTING.] (a) A request for genetic 
128.6   testing by a child, parent, or alleged parent must be supported 
128.7   by a sworn statement by the person requesting genetic testing 
128.8   that: 
128.9      (1) alleges paternity and sets forth facts establishing a 
128.10  reasonable possibility of the requisite sexual contact between 
128.11  the parties; or 
128.12     (2) denies paternity and sets forth facts establishing a 
128.13  reasonable possibility of the nonexistence of sexual contact 
128.14  between the alleged parties. 
128.15     (b) The order for genetic tests may be served anywhere 
128.16  within the state and served outside the state in the same manner 
128.17  as prescribed by law for service of subpoenas issued by the 
128.18  district court of this state. 
128.19     (c) If the child, parent, or alleged parent fails to comply 
128.20  with the genetic testing order, the public authority may seek to 
128.21  enforce that order in district court through a motion to compel 
128.22  testing. 
128.23     (d) No results obtained through genetic testing done in 
128.24  response to an order issued under this section may be used in a 
128.25  criminal proceeding. 
128.26     Subd. 3.  [SUBPOENAS.] (a) Subpoenas may be served anywhere 
128.27  within the state and served outside the state in the same manner 
128.28  as prescribed by law for service of process of subpoenas issued 
128.29  by the district court of this state.  When a subpoena under this 
128.30  subdivision is served on a third-party recordkeeper, written 
128.31  notice of the subpoena must be mailed to the person who is the 
128.32  subject of the subpoenaed material at the person's last known 
128.33  address within three days of the day the subpoena is served.  
128.34  This notice provision does not apply if there is reasonable 
128.35  cause to believe the giving of the notice may lead to 
128.36  interference with the production of the subpoenaed documents.  
129.1      (b) A person served with a subpoena may make a written 
129.2   objection to the public authority or court before the time 
129.3   specified in the subpoena for compliance.  The public authority 
129.4   or the court may cancel or modify the subpoena, if appropriate.  
129.5   The public authority must pay the reasonable costs of producing 
129.6   the documents, if requested.  
129.7      (c) Subpoenas are enforceable in the same manner as 
129.8   subpoenas of the district court.  Upon motion of the county 
129.9   attorney, the court may issue an order directing the production 
129.10  of the records.  A person who fails to comply with the court 
129.11  order is subject to civil or criminal contempt of court.  
129.12     Subd. 4.  [DUE PROCESS.] The administrative actions under 
129.13  this section are subject to due process safeguards, including 
129.14  requirements for notice, opportunity to contest the action, and 
129.15  opportunity to appeal the order to a judge, judicial officer, or 
129.16  child support magistrate. 
129.17     Sec. 38.  [517C.44] [SHARING OF INFORMATION; DATA.] 
129.18     Subdivision 1.  [GENERAL.] The public authority may share 
129.19  available and relevant information on the parties in order to 
129.20  perform its duties under this chapter or under supreme court 
129.21  rules governing the expedited child support hearing process 
129.22  under section 484.702, subject to the limitations of subdivision 
129.23  3, section 256.87, subdivision 8, and section 257.70. 
129.24     Subd. 2.  [DATA DISCLOSED TO AN ATTORNEY OF THE PUBLIC 
129.25  AUTHORITY.] (a) Data disclosed by an applicant for, or recipient 
129.26  of, child support services to an attorney employed by, or under 
129.27  contract with, the public authority is private data on an 
129.28  individual.  However, the data may be disclosed under section 
129.29  13.46, subdivision 2, clauses (1) to (3) and (6) to (19), and in 
129.30  order to obtain, modify, or enforce child support, medical 
129.31  support, and parentage determinations. 
129.32     (b) An attorney employed by, or under contract with, the 
129.33  public authority may disclose additional information received 
129.34  from an applicant for, or recipient of, services for other 
129.35  purposes with the consent of the individual applicant for, or 
129.36  recipient of, child support services. 
130.1      Subd. 3.  [PROHIBITED DISCLOSURE.] In all proceedings under 
130.2   this chapter in which public assistance is assigned under 
130.3   section 256.741, or the public authority provides services to a 
130.4   party or parties to the proceedings, notwithstanding statutory 
130.5   or other authorization for the public authority to release 
130.6   private data on the location of a party to the action, 
130.7   information on the location of one party may not be released by 
130.8   the public authority to the other party if: 
130.9      (1) the public authority has knowledge that a protective 
130.10  order with respect to the other party has been entered; or 
130.11     (2) the public authority has reason to believe that the 
130.12  release of the information may result in physical or emotional 
130.13  harm to the other party. 
130.14     Sec. 39.  [517C.45] [SUFFICIENCY OF NOTICE.] 
130.15     Automated child support notices sent by the public 
130.16  authority which do not require service are sufficient notice 
130.17  when issued and mailed by first class mail to the person's last 
130.18  known address. 
130.19     Sec. 40.  [517C.50] [CHILD SUPPORT PAYMENT CENTER; CENTRAL 
130.20  COLLECTIONS UNIT.] 
130.21     Subdivision 1.  [CREATION.] (a) The commissioner of human 
130.22  services must create and maintain a central collections unit to 
130.23  receive, process, and disburse payments, and to maintain a 
130.24  record of payments in cases when: 
130.25     (1) the public authority is a party; 
130.26     (2) the public authority provides child support enforcement 
130.27  services to a party; or 
130.28     (3) payment is collected through income withholding. 
130.29     (b) The commissioner may contract for services to carry out 
130.30  these provisions if the commissioner first meets and negotiates 
130.31  with the affected exclusive representatives. 
130.32     Subd. 2.  [CREDITOR COLLECTIONS.] The central collections 
130.33  unit under this section is not a third party under chapters 550, 
130.34  552, and 571 for purposes of creditor collection efforts against 
130.35  child support and maintenance order obligors or obligees, and is 
130.36  not subject to creditor levy, attachment, or garnishment. 
131.1      Subd. 3.  [CREDIT FOR PAYMENT.] Payments made to the public 
131.2   authority that are not collected through income withholding must 
131.3   be credited as of the date the payment is received by the 
131.4   central collections unit. 
131.5      Sec. 41.  [517C.51] [MANDATORY PAYMENT OF OBLIGATIONS TO 
131.6   CENTRAL COLLECTIONS UNIT.] 
131.7      Subdivision 1.  [GENERAL.] All payments described in 
131.8   section 517C.50 must be made to the central collections unit. 
131.9      Subd. 2.  [LOCAL PAYMENT; TRANSMITTAL.] The public 
131.10  authority must provide a location for obligors to pay child 
131.11  support in each local jurisdiction.  When the public authority 
131.12  receives a payment it must transmit the funds to the central 
131.13  collections unit within one working day. 
131.14     Subd. 3.  [INCENTIVES.] Notwithstanding a rule to the 
131.15  contrary, incentives must be paid to the county providing 
131.16  services and maintaining the case to which the payment is 
131.17  applied.  Incentive payments awarded for the collection of child 
131.18  support must be based solely upon payments processed by the 
131.19  central collections unit.  Incentive payments received by the 
131.20  county under this subdivision must be used for county child 
131.21  support collection efforts. 
131.22     Subd. 4.  [ELECTRONIC FUNDS TRANSFER.] The central 
131.23  collections unit may receive and disburse funds electronically. 
131.24     Subd. 5.  [REQUIRED CONTENT OF ORDER.] A tribunal issuing 
131.25  an order that establishes or modifies a payment must issue an 
131.26  income withholding order in conformity with section 517C.52.  
131.27  The automatic income withholding order must include the name of 
131.28  the obligor, the obligor's social security number, the obligor's 
131.29  date of birth, and the name and address of the obligor's 
131.30  employer.  The street mailing address and the electronic mail 
131.31  address for the central collections unit must be included in 
131.32  each automatic income withholding order issued by a tribunal. 
131.33     Subd. 6.  [TRANSMITTAL OF ORDER TO THE PUBLIC AUTHORITY BY 
131.34  THE TRIBUNAL.] The tribunal must transmit a copy of the order 
131.35  establishing or modifying the payment, and a copy of the 
131.36  automatic income withholding order, to the public authority 
132.1   within two working days of the approval of the order by the 
132.2   judge or child support magistrate or other person or entity 
132.3   authorized to sign the automatic withholding order. 
132.4      Subd. 7.  [TRANSMITTAL OF FUNDS FROM THE OBLIGOR OR PAYOR 
132.5   OF FUNDS TO THE CENTRAL COLLECTIONS UNIT.] The obligor or other 
132.6   payor of funds must identify the obligor on the check or 
132.7   remittance by name, payor number, and social security number, 
132.8   and must comply with section 517C.52. 
132.9      Subd. 8.  [SANCTION FOR CHECKS DRAWN ON INSUFFICIENT 
132.10  FUNDS.] A notice may be directed to a person or entity 
132.11  submitting a check drawn on insufficient funds stating that 
132.12  future payments must be made by cash or certified funds.  The 
132.13  central collections unit and the public authority may refuse a 
132.14  check from a person or entity that has been given notice that 
132.15  payments must be in cash or certified funds. 
132.16     Subd. 9.  [ADMISSIBILITY OF PAYMENT RECORDS.] A copy of the 
132.17  record of payments maintained by the central collections unit is 
132.18  admissible evidence in all tribunals as proof of payments made 
132.19  through the central collections unit without the need of 
132.20  testimony to prove authenticity. 
132.21     Subd. 10.  [TRANSITION PROVISIONS.] (a) The commissioner of 
132.22  human services must develop a plan for the implementation of the 
132.23  central collections unit.  The plan must require that payments 
132.24  be redirected to the central collections unit.  Payments may be 
132.25  redirected in groups according to county of origin, county of 
132.26  payment, method of payment, type of case, or any other 
132.27  distinguishing factor designated by the commissioner. 
132.28     (b) Notice that payments must be made to the central 
132.29  collections unit must be provided to the obligor and to the 
132.30  payor of funds at least 30 days before payments are redirected 
132.31  to the central collections unit.  After the notice has been 
132.32  provided to the obligor or payor of funds, mailed payments 
132.33  received by the public authority must be forwarded to the 
132.34  central collections unit.  A notice must be sent to the obligor 
132.35  or payor of funds stating that payment application may be 
132.36  delayed and must provide directions to submit future payments to 
133.1   the central collections unit. 
133.2      Subd. 11.  [COLLECTIONS UNIT RECOUPMENT ACCOUNT.] The 
133.3   commissioner of human services may establish a revolving account 
133.4   to cover funds issued in error due to insufficient funds or 
133.5   other reasons.  Appropriations for this purpose and all 
133.6   recoupments against payments from the account must be deposited 
133.7   in the collections unit's recoupment account and are 
133.8   appropriated to the commissioner.  An unexpended balance in the 
133.9   account does not cancel, but is available until expended. 
133.10     Subd. 12.  [UNCLAIMED SUPPORT FUNDS.] (a) If the public 
133.11  authority cannot disburse support payments to an obligee because 
133.12  the obligee cannot be located, the public authority must 
133.13  continue its efforts to locate the obligee for one year from the 
133.14  date it determines that the obligee cannot be located. 
133.15     (b) If the public authority is unable to locate the obligee 
133.16  after one year, the public authority must mail a written notice 
133.17  to the obligee at the obligee's last known address that gives 
133.18  the obligee 60 days to contact the public authority. 
133.19     (c) If the obligee does not contact the public authority 
133.20  within 60 days from the date of notice, the public authority 
133.21  must: 
133.22     (1) close the nonpublic assistance portion of the case; 
133.23     (2) disburse unclaimed support funds to pay public 
133.24  assistance arrears.  If public assistance arrears remain after 
133.25  disbursing the unclaimed support funds, the public authority may 
133.26  continue enforcement and collection of child support until all 
133.27  public assistance arrears have been paid.  If there are not 
133.28  public assistance arrears, or unclaimed support funds remain 
133.29  after paying public assistance arrears, the public authority 
133.30  must return the remaining unclaimed support funds to the 
133.31  obligor; and 
133.32     (3) when all public assistance arrears are paid to the 
133.33  public authority, mail a written notice of termination of income 
133.34  withholding and case closure to the obligor at the obligor's 
133.35  last known address.  The notice must indicate that the obligor's 
133.36  support obligation will remain in effect until further order of 
134.1   the court and to contact the public authority for assistance to 
134.2   modify the order.  The public authority must include a copy of 
134.3   the form prepared by the state court administrator's office 
134.4   under section 517C.25, subdivision 4, with the notice.  
134.5      (d) If the public authority cannot locate the obligor to 
134.6   return unclaimed support funds, the public authority must 
134.7   continue its efforts to locate the obligor for one year from the 
134.8   date it determines that the obligor cannot be located.  If the 
134.9   public authority is unable to locate the obligor after one year, 
134.10  the funds must be treated as unclaimed property according to 
134.11  federal law and chapter 345. 
134.12     Sec. 42.  [517C.52] [INCOME WITHHOLDING; GENERAL.] 
134.13     Subdivision 1.  [APPLICATION.] Sections 517C.52 to 517C.62 
134.14  apply to all support orders issued by a court or an 
134.15  administrative tribunal and orders for or notices of withholding 
134.16  issued by the public authority according to section 517C.43, 
134.17  subdivision 1, clause (5). 
134.18     Subd. 2.  [ORDER.] (a) Every support order must address 
134.19  income withholding.  Whenever a support order is initially 
134.20  entered or modified, the full amount of the support order must 
134.21  be withheld from the income of the obligor and forwarded to the 
134.22  public authority.  Sections 517C.51 to 517C.62 apply regardless 
134.23  of the source of income of the person obligated to pay the child 
134.24  support. 
134.25     (b) A payor of funds must implement income withholding 
134.26  according to sections 517C.51 to 517C.62 upon receipt of an 
134.27  order for or notice of withholding.  The notice of withholding 
134.28  must be on a form provided by the commissioner of human services.
134.29     Subd. 3.  [NOTICE; INCOME WITHHOLDING AND COLLECTION 
134.30  SERVICES.] (a) The commissioner of human services must prepare 
134.31  and make available to the courts a notice of services that 
134.32  explains child support and maintenance collection services 
134.33  available through the public authority, including income 
134.34  withholding.  Upon receiving a petition for dissolution of 
134.35  marriage or legal separation, the court administrator must 
134.36  promptly send the notice of services to the petitioner and 
135.1   respondent at the addresses stated in the petition. 
135.2      (b) Upon receipt of a support order requiring income 
135.3   withholding, a petitioner or respondent, who is not a recipient 
135.4   of public assistance and does not receive child support 
135.5   collection services from the public authority, must apply to the 
135.6   public authority for either full child support collection 
135.7   services or for services only to withhold income. 
135.8      (c) For those persons applying for services only to 
135.9   withhold income, a monthly service fee of $15 must be charged to 
135.10  the obligor.  This fee is in addition to the amount of the 
135.11  support order and must be withheld through income withholding.  
135.12  The public authority must explain the service options in this 
135.13  section to the affected parties and encourage the application 
135.14  for full child support collection services. 
135.15     Subd. 4.  [CONTRACT FOR SERVICE.] To carry out income 
135.16  withholding, the public authority may contract for services, 
135.17  including the use of electronic funds transfer. 
135.18     Subd. 5.  [ELECTRONIC TRANSMISSION.] Orders or notices for 
135.19  income withholding may be transmitted for enforcement purposes 
135.20  by electronic means. 
135.21     Subd. 6.  [TIMING OF AUTOMATED ENFORCEMENT REMEDIES.] The 
135.22  public authority must make reasonable efforts to ensure that 
135.23  automated enforcement remedies take into consideration the time 
135.24  periods allowed under sections 517C.52 to 517C.62. 
135.25     Sec. 43.  [517C.53] [WAIVER OF INCOME WITHHOLDING.] 
135.26     (a) If child support is not assigned to the public 
135.27  authority, the court may waive income withholding requirements 
135.28  if it finds there are no arrears as of the date of the hearing 
135.29  and: 
135.30     (1) one party demonstrates and the court finds there is 
135.31  good cause to waive the requirements of sections 517C.51 to 
135.32  517C.62 or to terminate an order for or notice of income 
135.33  withholding previously entered; or 
135.34     (2) all parties reach an agreement and the agreement is 
135.35  approved by the court after a finding that the agreement is 
135.36  likely to result in regular and timely payments.  The court's 
136.1   findings waiving the requirements of this paragraph must include 
136.2   a written explanation of the reasons why income withholding 
136.3   would not be in the best interests of the child. 
136.4      (b) In addition to the other requirements in this section, 
136.5   if the case involves a modification of support, the court must 
136.6   make a finding that support has been timely made. 
136.7      (c) If the court waives income withholding, the obligee or 
136.8   obligor may at any time request subsequent income withholding 
136.9   under section 517C.59. 
136.10     Sec. 44.  [517C.54] [PAYOR OF FUNDS RESPONSIBILITIES.] 
136.11     Subdivision 1.  [ACTIVATION.] An order for or notice of 
136.12  withholding is binding on a payor of funds upon receipt.  
136.13  Withholding must begin no later than the first pay period that 
136.14  occurs after 14 days following the date of receipt of the order 
136.15  for or notice of withholding.  In the case of a financial 
136.16  institution, preauthorized transfers must occur in accordance 
136.17  with a court-ordered payment schedule. 
136.18     Subd. 2.  [PROCEDURE.] A payor of funds must withhold from 
136.19  the income payable to the obligor the amount specified in the 
136.20  order or notice of withholding and amounts specified under 
136.21  sections 517C.58 and 517C.63 and must remit the amounts withheld 
136.22  to the public authority within seven business days of the date 
136.23  the obligor is paid the remainder of the income.  The payor of 
136.24  funds must include with the remittance the social security 
136.25  number of the obligor, the case type indicator as provided by 
136.26  the public authority, and the date the obligor is paid the 
136.27  remainder of the income.  The obligor is considered to have paid 
136.28  the amount withheld as of the date the obligor received the 
136.29  remainder of the income.  A payor of funds may combine all 
136.30  amounts withheld from one pay period into one payment to each 
136.31  public authority, but must separately identify each obligor 
136.32  making payment. 
136.33     Subd. 3.  [RETALIATION PROHIBITED.] A payor of funds must 
136.34  not discharge, or refuse to hire, or otherwise discipline an 
136.35  employee as a result of wage or salary withholding authorized by 
136.36  this chapter. 
137.1      Subd. 4.  [UPDATED ORDERS.] If more than one order for or 
137.2   notice of withholding exists involving the same obligor and 
137.3   child, the public authority must enforce the most recent order 
137.4   or notice.  An order for or notice of withholding that was 
137.5   previously implemented according to this chapter ends as of the 
137.6   date of the most recent order.  The public authority must notify 
137.7   the payor of funds to withhold under the most recent withholding 
137.8   order or notice. 
137.9      Subd. 5.  [NOTIFICATION OF TERMINATION.] When an order for 
137.10  or notice of withholding is in effect and the obligor's 
137.11  employment is terminated, the obligor and the payor of funds 
137.12  must notify the public authority of the termination within ten 
137.13  days of the termination date.  The termination notice must 
137.14  include the obligor's home address and the name and address of 
137.15  the obligor's new payor of funds, if known. 
137.16     Subd. 6.  [EXPENSES.] A payor of funds may deduct $1 from 
137.17  the obligor's remaining salary for each payment made pursuant to 
137.18  an order for or notice of withholding under this chapter to 
137.19  cover the expenses of withholding. 
137.20     Sec. 45.  [517C.55] [LUMP-SUM PAYMENTS.] 
137.21     Subdivision 1.  [APPLICATION.] (a) This section applies to 
137.22  lump-sum payments of $500 or more including, but not limited to, 
137.23  severance pay, accumulated sick pay, vacation pay, bonuses, 
137.24  commissions, or other pay or benefits. 
137.25     (b) The Consumer Credit Protection Act, United States Code, 
137.26  title 15, section 1673(b), does not apply to lump-sum payments. 
137.27     Subd. 2.  [PAYOR OF FUNDS RESPONSIBILITIES.] Before 
137.28  transmitting a lump-sum payment to an obligor, a payor of funds 
137.29  who has been served with an order for or notice of income 
137.30  withholding under this chapter must: 
137.31     (1) notify the public authority of the lump-sum payment 
137.32  that is to be paid to the obligor; and 
137.33     (2) hold the lump-sum payment for 30 days after the date 
137.34  the lump-sum payment would otherwise have been paid to the 
137.35  obligor, notwithstanding sections 176.221, 176.225, 176.521, 
137.36  181.08, 181.101, 181.11, 181.13, and 181.145, and Minnesota 
138.1   Rules, part 1415.2000, subpart 10. 
138.2      Subd. 3.  [PUBLIC AUTHORITY OPTIONS.] (a) The public 
138.3   authority may direct the payor of funds to pay the lump-sum 
138.4   payment, up to the amount of judgments or arrears, to the public 
138.5   authority if: 
138.6      (1) a judgment entered pursuant to section 548.091, 
138.7   subdivision 1a, exists against the obligor, or other support 
138.8   arrears exist; and 
138.9      (2) a portion of the judgment or arrears remains unpaid. 
138.10     (b) If no judgment or arrears exist, the public authority 
138.11  may seek a court order directing the payor of funds to transmit 
138.12  all or a portion of the lump-sum payment to the public authority 
138.13  for future support.  To obtain a court order under this 
138.14  paragraph, the public authority must show a past willful 
138.15  nonpayment of support by the obligor. 
138.16     Sec. 46.  [517C.56] [PAYOR OF FUNDS LIABILITY.] 
138.17     Subdivision 1.  [LIABILITY TO OBLIGEE.] A payor of funds is 
138.18  liable to the obligee for amounts required to be withheld.  A 
138.19  payor of funds that fails to withhold or transfer funds in 
138.20  accordance with this chapter is liable to the obligee for 
138.21  interest on the funds at the rate applicable to judgments under 
138.22  section 549.09, computed from the date the funds were required 
138.23  to be withheld or transferred.  A payor of funds is liable for 
138.24  reasonable attorney fees of the obligee or public authority 
138.25  incurred in enforcing the liability under this paragraph.  A 
138.26  payor of funds that has failed to comply with the requirements 
138.27  of sections 517C.51 to 517C.62 is subject to contempt sanctions 
138.28  under section 517C.57.  If the payor of funds is an employer or 
138.29  independent contractor and violates this subdivision, a court 
138.30  may award the obligor twice the wages lost as a result of this 
138.31  violation.  If a court finds a payor of funds violated this 
138.32  subdivision, the court must impose a civil fine of not less than 
138.33  $500.  The liabilities under this subdivision apply to 
138.34  intentional noncompliance by a payor of funds with the 
138.35  requirements of sections 517C.51 to 517C.62. 
138.36     Subd. 2.  [NONLIABILITY FOR COMPLIANCE.] A payor of funds 
139.1   is not subject to civil liability to any individual or agency 
139.2   for taking action in compliance with an income withholding order 
139.3   or notice of withholding that appears regular on its face 
139.4   according to this chapter or chapter 518C. 
139.5      Sec. 47.  [517C.57] [EMPLOYER CONTEMPT.] 
139.6      Subdivision 1.  [ORDERS BINDING.] Notices or orders for 
139.7   income withholding or medical support issued pursuant to this 
139.8   chapter are binding on the employer, trustee, or other payor of 
139.9   funds after the order or notice has been transmitted to the 
139.10  employer, trustee, or payor of funds. 
139.11     Subd. 2.  [CONTEMPT ACTION.] (a) An obligee or the public 
139.12  authority may initiate a contempt action against an employer, 
139.13  trustee, or payor of funds, within the action that created the 
139.14  support obligation, by serving an order to show cause upon the 
139.15  employer, trustee, or payor of funds. 
139.16     (b) The employer, trustee, or payor of funds is presumed to 
139.17  be in contempt: 
139.18     (1) if the employer, trustee, or payor of funds has 
139.19  intentionally failed to withhold support after receiving the 
139.20  order or notice for income withholding or notice of enforcement 
139.21  of medical support; or 
139.22     (2) upon presentation of pay stubs or similar documentation 
139.23  showing that the employer, trustee, or payor of funds withheld 
139.24  support and demonstrating that the employer, trustee, or payor 
139.25  of funds intentionally failed to remit support to the public 
139.26  authority. 
139.27     Subd. 3.  [SANCTIONS.] The employer, trustee, or payor of 
139.28  funds is liable to the obligee or the public authority for 
139.29  amounts required to be withheld that were not paid.  The court 
139.30  may enter judgment against the employer, trustee, or payor of 
139.31  funds for support not withheld or remitted.  An employer, 
139.32  trustee, or payor of funds found guilty of contempt must be 
139.33  punished by a fine of not more than $250 as provided in chapter 
139.34  588.  The court may also impose other contempt sanctions 
139.35  authorized under chapter 588. 
139.36     Sec. 48.  [517C.58] [PRIORITY OF INCOME WITHHOLDING ORDERS; 
140.1   MAXIMUM WITHHOLDING.] 
140.2      Subdivision 1.  [PRIORITY.] (a) An order for or notice of 
140.3   withholding under this chapter or execution or garnishment upon 
140.4   a judgment for child support arrears or preadjudicated expenses 
140.5   has priority over an attachment, execution, garnishment, or wage 
140.6   assignment and is not subject to the statutory limitations on 
140.7   amounts levied against the income of the obligor.  Amounts 
140.8   withheld from an employee's income must not exceed the maximum 
140.9   permitted under the Consumer Credit Protection Act, United 
140.10  States Code, title 15, section 1673(b). 
140.11     Subd. 2.  [MULTIPLE ORDERS.] If a single employee is 
140.12  subject to multiple withholding orders or multiple notices of 
140.13  withholding for the support of more than one child, the payor of 
140.14  funds must comply with all of the orders or notices to the 
140.15  extent that the total amount withheld from the obligor's income 
140.16  does not exceed the limits imposed under the Consumer Credit 
140.17  Protection Act, United States Code, title 15, section 1673(b), 
140.18  giving priority to amounts designated in each order or notice as 
140.19  current support as follows: 
140.20     (1) if the total of the amounts designated in the orders 
140.21  for or notices of withholding as current support exceeds the 
140.22  amount available for income withholding, the payor of funds must 
140.23  allocate to each order or notice an amount for current support 
140.24  equal to the amount designated in that order or notice as 
140.25  current support, divided by the total of the amounts designated 
140.26  in the orders or notices as current support, multiplied by the 
140.27  amount of the income available for income withholding; and 
140.28     (2) if the total of the amounts designated in the orders 
140.29  for or notices of withholding as current support does not exceed 
140.30  the amount available for income withholding, the payor of funds 
140.31  must pay the amounts designated as current support, and must 
140.32  allocate to each order or notice an amount for past due support, 
140.33  equal to the amount designated in that order or notice as past 
140.34  due support, divided by the total of the amounts designated in 
140.35  the orders or notices as past due support, multiplied by the 
140.36  amount of income remaining available for income withholding 
141.1   after the payment of current support. 
141.2      Sec. 49.  [517C.59] [SUBSEQUENT INCOME WITHHOLDING.] 
141.3      Subdivision 1.  [APPLICATION.] This section applies to 
141.4   support orders that do not contain provisions for income 
141.5   withholding. 
141.6      Subd. 2.  [WHEN THE PUBLIC AUTHORITY IS A PARTY.] If the 
141.7   public authority is a party, income withholding under this 
141.8   section takes effect without prior judicial notice to the 
141.9   obligor and without the need for judicial or administrative 
141.10  hearing.  Withholding must be initiated when: 
141.11     (1) the obligor requests it in writing to the public 
141.12  authority; 
141.13     (2) the obligee or obligor serves on the public authority a 
141.14  copy of the notice of income withholding, a copy of the court's 
141.15  order, an application, and the fee to use the public authority's 
141.16  collection services; or 
141.17     (3) the public authority commences withholding under 
141.18  section 517C.43. 
141.19     Subd. 3.  [WHEN THE PUBLIC AUTHORITY IS NOT A PARTY.] If 
141.20  the public authority is not a party, income withholding under 
141.21  this section must be initiated when an obligee requests it by 
141.22  making a written motion to the court and the court finds that 
141.23  previous support has not been paid on a timely consistent basis 
141.24  or that the obligor has threatened expressly or otherwise to 
141.25  stop or reduce payments. 
141.26     Subd. 4.  [NOTICE.] Within two days after the public 
141.27  authority commences withholding under this section, the public 
141.28  authority must send to the obligor at the obligor's last known 
141.29  address, notice that withholding has commenced.  The notice must 
141.30  include the information provided to the payor of funds in the 
141.31  notice of withholding. 
141.32     Subd. 5.  [CONTEST.] (a) The obligor may contest 
141.33  withholding under this section on the limited grounds that the 
141.34  withholding or the amount withheld is improper due to mistake of 
141.35  fact.  An obligor who chooses to contest the withholding must do 
141.36  so no later than 15 days after the employer commences 
142.1   withholding, by doing all of the following: 
142.2      (1) file a request for an expedited child support hearing 
142.3   under section 484.702, and include in the request the alleged 
142.4   mistake of fact; 
142.5      (2) serve a copy of the request for contested hearing upon 
142.6   the public authority and the obligee; and 
142.7      (3) secure a date for the contested hearing no later than 
142.8   45 days after receiving notice that withholding has commenced. 
142.9      (b) The income withholding must remain in place while the 
142.10  obligor contests the withholding. 
142.11     (c) If the court finds a mistake in the amount of the 
142.12  arrears to be withheld, the court must continue the income 
142.13  withholding, but it must correct the amount of the arrears to be 
142.14  withheld. 
142.15     Sec. 50.  [517C.60] [INCOME WITHHOLDING; ARREARS ORDER.] 
142.16     (a) In addition to ordering income withholding for current 
142.17  support the court may order the payor of funds to withhold 
142.18  amounts to satisfy the obligor's previous arrears in support 
142.19  order payments.  Use of this remedy does not exclude the use of 
142.20  other remedies to enforce judgments.  The employer or payor of 
142.21  funds must withhold from the obligor's income an additional 
142.22  amount equal to 20 percent of the monthly child support 
142.23  obligation until the arrears are paid. 
142.24     (b) Notwithstanding any law to the contrary, funds from 
142.25  income sources included in section 517C.12, subdivision 1, 
142.26  whether periodic or lump-sum, are not exempt from attachment or 
142.27  execution upon a judgment for child support arrears. 
142.28     (c) Absent an order to the contrary, if arrears exist at 
142.29  the time a support order would otherwise terminate, income 
142.30  withholding continues in effect or may be implemented in an 
142.31  amount equal to the support order plus an additional 20 percent 
142.32  of the monthly child support obligation, until all arrears have 
142.33  been paid in full. 
142.34     Sec. 51.  [517C.61] [INTERSTATE INCOME WITHHOLDING.] 
142.35     (a) Upon receipt of an order for support entered in another 
142.36  state and the specified documentation from an authorized agency, 
143.1   the public authority must implement income withholding.  A payor 
143.2   of funds in this state must withhold income under court orders 
143.3   for withholding issued by other states or territories. 
143.4      (b) An employer receiving an income withholding notice from 
143.5   another state must withhold and distribute the funds as directed 
143.6   in the withholding notice and must apply the law of the 
143.7   obligor's principal place of employment when determining: 
143.8      (1) the employer's fee for processing an income withholding 
143.9   notice; 
143.10     (2) the maximum amount permitted to be withheld from the 
143.11  obligor's income; and 
143.12     (3) deadlines for implementing and forwarding the child 
143.13  support payment. 
143.14     (c) An obligor may contest withholding under this section 
143.15  pursuant to section 518C.506. 
143.16     Sec. 52.  [517C.62] [ORDER TERMINATING INCOME WITHHOLDING.] 
143.17     Subdivision 1.  [GENERAL PROCEDURE.] (a) An order 
143.18  terminating income withholding must specify the effective date 
143.19  of the order and reference the initial order or decree that 
143.20  establishes the support obligation.  An order terminating income 
143.21  withholding must be entered if: 
143.22     (1) the obligor serves written notice of the application 
143.23  for termination of income withholding by mail upon the obligee 
143.24  at the obligee's last known mailing address, and a duplicate 
143.25  copy of the application is served on the public authority; 
143.26     (2) the application for termination of income withholding 
143.27  specifies the event that terminates the support obligation, the 
143.28  effective date of the termination of the support obligation, and 
143.29  the applicable provisions of the order or decree that 
143.30  established the support obligation; and 
143.31     (3) the application includes the complete name of the 
143.32  obligor's payor of funds, the business mailing address, the 
143.33  court action and court file number, and the support and 
143.34  collections file number, if known. 
143.35     (b) The obligee or the public authority may request a 
143.36  contested hearing on the issue of whether income withholding 
144.1   should continue.  The request must be made within 20 days of 
144.2   receiving an application for termination of income withholding.  
144.3   The request must clearly specify the basis for continuing income 
144.4   withholding.  The obligee or public authority may make an ex 
144.5   parte motion to stay the service of an order terminating income 
144.6   withholding upon the obligor's payor of funds pending the 
144.7   outcome of the contested hearing. 
144.8      Subd. 2.  [TERMINATION BY THE PUBLIC AUTHORITY.] (a) If the 
144.9   public authority determines that income withholding is no longer 
144.10  applicable, the public authority must notify the obligee and the 
144.11  obligor of intent to terminate income withholding. 
144.12     (b) Five days after notification to the obligee and 
144.13  obligor, the public authority must issue a notice to the payor 
144.14  of funds terminating income withholding.  A court order is not 
144.15  required unless the obligee has requested an expedited child 
144.16  support hearing under section 484.702. 
144.17     Sec. 53.  [517C.63] [CHILD SUPPORT DEPOSIT ACCOUNT; 
144.18  FINANCIAL INSTITUTIONS.] 
144.19     Subdivision 1.  [APPLICATION.] If income withholding is 
144.20  ineffective due to the obligor's method of obtaining income, the 
144.21  court must order the obligor to identify a child support deposit 
144.22  account owned solely by the obligor, or to establish an account, 
144.23  in a financial institution located in this state for the purpose 
144.24  of depositing court-ordered child support payments.  The court 
144.25  must order the obligor to execute an agreement with the 
144.26  appropriate public authority for preauthorized transfers from 
144.27  the obligor's child support account payable to an account of the 
144.28  public authority.  The court must order the obligor to disclose 
144.29  to the court all deposit accounts owned by the obligor in whole 
144.30  or in part in any financial institution.  The court may order 
144.31  the obligor to disclose to the court the opening or closing of 
144.32  any deposit account owned in whole or in part by the obligor 
144.33  within 30 days of the opening or closing.  The court may order 
144.34  the obligor to execute an agreement with the appropriate public 
144.35  authority for preauthorized transfers from any deposit account 
144.36  owned in whole or in part by the obligor to the obligor's child 
145.1   support deposit account if necessary to satisfy court-ordered 
145.2   child support payments.  The court may order a financial 
145.3   institution to disclose to the court the account number and any 
145.4   other information regarding accounts owned in whole or in part 
145.5   by the obligor.  An obligor who fails to comply with this 
145.6   subdivision, fails to deposit funds in at least one deposit 
145.7   account sufficient to pay court-ordered child support, or stops 
145.8   payment or revokes authorization of a preauthorized transfer is 
145.9   subject to contempt of court procedures under chapter 588. 
145.10     Subd. 2.  [TRANSFERS.] A financial institution must execute 
145.11  preauthorized transfers for the deposit accounts of the obligor 
145.12  in the amount specified in the order and amounts required under 
145.13  this section as directed by the public authority.  A financial 
145.14  institution is liable to the obligee if funds in any of the 
145.15  obligor's deposit accounts identified in the court order equal 
145.16  the amount stated in the preauthorization agreement but are not 
145.17  transferred by the financial institution in accordance with the 
145.18  agreement. 
145.19     Sec. 54.  [517C.64] [ESCROW ACCOUNT.] 
145.20     Subdivision 1.  [ESTABLISHMENT.] (a) When determining or 
145.21  modifying a support order the court must not order income 
145.22  withholding otherwise required under sections 517C.51 to 517C.62 
145.23  if: 
145.24     (1) the court finds there are no arrears as of the date of 
145.25  the court hearing; 
145.26     (2) the obligor establishes a savings account for a sum 
145.27  equal to two months of the monthly child support obligation; and 
145.28     (3) the obligor provides proof of the existence of the 
145.29  account to the court and the public authority prior to the 
145.30  issuance of the order.  Proof of the establishment must include 
145.31  the financial institution name and address, account number, and 
145.32  the amount of deposit. 
145.33     (b) An account established under paragraph (a) must: 
145.34     (1) be at a financial institution; 
145.35     (2) bear interest; and 
145.36     (3) authorize the public authority as the sole drawer of 
146.1   funds. 
146.2      Subd. 2.  [DEFAULT.] (a) If a child support payment is ten 
146.3   days or more past due, the obligee may transmit a notice of 
146.4   default to the public authority and apply for child support 
146.5   collection services.  The notice must be verified by the obligee 
146.6   and must contain the title of the action, the court file number, 
146.7   the full name and address of the obligee, the name and last 
146.8   known address of the obligor, the obligor's last known employer 
146.9   or other payor of funds, the date of the first unpaid amount, 
146.10  the date of the last unpaid amount, and the total amount unpaid. 
146.11     (b) Within three working days of receiving a notice of 
146.12  default, the public authority must: 
146.13     (1) withdraw the funds held at the financial institution 
146.14  under this section; and 
146.15     (2) send a copy of the notice of default and a notice of 
146.16  intent to implement income withholding by mail to the obligor at 
146.17  the obligor's last known address. 
146.18     (c) The notice of intent to implement income withholding 
146.19  must state that the support order will be served on the 
146.20  obligor's employer or payor of funds unless within 15 days of 
146.21  the date of the notice the obligor: 
146.22     (1) requests a hearing on the issue of whether payment was 
146.23  in default as of the date of the notice of default; and 
146.24     (2) serves notice of the hearing request on the public 
146.25  authority and the obligee. 
146.26     Subd. 3.  [DUTIES OF THE PUBLIC AUTHORITY.] (a) Within 
146.27  three working days of withdrawing sums under subdivision 2, the 
146.28  public authority must remit all amounts not assigned to the 
146.29  public authority to the obligee as current support. 
146.30     (b) The public authority must also serve a copy of the 
146.31  court's order and the provisions of sections 517C.51 to 517C.62 
146.32  and this section on the obligor's employer or other payor of 
146.33  funds unless the obligor requests a hearing under subdivision 2, 
146.34  paragraph (c). 
146.35     (c) The public authority must inform the obligor's employer 
146.36  or other payor of funds of the date the next support payment is 
147.1   due.  Income withholding must begin on that date and must 
147.2   reflect the total credits of principal and interest amounts 
147.3   received from the escrow account. 
147.4      Subd. 4.  [HEARING.] (a) If the obligor requests a hearing 
147.5   under subdivision 2, paragraph (c), the court must hold a 
147.6   hearing within 30 days of the date of the notice of default 
147.7   under subdivision 2, paragraph (a). 
147.8      (b) If the court finds that there was a default, the court 
147.9   must order the immediate withholding of support from the 
147.10  obligor's income. 
147.11     (c) If the court finds that there was no default, the court 
147.12  must order the reestablishment of the escrow account by either 
147.13  the obligee or obligor and must not order income withholding. 
147.14     Subd. 5.  [TERMINATION OF ESCROW ACCOUNT.] (a) When the 
147.15  support obligation ends under the terms of the order or decree 
147.16  establishing the obligation and the sum held under this section 
147.17  has not otherwise been released, the public authority must 
147.18  release the sum and interest to the obligor if the obligor 
147.19  transmits a notice of termination to the public authority.  The 
147.20  notice must be verified by the obligor and must indicate: 
147.21     (1) the title of the action; 
147.22     (2) the court file number; 
147.23     (3) the full name and address of the obligee; 
147.24     (4) the event that ends the support obligation; 
147.25     (5) the effective date of the termination of support 
147.26  obligation; and 
147.27     (6) the applicable provisions of the order or decree that 
147.28  established the support obligation. 
147.29     (b) The public authority must send a copy of the notice of 
147.30  termination to the obligee. 
147.31     (c) The obligee or the public authority may request a 
147.32  hearing on the issues of whether the support obligation 
147.33  continues and whether the escrow account should continue.  The 
147.34  request must be made and served on the other parties within 20 
147.35  days of receiving a notice of termination. 
147.36     Sec. 55.  [517C.65] [TRUSTEE.] 
148.1      Subdivision 1.  [APPOINTMENT.] Upon its own motion or upon 
148.2   motion of either party, the court may appoint a trustee, when it 
148.3   is deemed expedient, to receive money ordered to be paid as 
148.4   child support for remittance to the person entitled to receive 
148.5   the payments.  The trustee may also receive property that is 
148.6   part of an award for division of marital property.  The trustee 
148.7   must hold the property in trust to invest and pay over the 
148.8   income in the manner the court directs, or to pay over the 
148.9   principal sum in the proportions and at the times the court 
148.10  orders.  In all cases, the court must consider the situation and 
148.11  circumstances of the recipient, and the children, if any.  The 
148.12  trust must give a bond, as the court requires, for the faithful 
148.13  performance of the trust.  If it appears that the recipient of 
148.14  money ordered to be paid as support will receive public 
148.15  assistance, the court must appoint the public authority as 
148.16  trustee. 
148.17     Subd. 2.  [RECORDS.] The trustee must maintain records 
148.18  listing the amount of payments, the date when payments are 
148.19  required to be made, and the names and addresses of the parties 
148.20  affected by the order. 
148.21     Subd. 3.  [COMMUNICATION.] The parties affected by the 
148.22  order must inform the trustee of a change of address or of other 
148.23  conditions that may affect the administration of the order. 
148.24     Subd. 4.  [LATE PAYMENT.] If a required support payment is 
148.25  ten days or more overdue, the trustee must send the obligor 
148.26  notice of the arrears by first class mail.  If payment of the 
148.27  sum due is not received by the trustee within ten days after 
148.28  sending notice, the trustee must certify the amount due to the 
148.29  public authority, whenever that authority is not the trustee.  
148.30  If the public authority refers the arrears to the county 
148.31  attorney, the county attorney may initiate enforcement 
148.32  proceedings against the obligor for support. 
148.33     Sec. 56.  [517C.66] [OVERPAYMENTS.] 
148.34     If child support is not assigned under section 256.741, and 
148.35  an obligor has overpaid a child support obligation because of a 
148.36  modification or error in the amount owed, the public authority 
149.1   must: 
149.2      (1) apply the amount of the overpayment to reduce the 
149.3   amount of child support arrears or debts owed to the obligee; 
149.4   and 
149.5      (2) if an overpayment exists after the reduction of arrears 
149.6   or debt, reduce the amount of the child support remitted to the 
149.7   obligee by an amount no greater than 20 percent of the current 
149.8   monthly support obligation and remit this amount to the obligor 
149.9   until the overpayment is reduced to zero. 
149.10     Sec. 57.  [517C.67] [ALTERNATE NOTICE OF COURT ORDER.] 
149.11     Whenever this chapter requires service of a court's order 
149.12  on an employer, union, or payor of funds, service of a verified 
149.13  notice of order may be made in lieu of the order.  The verified 
149.14  notice must contain the title of the action, the name of the 
149.15  court, the court file number, the date of the court order, and 
149.16  must recite the operative provisions of the order. 
149.17     Sec. 58.  [517C.70] [CHILD SUPPORT AND PARENTING TIME ARE 
149.18  INDEPENDENT.] 
149.19     (a) Failure by a party to make support payments is not a 
149.20  defense to:  
149.21     (1) interference with parenting time rights; or 
149.22     (2) removing a child from this state without the permission 
149.23  of the court or of a parent who has been given parenting time. 
149.24     (b) Interference with parenting time rights or taking a 
149.25  child from this state without permission of the court or of a 
149.26  parent who has been given parenting time is not a defense to 
149.27  nonpayment of support. 
149.28     (c) If a party fails to make support payments, interferes 
149.29  with parenting time rights, or removes a child from this state 
149.30  without permission of the court or of a parent who has been 
149.31  given parenting time, the other party may petition the court for 
149.32  an appropriate order. 
149.33     Sec. 59.  [517C.705] [SIX-MONTH REVIEW.] 
149.34     A decree or order that establishes child support rights and 
149.35  obligations must contain a review date six months after its 
149.36  entry according to section 517A.25. 
150.1      Sec. 60.  [517C.71] [PAYMENT AGREEMENTS.] 
150.2      Subdivision 1.  [GENERAL REQUIREMENTS.] An obligor who has 
150.3   child support arrears may enter into a payment agreement that 
150.4   addresses payment of both current and overdue support.  Payment 
150.5   agreements must: 
150.6      (1) be in writing; 
150.7      (2) address both current support and arrears; and 
150.8      (3) be approved by the court, a child support magistrate, 
150.9   or the public authority. 
150.10     Subd. 2.  [CONSIDERATIONS.] In proposing or approving 
150.11  proposed payment agreements for purposes of this chapter, the 
150.12  court, a child support magistrate, or the public authority must 
150.13  take into consideration the amount of the arrears, the amount of 
150.14  the current support order, any pending request for modification, 
150.15  and the earnings of the obligor.  The court, child support 
150.16  magistrate, or public authority must consider the individual 
150.17  financial circumstances of each obligor in evaluating the 
150.18  obligor's ability to pay a proposed payment agreement and must 
150.19  propose a reasonable payment agreement tailored to the 
150.20  individual financial circumstances of each obligor. 
150.21     Sec. 61.  [517C.72] [SEEK EMPLOYMENT ORDERS.] 
150.22     Subdivision 1.  [COURT ORDER.] (a) When the public 
150.23  authority is enforcing a support order, the public authority may 
150.24  seek a court order requiring an obligor to seek employment if: 
150.25     (1) employment of the obligor cannot be verified; 
150.26     (2) the obligor has child support arrears amounting to at 
150.27  least three times the obligor's total monthly support payments; 
150.28  and 
150.29     (3) the obligor is not in compliance with a payment 
150.30  agreement. 
150.31     (b) Upon proper notice to the obligor, the court may enter 
150.32  a seek employment order if it finds that the obligor has not 
150.33  provided proof of gainful employment and has not consented to an 
150.34  order for income withholding or entered into a payment agreement.
150.35     Subd. 2.  [CONTENTS OF ORDER.] The order to seek employment 
150.36  must: 
151.1      (1) order that the obligor seek employment within a 
151.2   determinate amount of time; 
151.3      (2) order that the obligor file with the public authority a 
151.4   weekly report of at least five new attempts to find employment 
151.5   or of having found employment.  The report must include the 
151.6   names, addresses, and telephone numbers of the employers or 
151.7   businesses with whom the obligor attempted to obtain employment 
151.8   and the name of the individual contact at each employer or 
151.9   business to whom the obligor made application for employment or 
151.10  to whom an inquiry was directed; 
151.11     (3) notify the obligor that failure to comply with the 
151.12  order is evidence of a willful failure to pay support under 
151.13  section 517C.74; 
151.14     (4) order that the obligor provide the public authority 
151.15  with verification of any reason for noncompliance with the 
151.16  order; and 
151.17     (5) specify the duration of the order, not to exceed three 
151.18  months. 
151.19     Sec. 62.  [517C.73] [ORDER FOR COMMUNITY SERVICES.] 
151.20     If the court finds that the obligor earns $400 or less per 
151.21  month and does not have the ability to provide support based on 
151.22  the guidelines and factors in this chapter, the court may order 
151.23  the obligor to perform community services to fulfill the 
151.24  obligor's support obligation.  In ordering community services 
151.25  under this section, the court must consider whether the obligor 
151.26  has the physical capability to perform community services, and 
151.27  must order community services that are appropriate for the 
151.28  obligor's abilities. 
151.29     Sec. 63.  [517C.74] [CONTEMPT PROCEEDINGS FOR NONPAYMENT OF 
151.30  SUPPORT.] 
151.31     Subdivision 1.  [GROUNDS.] If a person against whom an 
151.32  order or decree for support has been entered under this chapter, 
151.33  chapter 256, or a comparable law from another jurisdiction, has 
151.34  child support arrears amounting to at least three times the 
151.35  obligor's total monthly support obligation and is not in 
151.36  compliance with a payment agreement, the person may be cited and 
152.1   punished by the court for contempt under chapter 588 or this 
152.2   section.  Failure to comply with a seek employment order entered 
152.3   under section 517C.72 is evidence of willful failure to pay 
152.4   support. 
152.5      Subd. 2.  [COURT OPTIONS.] (a) If a court cites a person 
152.6   for contempt under this section, and the obligor lives in a 
152.7   county that contracts with the commissioner of human services 
152.8   under section 256.997, the court may order the performance of 
152.9   community service work up to 32 hours per week for six weeks for 
152.10  each finding of contempt if the obligor: 
152.11     (1) is able to work full time; 
152.12     (2) works an average of less than 32 hours per week; and 
152.13     (3) has actual weekly gross income averaging less than 40 
152.14  times the federal minimum hourly wage under United States Code, 
152.15  title 29, section 206(a)(1), or is voluntarily earning less than 
152.16  the obligor has the ability to earn, as determined by the court. 
152.17     (b) An obligor is presumed to be able to work full time.  
152.18  The obligor has the burden of proving inability to work full 
152.19  time. 
152.20     Subd. 3.  [RELEASE.] A person ordered to do community 
152.21  service work under subdivision 2 may, during the six-week 
152.22  period, apply to the court, an administrative law judge, or the 
152.23  public authority to be released from the community service work 
152.24  requirement if the person: 
152.25     (1) provides proof to the court, an administrative law 
152.26  judge, or the public authority that the person is gainfully 
152.27  employed and submits to an order for income withholding under 
152.28  section 517C.52; 
152.29     (2) enters into a payment agreement; or 
152.30     (3) provides proof to the court, an administrative law 
152.31  judge, or the public authority that, after entry of the order, 
152.32  the person's circumstances have so changed that the person is no 
152.33  longer able to fulfill the terms of the community service order. 
152.34     Subd. 4.  [CONTINUING OBLIGATIONS.] The performance of 
152.35  community service work does not relieve an obligor of a current 
152.36  support obligation or arrears. 
153.1      Sec. 64.  [517C.745] [SECURITY; SEQUESTRATION; CONTEMPT.] 
153.2      (a) In all cases when support payments are ordered, the 
153.3   court may require sufficient security to be given for the 
153.4   payment of them according to the terms of the order.  Upon 
153.5   neglect or refusal to give security, or upon failure to pay the 
153.6   support, the court may sequester the obligor's personal estate 
153.7   and the rents and profits of real estate of the obligor, and 
153.8   appoint a receiver of them.  The court may cause the personal 
153.9   estate and the rents and profits of the real estate to be 
153.10  applied according to the terms of the order. 
153.11     (b) The obligor is presumed to have an income from a source 
153.12  sufficient to pay the support order.  A child support order 
153.13  constitutes prima facie evidence that the obligor has the 
153.14  ability to pay the award.  If the obligor disobeys the order, it 
153.15  is prima facie evidence of contempt.  The court may cite the 
153.16  obligor for contempt under this section, section 517C.74, or 
153.17  chapter 588. 
153.18     Sec. 65.  [517C.75] [DRIVER'S LICENSE SUSPENSION.] 
153.19     Subdivision 1.  [FACTORS WARRANTING SUSPENSION.] An 
153.20  obligor's driver's license must be suspended if: 
153.21     (1) the obligor has child support arrears amounting to at 
153.22  least three times the obligor's total monthly support obligation 
153.23  and the obligor is not in compliance with a payment agreement; 
153.24  or 
153.25     (2) the obligor has failed, after receiving notice, to 
153.26  comply with a subpoena relating to a paternity or child support 
153.27  proceeding. 
153.28     Subd. 2.  [FACTORS WARRANTING ISSUANCE OF A LIMITED 
153.29  LICENSE.] An obligor may be issued a limited license if: 
153.30     (1) the obligor has child support arrears amounting to 
153.31  three to six times the obligor's total monthly support 
153.32  obligation and the obligor is not in compliance with a payment 
153.33  agreement; and 
153.34     (2) the obligor's employment, attendance at 
153.35  employment-related education or training, or compliance with 
153.36  court-ordered parenting time depends upon the use of a driver's 
154.1   license. 
154.2      Subd. 3.  [MOTION; HEARING; PROCEDURE.] (a) Upon the motion 
154.3   of a party, the court must order the commissioner of public 
154.4   safety to suspend an obligor's driver's license if the court 
154.5   finds that a factor in subdivision 1 exists or may order the 
154.6   commissioner of public safety to issue a limited license to the 
154.7   obligor if the court finds that the factors in subdivision 2 
154.8   exist. 
154.9      (b) The motion must be properly served and there must be an 
154.10  opportunity for a hearing pursuant to court rules.  If a hearing 
154.11  is requested, the obligor must be served written notice of the 
154.12  time and date of the hearing at least 14 days prior to the 
154.13  hearing.  The notice must specify the allegations against the 
154.14  obligor.  The notice may be served personally or by mail. 
154.15     (c) The court's order must be stayed for 90 days in order 
154.16  to allow the obligor to enter into a payment agreement.  If the 
154.17  obligor has not entered into or is not in compliance with a 
154.18  payment agreement after the 90 days expire, the court's order 
154.19  becomes effective and the commissioner of public safety must 
154.20  suspend the obligor's driver's license. 
154.21     (d) An obligee may not make a motion under this section 
154.22  within 12 months of a denial of a previous motion under this 
154.23  section. 
154.24     (e) At a hearing regarding the obligor's failure to comply 
154.25  with a subpoena, the only issues to be considered are mistake of 
154.26  fact and whether the obligor received the subpoena. 
154.27     Subd. 4.  [SUSPENSION INITIATED BY THE PUBLIC 
154.28  AUTHORITY.] (a) The public authority must direct the 
154.29  commissioner of public safety to suspend an obligor's driver's 
154.30  license if the public authority determines that a factor in 
154.31  subdivision 1 exists or may direct the commissioner of public 
154.32  safety to issue a limited license to the obligor if the public 
154.33  authority determines that the factors in subdivision 2 exist. 
154.34     (b) At least 90 days before directing the suspension of a 
154.35  driver's license the public authority must attempt to notify the 
154.36  obligor that it intends to seek suspension and that the obligor 
155.1   must request a hearing within 30 days in order to contest the 
155.2   suspension.  The notice must be in writing and mailed to the 
155.3   obligor at the obligor's last known address. 
155.4      (c) If the obligor makes a written request for a hearing 
155.5   within 30 days, a court hearing must be held.  The public 
155.6   authority must then make a motion to the court and schedule a 
155.7   hearing.  The matter must then proceed under subdivision 2. 
155.8      (d) If the public authority does not receive a request for 
155.9   a hearing within 30 days and the obligor does not enter into a 
155.10  payment agreement within 90 days of the date of the notice, the 
155.11  public authority must direct the commissioner of public safety 
155.12  to suspend the obligor's driver's license. 
155.13     Subd. 5.  [FAILURE TO REMAIN IN COMPLIANCE WITH A PAYMENT 
155.14  AGREEMENT.] The license of an obligor who fails to remain in 
155.15  compliance with a payment agreement may be suspended.  Notice to 
155.16  the obligor of intent to suspend under this subdivision must be 
155.17  served by first class mail at the obligor's last known address 
155.18  and must include a notice of hearing.  The notice must be served 
155.19  upon the obligor not less than ten days before the date of the 
155.20  hearing.  If the obligor appears at the hearing and the judge 
155.21  determines that the obligor has failed to comply with a payment 
155.22  agreement, the judge must notify the department of public safety 
155.23  to suspend the obligor's license.  If the obligor fails to 
155.24  appear at the hearing, the public authority may notify the 
155.25  department of public safety to suspend the obligor's license. 
155.26     Subd. 6.  [REINSTATEMENT.] An obligor whose driver's 
155.27  license or operating privileges are suspended may provide proof 
155.28  to the public authority that the obligor is in compliance with 
155.29  all payment agreements.  Within 15 days of the receipt of that 
155.30  proof, the public authority must inform the commissioner of 
155.31  public safety that the obligor's driver's license or operating 
155.32  privileges should no longer be suspended. 
155.33     Subd. 7.  [REPORT TO THE LEGISLATURE.] On January 15, 2003, 
155.34  and every two years after that, the commissioner of human 
155.35  services must submit a report to the legislature that identifies 
155.36  the following information relevant to the implementation of this 
156.1   section: 
156.2      (1) the number of child support obligors notified of an 
156.3   intent to suspend a driver's license; 
156.4      (2) the amount collected in payments from the child support 
156.5   obligors notified of an intent to suspend a driver's license; 
156.6      (3) the number of cases paid in full and payment agreements 
156.7   executed in response to notification of an intent to suspend a 
156.8   driver's license; 
156.9      (4) the number of cases in which there has been 
156.10  notification and no payments or payment agreements; 
156.11     (5) the number of driver's licenses suspended; and 
156.12     (6) the cost of implementation and operation of the 
156.13  requirements of this section. 
156.14     Sec. 66.  [517C.76] [OCCUPATIONAL LICENSE SUSPENSION.] 
156.15     Subdivision 1.  [FACTORS WARRANTING SUSPENSION.] An 
156.16  obligor's occupational license must be suspended if: 
156.17     (1) the obligor has child support arrears amounting to at 
156.18  least three times the obligor's total monthly support obligation 
156.19  and the obligor is not in compliance with a payment agreement; 
156.20  or 
156.21     (2) the obligor has failed, after receiving notice, to 
156.22  comply with a subpoena relating to a paternity or child support 
156.23  proceeding. 
156.24     Subd. 2.  [MOTION; HEARING; PROCEDURE.] (a) Upon the motion 
156.25  of a party, the court must order a licensing board or agency to 
156.26  suspend an obligor's license under section 214.101 if the court 
156.27  finds that a factor in subdivision 1 exists. 
156.28     (b) The motion must be properly served and there must be an 
156.29  opportunity for a hearing pursuant to court rules.  If a hearing 
156.30  is requested, the obligor must be served written notice of the 
156.31  time and date of the hearing at least 14 days prior to the 
156.32  hearing.  The notice must specify the allegations against the 
156.33  obligor.  The notice may be served personally or by mail. 
156.34     (c) The court's order must be stayed for 90 days in order 
156.35  to allow the obligor to enter into a payment agreement.  If the 
156.36  obligor has not entered into or is not in compliance with a 
157.1   payment agreement after the 90 days expire, the court's order 
157.2   becomes effective. 
157.3      (d) At a hearing regarding the obligor's failure to comply 
157.4   with a subpoena, the only issues to be considered are mistake of 
157.5   fact and whether the obligor received the subpoena. 
157.6      (e) If the obligor is a licensed attorney, the court must 
157.7   report the matter to the lawyer's professional responsibility 
157.8   board for appropriate action in accordance with the Rules of 
157.9   Professional Conduct. 
157.10     Subd. 3.  [SUSPENSION INITIATED BY THE PUBLIC 
157.11  AUTHORITY.] (a) The public authority must direct a licensing 
157.12  board or agency to suspend an obligor's license under section 
157.13  214.101 if the public authority determines that the factors in 
157.14  subdivision 1 exist. 
157.15     (b) At least 90 days before directing the suspension of an 
157.16  occupational license, the public authority must attempt to 
157.17  notify the obligor that it intends to seek suspension and that 
157.18  the obligor must request a hearing within 30 days in order to 
157.19  contest the suspension.  The notice must be in writing and 
157.20  mailed to the obligor at the obligor's last known address. 
157.21     (c) If the obligor makes a written request for a hearing 
157.22  within 30 days a court hearing must be held.  The public 
157.23  authority must then make a motion to the court and schedule a 
157.24  hearing.  The matter must then proceed under subdivision 2. 
157.25     (d) If the public authority does not receive a request for 
157.26  a hearing within 30 days and the obligor does not execute a 
157.27  payment agreement within 90 days of the date of the notice, the 
157.28  public authority must direct the licensing board or agency to 
157.29  suspend the obligor's license. 
157.30     (e) If the obligor is a licensed attorney, the public 
157.31  authority may report the matter to the lawyer's professional 
157.32  responsibility board for appropriate action in accordance with 
157.33  the Rules of Professional Conduct. 
157.34     Subd. 4.  [FAILURE TO REMAIN IN COMPLIANCE WITH AN APPROVED 
157.35  PAYMENT AGREEMENT.] The license of an obligor who fails to 
157.36  remain in compliance with a payment agreement may be suspended.  
158.1   Notice to the obligor of an intent to suspend under this 
158.2   subdivision must be served by first class mail at the obligor's 
158.3   last known address and must include a notice of hearing.  The 
158.4   notice must be served upon the obligor not less than ten days 
158.5   before the date of the hearing.  If the obligor appears at the 
158.6   hearing and the judge determines that the obligor has failed to 
158.7   comply with a payment agreement, the judge must notify the 
158.8   licensing board or agency to suspend the obligor's license.  If 
158.9   the obligor fails to appear at the hearing, the public authority 
158.10  may notify the licensing board or agency to suspend the 
158.11  obligor's license. 
158.12     Subd. 5.  [REINSTATEMENT.] An obligor whose occupational 
158.13  license is suspended may provide proof to the public authority 
158.14  that the obligor is in compliance with all payment agreements.  
158.15  Within 15 days of the receipt of that proof, the public 
158.16  authority must inform the licensing board or agency or the 
158.17  lawyer's professional responsibility board that the obligor is 
158.18  no longer ineligible for license issuance, reinstatement, or 
158.19  renewal under this section. 
158.20     Sec. 67.  [517C.77] [DATA ON SUSPENSIONS FOR SUPPORT 
158.21  ARREARS.] 
158.22     Notwithstanding section 13.03, subdivision 4, paragraph 
158.23  (c), data on an occupational license suspension under section 
158.24  517C.76 or a driver's license suspension under section 517C.75, 
158.25  that are transferred by the department of human services to 
158.26  respectively the department of public safety or a state, county, 
158.27  or municipal occupational licensing agency must have the same 
158.28  classification at the department of public safety or other 
158.29  receiving agency under section 13.02, as other license 
158.30  suspension data held by the receiving agency.  The transfer of 
158.31  the data does not affect the classification of the data in the 
158.32  hands of the department of human services. 
158.33     Sec. 68.  [517C.78] [RECREATIONAL LICENSE SUSPENSION.] 
158.34     Subdivision 1.  [MOTION; FACTORS.] (a) A party may make a 
158.35  motion to suspend the recreational license or licenses of an 
158.36  obligor.  The motion must be served on the obligor in person or 
159.1   by first class mail at the obligor's last known address.  There 
159.2   must be an opportunity for a hearing.  The court may direct the 
159.3   commissioner of natural resources to suspend or bar receipt of 
159.4   the obligor's recreational license or licenses if it finds that: 
159.5      (1) the obligor has child support arrears amounting to at 
159.6   least six times the obligor's total monthly support payments and 
159.7   the obligor is not in compliance with a payment agreement; or 
159.8      (2) the obligor has failed, after receiving notice, to 
159.9   comply with a subpoena relating to a paternity or child support 
159.10  proceeding. 
159.11     (b) Prior to utilizing this section, the court must find 
159.12  that other substantial enforcement mechanisms have been 
159.13  attempted but have not resulted in compliance. 
159.14     Subd. 2.  [AFFECTED LICENSES.] For purposes of this 
159.15  section, a recreational license includes all licenses, permits, 
159.16  and stamps issued centrally by the commissioner of natural 
159.17  resources under sections 97B.301, 97B.401, 97B.501, 97B.515, 
159.18  97B.601, 97B.715, 97B.721, 97B.801, 97C.301, and 97C.305. 
159.19     Subd. 3.  [REINSTATEMENT.] An obligor whose recreational 
159.20  license has been suspended or barred may provide proof to the 
159.21  court that the obligor is in compliance with all payment 
159.22  agreements.  Within 15 days of receipt of that proof, the court 
159.23  must notify the commissioner of natural resources that the 
159.24  obligor's recreational license or licenses must no longer be 
159.25  suspended nor may receipt be barred. 
159.26     Sec. 69.  [517C.79] [MOTOR VEHICLE LIEN.] 
159.27     Subdivision 1.  [FACTORS WARRANTING LIEN.] A lien must be 
159.28  entered on any motor vehicle certificate of title subsequently 
159.29  issued in the name of an obligor if the obligor has child 
159.30  support arrears amounting to at least three times the obligor's 
159.31  total monthly support obligation and the obligor is not in 
159.32  compliance with a payment agreement. 
159.33     Subd. 2.  [MOTION; HEARING; PROCEDURE.] (a) Upon the motion 
159.34  of a party, if the court finds that the factors in subdivision 1 
159.35  exist, the court must order the commissioner of public safety to 
159.36  enter a lien in the name of the obligee or in the name of the 
160.1   state of Minnesota, as appropriate, under section 168A.05, 
160.2   subdivision 8, on any motor vehicle certificate of title 
160.3   subsequently issued in the name of the obligor. 
160.4      (b) The motion must be properly served and there must be an 
160.5   opportunity for a hearing pursuant to court rules.  If a hearing 
160.6   is requested, the obligor must be served written notice of the 
160.7   time and date of the hearing at least 14 days prior to the 
160.8   hearing.  The notice must specify the allegations against the 
160.9   obligor.  The notice may be served personally or by mail. 
160.10     (c) The court's order must be stayed for 90 days in order 
160.11  to allow the obligor to enter into a payment agreement.  If the 
160.12  obligor has not entered into or is not in compliance with a 
160.13  payment agreement after the 90 days expires, the court's order 
160.14  becomes effective and the commissioner of public safety must 
160.15  record the lien on any motor vehicle certificate of title 
160.16  subsequently issued in the name of the obligor. 
160.17     Subd. 3.  [LIEN INITIATED BY THE PUBLIC AUTHORITY.] (a) If 
160.18  the public authority determines that the factors in subdivision 
160.19  1 exist, the public authority must direct the commissioner of 
160.20  public safety to enter a lien in the name of the obligee or in 
160.21  the name of the state of Minnesota, as appropriate, under 
160.22  section 168A.05, subdivision 8, on any motor vehicle certificate 
160.23  of title subsequently issued in the name of the obligor. 
160.24     (b) At least 90 days before directing the entry of a lien 
160.25  under this section the public authority must attempt to notify 
160.26  the obligor that it intends to record a lien and that the 
160.27  obligor must request a hearing within 30 days in order to 
160.28  contest the action.  The notice must be in writing and mailed to 
160.29  the obligor at the obligor's last known address. 
160.30     (c) If the obligor makes a written request for a hearing 
160.31  within 30 days a court hearing must be held.  The public 
160.32  authority must then make a motion to the court and schedule a 
160.33  hearing.  The matter must then proceed under subdivision 2. 
160.34     (d) If the public authority does not receive a request for 
160.35  a hearing within 30 days and the obligor does not enter into a 
160.36  payment agreement within 90 days of the date of the notice, the 
161.1   public authority must direct the commissioner of public safety 
161.2   to record the lien. 
161.3      Subd. 4.  [RELEASE.] An obligor may provide proof to the 
161.4   court or the public authority that the obligor is in compliance 
161.5   with all payment agreements or that the value of the motor 
161.6   vehicle is less than the exemption provided under section 
161.7   550.37.  Within 15 days of the receipt of that proof, the court 
161.8   or public authority must either: 
161.9      (1) execute a release of security interest under section 
161.10  168A.20, subdivision 4, and mail or deliver the release to the 
161.11  owner or other authorized person; or 
161.12     (2) in instances where a lien has not yet been entered, 
161.13  direct the commissioner of public safety not to enter a lien on 
161.14  any motor vehicle certificate of title subsequently issued in 
161.15  the name of the obligor. 
161.16     Subd. 5.  [NONEXEMPT VALUE.] A lien recorded against a 
161.17  motor vehicle certificate of title under this section and 
161.18  section 168A.05, subdivision 8, attaches only to the nonexempt 
161.19  value of the motor vehicle as determined in accordance with 
161.20  section 550.37.  The value of a motor vehicle must be determined 
161.21  in accordance with the retail value described in the National 
161.22  Auto Dealers Association Official Used Car Guide, Midwest 
161.23  Edition, for the current year, or in accordance with the 
161.24  purchase price as defined in section 297B.01, subdivision 8. 
161.25     Sec. 70.  [517C.80] [PUBLICATION OF NAMES OF DELINQUENT 
161.26  CHILD SUPPORT OBLIGORS.] 
161.27     Subdivision 1.  [MAKING NAMES PUBLIC.] At least once each 
161.28  year, the commissioner of human services, in consultation with 
161.29  the attorney general, may publish a list of the names and other 
161.30  identifying information of no more than 25 persons who: 
161.31     (1) are child support obligors; 
161.32     (2) are at least $10,000 in arrears; 
161.33     (3) are not in compliance with a payment agreement 
161.34  regarding both current support and arrears approved by the 
161.35  court, a child support magistrate, or the public authority; 
161.36     (4) cannot currently be located by the public authority for 
162.1   the purposes of enforcing a support order; and 
162.2      (5) have not made a support payment except tax intercept 
162.3   payments, in the preceding 12 months. 
162.4      Subd. 2.  [IDENTIFYING INFORMATION.] Identifying 
162.5   information may include the obligor's name, last known address, 
162.6   amount owed, date of birth, photograph, the number of children 
162.7   for whom support is owed, and any additional information about 
162.8   the obligor that would assist in identifying or locating the 
162.9   obligor.  The commissioner and attorney general may use posters, 
162.10  media presentations, electronic technology, and other means that 
162.11  the commissioner and attorney general determine are appropriate 
162.12  for dissemination of the information, including publication on 
162.13  the Internet.  The commissioner and attorney general may make 
162.14  any or all of the identifying information regarding these 
162.15  persons public.  Information regarding an obligor who meets the 
162.16  criteria in this section will only be made public subsequent to 
162.17  that person's selection by the commissioner and attorney general.
162.18     Subd. 3.  [NOTICE.] (a) Before making public the name of 
162.19  the obligor, the department of human services must send a notice 
162.20  to the obligor's last known address stating the department's 
162.21  intention to make public information on the obligor.  The notice 
162.22  must also provide an opportunity to have the obligor's name 
162.23  removed from the list by paying the arrears or by entering into 
162.24  an agreement to pay the arrears, or by providing information to 
162.25  the public authority that there is good cause not to make the 
162.26  information public.  The notice must include the final date when 
162.27  the payment or agreement can be accepted. 
162.28     (b) The department of human services must obtain the 
162.29  written consent of the obligee to make the name of the obligor 
162.30  public. 
162.31     Subd. 4.  [NAMES PUBLISHED IN ERROR.] If the commissioner 
162.32  makes a name public under subdivision 1 in error, the 
162.33  commissioner must also offer to publish a printed retraction and 
162.34  a public apology acknowledging that the name was made public in 
162.35  error.  If the person whose name was made public in error elects 
162.36  the public retraction and apology, the retraction and apology 
163.1   must appear in the same medium and the same format as the 
163.2   original notice where the name was listed in error.  In addition 
163.3   to the right of a public retraction and apology, a person whose 
163.4   name was made public in error has a civil action for damages 
163.5   caused by the error. 
163.6      Sec. 71.  [517C.81] [COLLECTION; ARREARS.] 
163.7      Subdivision 1.  [COLLECTION OF ARREARS TO CONTINUE AFTER 
163.8   CHILD IS EMANCIPATED.] Remedies available for the collection and 
163.9   enforcement of support in this chapter and chapters 256, 257, 
163.10  and 518C also apply to cases in which a child for whom support 
163.11  is owed is emancipated and the obligor owes past support or has 
163.12  accumulated arrears.  Child support arrears under this section 
163.13  include arrears for child support, medical support, child care, 
163.14  pregnancy and birth expenses, and unreimbursed medical expenses 
163.15  as defined in section 517C.15. 
163.16     Subd. 2.  [RETROACTIVE APPLICATION.] This section applies 
163.17  retroactively to support arrears that accrued on or before the 
163.18  date of enactment and to all arrears accruing after the date of 
163.19  enactment. 
163.20     Subd. 3.  [LIMITATIONS.] Past support or pregnancy and 
163.21  confinement expenses ordered for which the obligor has specific 
163.22  court ordered terms for repayment may not be enforced using 
163.23  drivers' and occupational or professional license suspension, 
163.24  credit bureau reporting, and additional income withholding under 
163.25  section 517C.60, unless the obligor fails to comply with the 
163.26  terms of the court order for repayment. 
163.27     Subd. 4.  [PAYMENT OF ARREARS.] Absent a court order to the 
163.28  contrary, if an arrearage exists at the time a support order 
163.29  would otherwise terminate and section 517C.60, does not apply, 
163.30  the arrearage must be repaid in an amount equal to the current 
163.31  support order until all arrears have been paid in full. 
163.32     Subd. 5.  [PAYMENT AGREEMENT.] If an arrearage exists 
163.33  according to a support order which fails to establish a monthly 
163.34  support obligation in a specific dollar amount, the public 
163.35  authority, if it provides child support collection services, or 
163.36  the obligee, may establish a payment agreement.  The payment 
164.1   agreement must equal what the obligor would pay for current 
164.2   child support, plus an additional 20 percent of the current 
164.3   child support obligation, until the obligor pays all arrears in 
164.4   full.  If the obligor fails to enter into or comply with a 
164.5   payment agreement, the public authority, if it provides child 
164.6   support collection services, or the obligee may file a motion 
164.7   for a court order establishing repayment terms. 
164.8      Sec. 72.  [517C.82] [COLLECTION; REVENUE RECAPTURE.] 
164.9      The public authority may submit debt under chapter 270A 
164.10  only if the obligor is in arrears in court-ordered child support 
164.11  or maintenance payments, or both, in an amount greater than the 
164.12  obligor's total monthly support and maintenance payments or if 
164.13  the debt has been entered and docketed as a judgment under 
164.14  section 548.09, subdivision 2a. 
164.15     Sec. 73.  [517C.83] [CASE REVIEWER.] 
164.16     The commissioner must make a case reviewer available to 
164.17  obligors and obligees.  The reviewer must be available to answer 
164.18  questions concerning the collection process and to review the 
164.19  collection activity taken.  A reviewer who reasonably believes 
164.20  that a particular action being taken is unreasonable or unfair 
164.21  may make recommendations to the commissioner and the applicable 
164.22  county in regard to the collection action. 
164.23     Sec. 74.  [517C.84] [ATTORNEY FEES; COLLECTION COSTS.] 
164.24     Subdivision 1.  [GENERAL.] (a) A child support obligee is 
164.25  entitled to recover from the obligor reasonable attorney fees 
164.26  and other collection costs incurred to enforce a child support 
164.27  judgment, as provided in this section. 
164.28     (b) In order to recover collection costs under this 
164.29  section, the arrears must be at least $500 and must be at least 
164.30  90 days past due.  In addition, the arrears must be a docketed 
164.31  judgment under sections 548.09 and 548.091. 
164.32     (c) If the obligor pays in full the judgment rendered under 
164.33  section 548.091 within 20 days of receipt of notice of entry of 
164.34  judgment, the obligee is not entitled to recover attorney fees 
164.35  or collection costs under this section. 
164.36     Subd. 2.  [ENFORCEMENT.] Attorney fees and collection costs 
165.1   obtained under this section are considered child support and 
165.2   entitled to the applicable remedies for collection and 
165.3   enforcement of child support. 
165.4      Subd. 3.  [NOTICE TO PUBLIC AUTHORITY.] If the public 
165.5   authority is a party to a case, an obligee must provide written 
165.6   notice to the public authority within five days of: 
165.7      (1) contracting with an attorney or collection entity to 
165.8   enforce a child support judgment; or 
165.9      (2) receipting payments received on a child support 
165.10  judgment. 
165.11     Subd. 4.  [NOTICE TO OBLIGOR; HEARING.] (a) The obligee 
165.12  must serve notice of the obligee's intent to recover attorney 
165.13  fees and collections costs by certified or registered mail on 
165.14  the obligor at the obligor's last known address.  The notice 
165.15  must include an itemization of the attorney fees and collection 
165.16  costs being sought by the obligee.  It must inform the obligor 
165.17  that the fees and costs will become an additional judgment for 
165.18  child support unless, within 20 days of mailing of the notice, 
165.19  the obligor requests a hearing: 
165.20     (1) on the reasonableness of the fees and costs; or 
165.21     (2) to contest the child support judgment on grounds 
165.22  limited to mistake of fact. 
165.23     (b) If the obligor requests a hearing, the only issues to 
165.24  be determined by the court are: 
165.25     (1) whether the attorney fees or collection costs were 
165.26  reasonably incurred by the obligee for the enforcement of a 
165.27  child support judgment against the obligor; or 
165.28     (2) the validity of the child support judgment on grounds 
165.29  limited to mistake of fact. 
165.30     (c) The fees and costs may not exceed 30 percent of the 
165.31  arrears.  The court may modify the amount of attorney fees and 
165.32  costs as appropriate and must enter judgment accordingly. 
165.33     (d) If the obligor fails to request a hearing within 20 
165.34  days of mailing of the notice under paragraph (a), the amount of 
165.35  the attorney fees or collection costs requested by the obligee 
165.36  in the notice automatically becomes an additional judgment for 
166.1   child support. 
166.2      Subd. 5.  [FORMS.] The commissioner of human services must 
166.3   prepare and make available to the court and the parties forms 
166.4   for use in providing for notice and requesting a hearing under 
166.5   this section. 
166.6      Sec. 75.  [517C.99] [REQUIRED NOTICES.] 
166.7      Subdivision 1.  [REQUIREMENT.] Every court order or 
166.8   judgment and decree that provides for child support, spousal 
166.9   maintenance, custody, or parenting time must contain certain 
166.10  notices as set out in subdivision 3.  The information in the 
166.11  notices must be concisely stated in plain language.  The notices 
166.12  must be in clearly legible print, but may not exceed two pages.  
166.13  An order or judgment and decree without the notice remains 
166.14  subject to all statutes.  The court may waive all or part of the 
166.15  notice required under subdivision 3 relating to change of 
166.16  address notification and similar information if it finds it is 
166.17  necessary to protect the welfare of a party or child. 
166.18     Subd. 2.  [COPIES OF LAWS AND FORMS.] The district court 
166.19  administrator must make copies of the sections referred to in 
166.20  subdivision 3 available at no charge and must provide forms to 
166.21  request or contest attorney fees, collection costs, and 
166.22  cost-of-living increases. 
166.23     Subd. 3.  [CONTENTS.] The required notices must be 
166.24  substantially as follows: 
166.25                         IMPORTANT NOTICE 
166.26  1.  PAYMENTS TO PUBLIC AGENCY 
166.27     According to Minnesota Statutes, section 517C.35, payments 
166.28     ordered for maintenance and support must be paid to the 
166.29     public agency responsible for child support enforcement as 
166.30     long as the person entitled to receive the payments is 
166.31     receiving or has applied for public assistance or has 
166.32     applied for support and maintenance collection services.  
166.33     MAIL PAYMENTS TO: 
166.34  2.  DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 
166.35  FELONY 
166.36     A person may be charged with a felony who conceals a minor 
167.1      child or takes, obtains, retains, or fails to return a 
167.2      minor child from or to the child's parent (or person with 
167.3      custodial or visitation rights), according to Minnesota 
167.4      Statutes, section 609.26.  A copy of that section is 
167.5      available from any district court clerk. 
167.6   3.  NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES 
167.7      A person who fails to pay court-ordered child support or 
167.8      maintenance may be charged with a crime, which may include 
167.9      misdemeanor, gross misdemeanor, or felony charges, 
167.10     according to Minnesota Statutes, section 609.375.  A copy 
167.11     of that section is available from any district court clerk. 
167.12  4.  RULES OF SUPPORT, MAINTENANCE, PARENTING TIME 
167.13     (a) Payment of support or spousal maintenance is to be as 
167.14     ordered, and the giving of gifts or making purchases of 
167.15     food, clothing, and the like will not fulfill the 
167.16     obligation. 
167.17     (b) Payment of support must be made as it becomes due, and 
167.18     failure to secure or denial of parenting time is NOT an 
167.19     excuse for nonpayment, but the aggrieved party must seek 
167.20     relief through a proper motion filed with the court. 
167.21     (c) Nonpayment of support is not grounds to deny parenting 
167.22     time.  The party entitled to receive support may apply for 
167.23     support and collection services, file a contempt motion, or 
167.24     obtain a judgment as provided in Minnesota Statutes, 
167.25     section 548.091.  
167.26     (d) The payment of support or spousal maintenance takes 
167.27     priority over payment of debts and other obligations. 
167.28     (e) A party who accepts additional obligations of support 
167.29     does so with the full knowledge of the party's prior 
167.30     obligation under this proceeding. 
167.31     (f) Child support or maintenance is based on annual income, 
167.32     and it is the responsibility of a person with seasonal 
167.33     employment to budget income so that payments are made 
167.34     throughout the year as ordered. 
167.35     (g) If the obligor is laid off from employment or receives 
167.36     a pay reduction, support may be reduced, but only if the 
168.1      obligor serves and files a motion to reduce the support 
168.2      with the court.  Any reduction will take effect only if 
168.3      ordered by the court and may only relate back to the time 
168.4      that the motion is filed.  If the obligor does not file a 
168.5      motion, the support obligation will continue at the current 
168.6      level.  The court is not permitted to reduce support 
168.7      retroactively, except as provided in Minnesota Statutes, 
168.8      section 517C.29. 
168.9      (h) Reasonable parenting time guidelines are contained in 
168.10     Appendix B, which is available from the court administrator.
168.11     (i) The nonpayment of support may be enforced through the 
168.12     denial of student grants; interception of state and federal 
168.13     tax refunds; suspension of driver's, recreational, and 
168.14     occupational licenses; referral to the department of 
168.15     revenue or private collection agencies; seizure of assets, 
168.16     including bank accounts and other assets held by financial 
168.17     institutions; reporting to credit bureaus; interest 
168.18     charging, income withholding, and contempt proceedings; and 
168.19     other enforcement methods allowed by law.  
168.20  5.  PARENTAL RIGHTS REGARDING INFORMATION AND CONTACT 
168.21     Unless otherwise provided by the court: 
168.22     (a) Each party has the right of access to, and to receive 
168.23     copies of, school, medical, dental, religious training, and 
168.24     other important records and information about the minor 
168.25     children.  Each party has the right of access to 
168.26     information regarding health or dental insurance available 
168.27     to the minor children.  Presentation of a copy of this 
168.28     order to the custodian of a record or other information 
168.29     about the minor children constitutes sufficient 
168.30     authorization for the release of the record or information 
168.31     to the requesting party. 
168.32     (b) Each party must keep the other informed as to the name 
168.33     and address of the school of attendance of the minor 
168.34     children.  Each party has the right to be informed by 
168.35     school officials about the children's welfare, educational 
168.36     progress and status, and to attend school and parent 
169.1      teacher conferences.  The school is not required to hold a 
169.2      separate conference for each party. 
169.3      (c) In case of an accident or serious illness of a minor 
169.4      child, each party must notify the other party of the 
169.5      accident or illness, and the name of the health care 
169.6      provider and the place of treatment. 
169.7      (d) Each party has the right of reasonable access and 
169.8      telephone contact with the minor children. 
169.9   6.  WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 
169.10     Child support and/or spousal maintenance may be withheld 
169.11     from income, with or without notice to the person obligated 
169.12     to pay, when the conditions of Minnesota Statutes, sections 
169.13     517C.52 to 517C.62, have been met.  A copy of those 
169.14     sections is available from any district court clerk. 
169.15  7.  CHANGE OF ADDRESS OR RESIDENCE 
169.16     Unless otherwise ordered, each party must notify the other 
169.17     party, the court, and the public authority responsible for 
169.18     collection, if applicable, of the following information 
169.19     within ten days of any change:  the residential and mailing 
169.20     address, telephone number, driver's license number, social 
169.21     security number, and name, address, and telephone number of 
169.22     the employer. 
169.23  8.  COST-OF-LIVING INCREASE OF SUPPORT AND MAINTENANCE 
169.24     Child support and/or spousal maintenance may be adjusted 
169.25     every two years based upon a change in the cost of living 
169.26     (using Department of Labor Consumer Price Index .........., 
169.27     unless otherwise specified in this order) when the 
169.28     conditions of Minnesota Statutes, section 517C.31, are met. 
169.29     Cost-of-living increases are compounded.  A copy of 
169.30     Minnesota Statutes, section 517C.31, and forms necessary to 
169.31     request or contest a cost-of-living increase are available 
169.32     from any district court clerk. 
169.33  9.  JUDGMENTS FOR UNPAID SUPPORT 
169.34     If a person fails to make a child support payment, the 
169.35     payment owed becomes a judgment against the person 
169.36     responsible to make the payment by operation of law on or 
170.1      after the date the payment is due, and the person entitled 
170.2      to receive the payment or the public agency may obtain 
170.3      entry and docketing of the judgment WITHOUT NOTICE to the 
170.4      person responsible to make the payment under Minnesota 
170.5      Statutes, section 548.091.  Interest begins to accrue on a 
170.6      payment or installment of child support whenever the unpaid 
170.7      amount due is greater than the current support due, 
170.8      according to Minnesota Statutes, section 548.091, 
170.9      subdivision 1a.  
170.10  10.  JUDGMENTS FOR UNPAID SPOUSAL MAINTENANCE 
170.11     A judgment for unpaid spousal maintenance may be entered 
170.12     when the conditions of Minnesota Statutes, section 548.091, 
170.13     are met.  A copy of that section is available from any 
170.14     district court clerk. 
170.15  11.  ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 
170.16  SUPPORT 
170.17     A judgment for attorney fees and other collection costs 
170.18     incurred in enforcing a child support order will be entered 
170.19     against the person responsible to pay support when the 
170.20     conditions of Minnesota Statutes, section 517C.84, are 
170.21     met.  A copy of Minnesota Statutes, section 517C.84, and 
170.22     forms necessary to request or contest these attorney fees 
170.23     and collection costs are available from any district court 
170.24     clerk. 
170.25  12.  PARENTING TIME EXPEDITOR PROCESS 
170.26     On request of either party or on its own motion, the court 
170.27     may appoint a parenting time expeditor to resolve parenting 
170.28     time disputes under Minnesota Statutes, section 517B.28.  A 
170.29     copy of that section and a description of the expeditor 
170.30     process is available from any district court clerk. 
170.31  13.  PARENTING TIME REMEDIES AND PENALTIES 
170.32     Remedies and penalties for the wrongful denial of parenting 
170.33     time are available under Minnesota Statutes, section 
170.34     517B.27, subdivision 7.  These include compensatory 
170.35     parenting time, civil penalties, bond requirements, 
170.36     contempt, and reversal of custody.  A copy of that 
171.1      subdivision and forms for requesting relief are available 
171.2      from any district court clerk. 
171.3      Sec. 76.  [INSTRUCTION TO REVISOR.] 
171.4      The revisor of statutes must correct internal 
171.5   cross-references to sections that are now in Minnesota Statutes, 
171.6   chapter 517C, throughout Minnesota Statutes and Minnesota Rules. 
171.7      Sec. 77.  [REPEALER.] 
171.8      Minnesota Statutes 2000, sections 518.111; 518.171, 
171.9   subdivisions 2, 2a, 3, 7, 9, and 10; 518.255; 518.54, 
171.10  subdivisions 2, 4a, 13, and 14; 518.551, subdivisions 5a, 5b, 
171.11  5c, 5d, 5f, 6, 7, 9, 11, 12, 13, 13a, 14, and 15; 518.5513, 
171.12  subdivisions 1, 2, 3, 4, and 6; 518.553; 518.57; 518.575, 
171.13  subdivision 2; 518.585; 518.5851, subdivisions 1, 2, 3, 4, 5, 
171.14  and 6; 518.5852; 518.5853, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 
171.15  9, 10, and 11; 518.61; 518.6111, subdivisions 1, 2, 3, 4, 6, 7, 
171.16  8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18; 518.614; 518.615; 
171.17  518.616; 518.617; and 518.618; Minnesota Statutes 2001 
171.18  Supplement, sections 518.171, subdivisions 1, 4, 5, 6, and 8; 
171.19  518.551, subdivisions 1, 5, and 5e; 518.5513, subdivision 5; 
171.20  518.575, subdivision 1; 518.5851, subdivision 7; 518.5853, 
171.21  subdivision 12; 518.6111, subdivisions 5 and 19; 518.6195; and 
171.22  518.6196, are repealed. 
171.23     Sec. 78.  [EFFECTIVE DATE.] 
171.24     This act is effective July 1, 2002.