1.1 	A bill for an act
1.2 	relating to family law; providing for the automatic reduction of child support 
1.3 	upon the emancipation of the child; providing for support orders to specify a 
1.4 	support amount for each child;amending Minnesota Statutes 2004, sections 
1.5 	518.57, subdivision 1; 518.64, subdivision 4a; Laws 2005, chapter 164, section 
1.6 	10.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 518.57, subdivision 1, is amended to read:
1.9 		Subdivision 1.Order. Upon a decree of dissolution, legal separation, or annulment, 
1.10 	the court shall make a further order which is just and proper concerning the maintenance 
1.11 	of the minor children as provided by section  518.551, and for the maintenance of any child 
1.12 	of the parties as defined in section  518.54, as support money. Each support order must be 
1.13 	written to order a specific amount of support for each child. The court may make any child 
1.14 	support order a lien or charge upon the property of the obligor, either at the time of the 
1.15 	entry of the judgment or by subsequent order upon proper application. 

1.16 	Sec. 2. Minnesota Statutes 2004, section 518.64, subdivision 4a, is amended to read:
1.17 		Subd. 4a.Automatic termination of support. (a) Unless a court order 
1.18 	provides otherwise, a child support obligation in a specific amount per child terminates 
1.19 	automatically and without any action by the obligor to reduce, modify, or terminate the 
1.20 	order upon the emancipation of the child as provided under section  518.54, subdivision 2. 
1.21 	(b) Unless a court order provides otherwise, a child support obligation for two or 
1.22 	more children that is not a support obligation in a specific amount per child continues in 
1.23 	the full amount until the emancipation of the last child for whose benefit the order was 
1.24 	made, or until further order of the court. A court order may provide for the automatic 
2.1 	reduction in the amount of a support obligation upon the emancipation of a child, whether 
2.2 	or not the child is the last child for whose benefit the order was made.
2.3 	(c) The obligor may request a modification of the obligor's child support order upon 
2.4 	the emancipation of a child if there are still minor children under the order and the order 
2.5 	does not provide for the automatic reduction in the amount of the support obligation upon 
2.6 	the emancipation of a child. The child support obligation shall not be determined based 
2.7 	on the income of the parties at the time the modification is sought, unless a request for 
2.8 	modification based on increased earnings or income of a party is made and there has been 
2.9 	a substantial change in the earnings or income of a party.
2.10 	(d)  The obligee may request a modification to continue support after emancipation of 
2.11 	a child.  A modification may be granted by the court if the court agrees and issues the order.

2.12 	Sec. 3. Laws 2005, chapter 164, section 10, is amended to read:
2.13 	Sec. 10.  Minnesota Statutes 2004, section 518.64,  subdivision 2, is amended 
2.14 	to read:  
2.15 	Subd. 2. Modification. (a) The terms of an order  respecting maintenance or support 
2.16 	may be modified upon a showing  of one or more of the following:  (1) substantially 
2.17 	increased or  decreased  gross income of an obligor or  obligee; (2) substantially increased 
2.18 	or decreased need of  an obligor or obligee or the child or children that are  the subject of 
2.19 	these proceedings; (3) receipt of assistance  under the AFDC program formerly codified 
2.20 	under sections 256.72  to 256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a  
2.21 	change in the cost of living for either party as measured by the  Federal Bureau of Labor 
2.22 	Statistics, any of which makes the terms  unreasonable and unfair; (5) extraordinary 
2.23 	medical expenses of  the child not provided for under section 518.171;  (6) the  addition 
2.24 	of work-related or education-related child care  expenses of the obligee or a substantial 
2.25 	increase or decrease in  existing work-related or education-related child care expenses;  or 
2.26 	(7) upon the emancipation of the child, as provided in  section 518.64, subdivision 4a.  
2.27 	(b) It is presumed that there has been a substantial change  in circumstances under 
2.28 	paragraph (a) and the terms of a current  support order shall be rebuttably presumed to be 
2.29 	unreasonable  and unfair if:  
2.30 	
2.31 	(1) the application of the child support guidelines in  section 518.551, subdivision 5, 
2.32 	to the current circumstances of  the parties results in a calculated court order that is at least  
2.33 	20 percent and at least  $75 per month higher or lower than  the current support order;  
2.34 	
3.1 	(2) the medical support provisions of the order established  under section  518.719 
3.2 	are not enforceable by the public  authority or the obligee;  
3.3 	
3.4 	(3) health coverage ordered under section  518.719  is not available to the child for 
3.5 	whom the order is established  by the parent ordered to provide;   
3.6 	
3.7 	(4) the existing support obligation is in the form of a  statement of percentage and 
3.8 	not a specific dollar amount; or  
3.9 	
3.10 	(5) the gross income of an obligor or obligee has decreased  by at least 20 percent 
3.11 	through no fault or choice of the party.  
3.12 	
3.13 	(c) A child support order is not presumptively modifiable  solely because an obligor 
3.14 	or obligee becomes responsible for the  support of an additional nonjoint child, which is 
3.15 	born after an  existing order.  Section 518.717 shall be considered if other  grounds are 
3.16 	alleged which allow a modification of support.  
3.17 	
3.18 	(d) On a motion for modification of maintenance, including  a motion for the 
3.19 	extension of the duration of a maintenance  award, the court shall apply, in addition to all 
3.20 	other relevant  factors, the factors for an award of maintenance under section  518.552 that 
3.21 	exist at the time of the motion.  On a motion for  modification of support, the court:  
3.22 	
3.23 	(1) shall apply section  518.725, and  shall not consider the financial circumstances of 
3.24 	each party's  spouse, if any; and  
3.25 	
3.26 	(2) shall not consider compensation received by a party for  employment in excess of 
3.27 	a 40-hour work week, provided that the  party demonstrates, and the court finds, that:  
3.28 	
3.29 	(i) the excess employment began after entry of the existing  support order;  
3.30 	
3.31 	(ii) the excess employment is voluntary and not a condition  of employment;  
3.32 	
3.33 	(iii) the excess employment is in the nature of additional,  part-time employment, or 
3.34 	overtime employment compensable by the  hour or fractions of an hour;  
3.35 	
4.1 	(iv) the party's compensation structure has not been  changed for the purpose of 
4.2 	affecting a support or maintenance  obligation;  
4.3 	
4.4 	(v) in the case of an obligor, current child support  payments are at least equal to the 
4.5 	guidelines amount based on  income not excluded under this clause; and  
4.6 	
4.7 	(vi) in the case of an obligor who is in arrears in child  support payments to the 
4.8 	obligee, any net income from excess  employment must be used to pay the arrearages 
4.9 	until the  arrearages are paid in full.  
4.10 	
4.11 	 (e) A modification of support or maintenance, including  interest that accrued 
4.12 	pursuant to section 548.091, may be made  retroactive only with respect to any period 
4.13 	during which the  petitioning party has pending a motion for modification but only  from the 
4.14 	date of service of notice of the motion on the  responding party and on the public authority 
4.15 	if public  assistance is being furnished or the county attorney is the  attorney of record.    
4.16 	
4.17 	 (f) Except for an award of the right of occupancy of  the homestead, provided in 
4.18 	section 518.63, all divisions of real  and personal property provided by section 518.58 
4.19 	shall be final,  and may be revoked or modified only where the court finds the  existence 
4.20 	of conditions that justify reopening a judgment under  the laws of this state, including 
4.21 	motions under section 518.145,  subdivision 2.  The court may impose a lien or charge on 
4.22 	the  divided property at any time while the property, or subsequently  acquired property, is 
4.23 	owned by the parties or either of them,  for the payment of maintenance or support money, 
4.24 	or may  sequester the property as is provided by section 518.24.  
4.25 	
4.26 	 (g) The court need not hold an evidentiary hearing on a  motion for modification of 
4.27 	maintenance or support.  
4.28 	
4.29 	 (h) Section 518.14 shall govern the award of attorney  fees for motions brought 
4.30 	under this subdivision.  
4.31 	
4.32 	(i) Except as expressly provided, an enactment, amendment,  or repeal of law does 
4.33 	not constitute a substantial change in the  circumstances for purposes of modifying a 
4.34 	child support order.  
4.35 	
5.1 	(j) There may be no modification of an existing child  support order during the first 
5.2 	year following the effective date  of sections 518.7123 to 518.729 except as follows:  
5.3 	
5.4 	(1) there is at least a 20 percent change in the gross  income of the obligor;  
5.5 	
5.6 	(2) there is a change in the number of joint children for  whom the obligor is legally 
5.7 	responsible and actually supporting;  
5.8 	
5.9 	(3) the child supported by the existing child support order  becomes disabled; or  
5.10 	
5.11 	(4) both parents consent to modification of the existing  order in compliance with the 
5.12 	new income shares guidelines.  
5.13 	
5.14 	(k) On the first modification under the income shares  method of calculation, the 
5.15 	modification of basic support may be  limited if the amount of the full variance would 
5.16 	create hardship  for either the obligor or the obligee.  
5.17 	(l) Each order for modification of support must be written to order a specific amount 
5.18 	of support for each child.
5.19 	
5.20 	Paragraph (j) expires January 1, 2008.  
5.21