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 	changing a fee; making style and form changes;
1.6 	changing certain child support, residence change and
1.7 	pension distribution provisions; classifying certain
1.8 	data; requiring additional information; clarifying and
1.9 	improving certain procedures and support enforcement
1.10 	provisions; carifying a funding provision; amending
1.11 	Minnesota Statutes 2004, sections 357.021, by adding a
1.12 	subdivision; 518.002; 518.003, subdivisions 1, 3;
1.13 	518.005; 518.01; 518.02; 518.03; 518.04; 518.05;
1.14 	518.055; 518.06; 518.07; 518.09; 518.091; 518.10;
1.15 	518.11; 518.12; 518.13; 518.131; 518.14, subdivision
1.16 	1; 518.148; 518.155; 518.156; 518.157, subdivisions 1,
1.17 	2, 3, 5, 6; 518.165; 518.166; 518.167, subdivisions 3,
1.18 	4, 5; 518.168; 518.1705, subdivisions 2, 6, 7, 8, 9;
1.19 	518.175; 518.1751, subdivisions 1b, 2, 2a, 2b, 2c, 3;
1.20 	518.1752; 518.176; 518.177; 518.178; 518.179,
1.21 	subdivision 1; 518.18; 518.191, subdivision 1;
1.22 	518.195, subdivisions 2, 3; 518.24; 518.25; 518.27;
1.23 	518.54, subdivisions 1, 5, 6, 7, 8; 518.55; 518.552;
1.24 	518.58; 518.581; 518.582; 518.612; 518.619; 518.62;
1.25 	518.64, subdivisions 1, 2, by adding a subdivision;
1.26 	518.641; 518.642; 518.646; 518.65; 518.68, subdivision
1.27 	1; 519.11, subdivision 1; proposing coding for new law
1.28 	as Minnesota Statutes, chapters 517A; 517B; 517C;
1.29 	repealing Minnesota Statutes 2004, sections 518.111;
1.30 	518.14, subdivision 2; 518.17, subdivisions 1, 1a, 2,
1.31 	3, 6; 518.171; 518.1752; 518.185; 518.24; 518.255;
1.32 	518.54, subdivisions 2, 4a, 13, 14; 518.55,
1.33 	subdivision 4; 518.551, subdivisions 1, 5, 5a, 5b, 5c,
1.34 	5d, 5e, 5f, 6, 7, 9, 11, 12, 13, 13a, 14, 15;
1.35 	518.5513; 518.553; 518.57; 518.575; 518.585; 518.5851;
1.36 	518.5852; 518.5853; 518.61; 518.6111; 518.614;
1.37 	518.615; 518.616; 518.617; 518.618; 518.6195;
1.38 	518.6196; 518.62; 518.64, subdivisions 4, 4a, 5;
1.39 	518.68.
1.40 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.41 	ARTICLE 1
1.42 	MARRIAGE DISSOLUTION, LEGAL SEPARATION, AND ANNULMENT

2.1 	Section 1. Minnesota Statutes 2004, section 357.021, is
2.2 	amended by adding a subdivision to read:
2.3 		Subd. 8.Marital dissolution fee. (a) The court
2.4 	administrator shall collect in each proceeding in the district
2.5 	seeking a dissolution of a marriage or a legal separation, in
2.6 	the manner in which other fees are collected, a marital
2.7 	dissolution fee in the amount of $25 from:
2.8 	(1) the petitioner instituting the marital dissolution or
2.9 	legal separation, to be collected at the time of the filing of
2.10 	the first paper; and 
2.11 	(2) the respondent who appears, to be collected at the time
2.12 	of the filing of the first paper by the respondent or at the
2.13 	time when the respondent's appearance is entered in the case.
2.14 	(b) The court administrator shall forward the marital
2.15 	dissolution fee to the commissioner of finance for deposit in
2.16 	the general fund.
2.17 	(c) This subdivision sunsets June 30, 2007.
2.18 	
EFFECTIVE DATE. This section is effective July 1, 2006.

2.19 	Sec. 2. [517A.29] SIX-MONTH REVIEW.
2.20 	(a) A request for a six-month review hearing form must be
2.21 	attached to a decree of dissolution or legal separation or an
2.22 	order that initially establishes child custody, parenting time,
2.23 	or support rights and obligations of parents.  The state court
2.24 	administrator is requested to prepare the request for review
2.25 	hearing form.  The form must include information regarding the
2.26 	procedures for requesting a hearing, the purpose of the hearing,
2.27 	and any other information regarding a hearing under this section
2.28 	that the state court administrator deems necessary.
2.29 	(b) The six-month review hearing shall be held if any party
2.30 	submits a written request for a hearing within six months after
2.31 	entry of a decree of dissolution or legal separation or order
2.32 	that establishes child custody, parenting time, or support.
2.33 	(c) Upon receipt of a completed request for hearing form,
2.34 	the court administrator shall provide notice of the hearing to
2.35 	all other parties and the public authority.
2.36 	(d) At the six-month hearing, the court must review:
3.1 	(1) whether child support is current; and 
3.2 	(2) whether both parties are complying with the parenting
3.3 	time provisions of the order.
3.4 	(e) At the six-month hearing, the obligor has the burden to
3.5 	present evidence to establish that child support payments are
3.6 	current.  A party may request that the public authority provide
3.7 	information to the parties and court regarding child support
3.8 	payments.  A party must request the information from the public
3.9 	authority at least 14 days before the hearing.  The commissioner
3.10 	of human services must develop a form to be used by the public
3.11 	authority to submit child support payment information to the
3.12 	parties and court.
3.13 	(f) Contempt of court and all statutory remedies for child
3.14 	support and parenting time enforcement may be imposed by the
3.15 	court at the six-month hearing for noncompliance by either party
3.16 	pursuant to chapters 517C and 588 and the Minnesota Court Rules.

3.17 	Sec. 3. [517A.36] MAINTENANCE PAYMENT ENFORCEMENT.
3.18 	(a) Except as provided in paragraph (b), the enforcement
3.19 	requirements and procedures in chapter 517C apply to a
3.20 	maintenance obligation, including a maintenance obligation that
3.21 	is or was combined with a child support obligation and is part
3.22 	of a support order as defined in section 517A.02, subdivision 14.
3.23 	(b) The enforcement requirements and procedures in sections
3.24 	517C.04; 517C.10, subdivisions 1, 2, and 5; 517C.12, subdivision
3.25 	4; 517C.13; 517C.22; 517C.23; 517C.27; 517C.28; 517C.30;
3.26 	517C.63; 517C.73; 517C.80; and 517C.84, do not apply to a
3.27 	maintenance obligation whether or not the obligation is or was
3.28 	combined with a child support obligation.

3.29 	Sec. 4. Minnesota Statutes 2004, section 518.002, is
3.30 	amended to read:
3.31 	518.002  ~~USE TERM DISSOLUTION~~ MEANING OF DIVORCE.
3.32 	~~Wherever the word~~ "Divorce" ~~is~~ , as used in the statutes, ~~it~~ 
3.33 	has the same meaning as "dissolution" or "dissolution of
3.34 	marriage."

3.35 	Sec. 5. Minnesota Statutes 2004, section 518.003,
3.36 	subdivision 1, is amended to read:
4.1 		Subdivision 1.Scope. ~~For the purposes of~~ The
4.2 	definitions in this section apply to this chapter~~, the following~~
4.3 	~~terms have the meanings provided in this section unless the~~
4.4 	~~context clearly requires otherwise~~.

4.5 	Sec. 6. Minnesota Statutes 2004, section 518.005, is
4.6 	amended to read:
4.7 	518.005 RULES GOVERNING PROCEEDINGS.
4.8 		Subdivision 1.Applicable rules. Unless otherwise
4.9 	specifically provided, the Rules of Civil Procedure for the
4.10 	district court apply to all proceedings under this chapter and
4.11 	chapters 517B and 517C.
4.12 		Subd. 2.Title. A proceeding for dissolution of
4.13 	marriage, legal separation, or annulment ~~shall~~ must be entitled
4.14 	"In re the Marriage of .......... and .......... ." ~~A custody~~
4.15 	~~or support proceeding shall be entitled "In re the (Custody)~~
4.16 	~~(Support) of .......... ."~~ 
4.17 		Subd. 3.Names of pleadings. The initial pleading in all
4.18 	proceedings under ~~sections 518.002 to 518.66 shall~~ this chapter
4.19 	and chapters 517B and 517C must be denominated a petition.  A
4.20 	responsive pleading ~~shall~~ must be denominated an answer.  Other
4.21 	pleadings ~~shall~~ must be denominated as provided in the Rules of
4.22 	Civil Procedure.
4.23 		Subd. 4.Decree; judgment. In ~~sections 518.002 to 518.66~~
4.24 	this chapter and chapters 517B and 517C, "decree" includes
4.25 	"judgment."
4.26 		Subd. 5.Prohibited disclosure. In all proceedings under
4.27 	this chapter and chapters 517B and 517C,in which public
4.28 	assistance is assigned under section 256.741 or the public
4.29 	authority provides services to a party or parties to the
4.30 	proceedings, notwithstanding statutory or other authorization
4.31 	for the public authority to release private data on the location
4.32 	of a party to the action, information on the location of one
4.33 	party may not be released by the public authority to the other
4.34 	party if:
4.35 	(1) the public authority has knowledge that a protective
4.36 	order with respect to the other party has been entered; or
5.1 	(2) the public authority has reason to believe that the
5.2 	release of the information may result in physical or emotional
5.3 	harm to the other party.
5.4 		Subd. 6.Required notice. Every court order or judgment
5.5 	and decree that provides for child support, spousal maintenance,
5.6 	custody, or parenting time must contain the notices required by
5.7 	section 517C.99.

5.8 	Sec. 7. Minnesota Statutes 2004, section 518.01, is
5.9 	amended to read:
5.10 	518.01 VOID MARRIAGES.
5.11 	~~All marriages which are~~ A marriage prohibited by section
5.12 	517.03 ~~shall be absolutely~~ is void~~,~~without any decree of
5.13 	dissolution or other legal proceedings; except if a person whose
5.14 	husband or wife has been absent for four successive years,
5.15 	without being known to the person to be living during that time,
5.16 	marries during the lifetime of the absent husband or wife, the
5.17 	subsequent marriage ~~shall be~~ is void only from the time that its
5.18 	nullity is duly adjudged.  If the absentee is declared dead in
5.19 	accordance with section 576.142, the subsequent marriage ~~shall~~ 
5.20 	is not ~~be~~ void.

5.21 	Sec. 8. Minnesota Statutes 2004, section 518.02, is
5.22 	amended to read:
5.23 	518.02 VOIDABLE MARRIAGES.
5.24 	A marriage ~~shall~~ must be declared a nullity ~~under the~~
5.25 	~~following circumstances~~ if:
5.26 	~~(a)~~ (1) a party lacked capacity to consent to the marriage
5.27 	at the time the marriage was solemnized~~, either~~ because of:  (i) 
5.28 	mental incapacity or infirmity ~~and~~ if the other party at the
5.29 	time the marriage was solemnized did not know of the incapacity;
5.30 	~~or because of~~ (ii) the influence of alcohol, drugs, or other
5.31 	incapacitating substances; or ~~because~~ (iii) consent of either
5.32 	~~was~~ party having been obtained by force or fraud ~~and there was~~ 
5.33 	with no subsequent voluntary cohabitation of the parties;
5.34 	~~(b)~~ (2) a party lacks the physical capacity to consummate
5.35 	the marriage by sexual intercourse and the other party at the
5.36 	time the marriage was solemnized did not know of the incapacity;
6.1 	or 
6.2 	~~(c)~~ (3) a party was under the age for marriage established
6.3 	by section 517.02except as otherwise provided by section
6.4 	517A.10.

6.5 	Sec. 9. Minnesota Statutes 2004, section 518.03, is
6.6 	amended to read:
6.7 	518.03 ACTION TO ANNUL; DECREE.
6.8 	An annulment ~~shall~~ must be commenced ~~and~~ ,the complaint
6.9 	~~shall be~~ filed,and proceedings had as in proceedings for
6.10 	dissolution.  Upon due proof of the nullity of the marriage, ~~it~~
6.11 	~~shall~~ the marriage must be adjudged null and void.
6.12 	The provisions of ~~sections 518.54 to 518.66~~this chapter
6.13 	and chapters 517B and 517C relating to property rights of the
6.14 	spouses, maintenance, support,and custody of children on
6.15 	dissolution of marriage are applicable to proceedings for
6.16 	annulment.

6.17 	Sec. 10. Minnesota Statutes 2004, section 518.04, is
6.18 	amended to read:
6.19 	518.04 INSUFFICIENT GROUNDS FOR ANNULMENT.
6.20 	No marriage ~~shall~~ may be adjudged a nullity on the ground
6.21 	that one of the parties was under the age of legal consent if it
6.22 	appears that the parties had voluntarily cohabited together as
6.23 	husband and wife after having attained ~~such~~ that age~~; nor~~
6.24 	~~shall~~ .The marriage of ~~any~~ an insane person must not be
6.25 	adjudged void after restoration of the insane person to reason,
6.26 	if it appears that the parties freely cohabited together as
6.27 	husband and wife after ~~such~~ the restoration to reason.

6.28 	Sec. 11. Minnesota Statutes 2004, section 518.05, is
6.29 	amended to read:
6.30 	518.05 ANNULMENT; WHEN TO BRING.
6.31 	An annulment may be sought by any of the following persons
6.32 	and must be commenced within the times specified, but in no
6.33 	event may an annulment be sought after the death of either party
6.34 	to the marriage:
6.35 	~~(a) For a reason set forth in~~ (1) under section 518.02,
6.36 	clause ~~(a)~~ (1), by either party or by the legal representative
7.1 	of the party who lacked capacity to consent, no later than 90
7.2 	days after the petitioner obtained knowledge of the described
7.3 	condition;
7.4 	~~(b) For the reason set forth in~~ (2) under section 518.02,
7.5 	clause ~~(b)~~ (2), by either party no later than one year after the
7.6 	petitioner obtained knowledge of the described condition;
7.7 	~~(c) For the reason set forth in~~ (3) under section 518.02,
7.8 	clause ~~(c)~~ (3), by the underaged party~~,~~or the party's parent or
7.9 	guardian~~,~~before the time the underaged party reaches the age at
7.10 	which the party could have married without satisfying the
7.11 	omitted requirement.

7.12 	Sec. 12. Minnesota Statutes 2004, section 518.055, is
7.13 	amended to read:
7.14 	518.055 PUTATIVE SPOUSE.
7.15 	Any person who has cohabited with another to whom the
7.16 	person is not legally married in the good faith belief that the
7.17 	person was married to the other is a putative spouse until
7.18 	knowledge of the fact that the person is not legally married
7.19 	terminates the status and prevents acquisition of further
7.20 	rights.  A putative spouse acquires the rights conferred upon a
7.21 	legal spouse, including the right to maintenance following
7.22 	termination of the status, whether or not the marriage is
7.23 	prohibited or declared a nullity.  If there is a legal spouse or
7.24 	other putative spouses, rights acquired by a putative spouse do
7.25 	not supersede the rights of the legal spouse or those acquired
7.26 	by other putative spouses, but the court ~~shall~~ must apportion
7.27 	property, maintenance, and support rights among the claimants as
7.28 	appropriate in the circumstances and in the interests of justice.

7.29 	Sec. 13. Minnesota Statutes 2004, section 518.06, is
7.30 	amended to read:
7.31 	518.06 DISSOLUTION OF MARRIAGE; LEGAL SEPARATION; GROUNDS;
7.32 	UNCONTESTED LEGAL SEPARATION.
7.33 		Subdivision 1.meaning and effect ~~of decrees~~; grounds. A
7.34 	dissolution of marriage is the termination of the marital
7.35 	relationship between a husband and wife.  A decree of
7.36 	dissolution completely terminates the marital status of both
8.1 	parties.  A legal separation is a court determination of the
8.2 	rights and responsibilities of a husband and wife arising out of
8.3 	the marital relationship.  A decree of legal separation does not
8.4 	terminate the marital status of the parties.
8.5 	A dissolution of ~~a~~ marriage ~~shall~~ must be granted ~~by a~~
8.6 	~~county or district court when~~ if the court finds that there has
8.7 	been an irretrievable breakdown of the marriage relationship.  A
8.8 	~~decree of~~ legal separation ~~shall~~ must be granted ~~when~~ if the
8.9 	court finds that one or both parties need a legal separation.
8.10 	Defenses to divorce, dissolution and legal separation,
8.11 	including,but not limited to,condonation, connivance,
8.12 	collusion, recrimination, insanity, and lapse of time, are
8.13 	abolished.
8.14 		Subd. 3.Uncontested legal separation. If one or both
8.15 	parties petition for a decree of legal separation and neither
8.16 	party contests the granting of the decree nor petitions for a
8.17 	decree of dissolution, the court ~~shall~~ must grant a decree of
8.18 	legal separation.

8.19 	Sec. 14. Minnesota Statutes 2004, section 518.07, is
8.20 	amended to read:
8.21 	518.07 RESIDENCE OF PARTIES.
8.22 	~~No~~ A dissolution ~~shall~~ must not be granted unless (1) one
8.23 	of the parties has resided in this state~~,~~or ~~has~~ been a member
8.24 	of the armed services stationed in this state~~,~~for ~~not less than~~ 
8.25 	at least 180 days immediately preceding the commencement of the
8.26 	proceeding; or (2) one of the parties has been a domiciliary of
8.27 	this state for ~~not less than~~ at least 180 days immediately
8.28 	preceding commencement of the proceeding.

8.29 	Sec. 15. Minnesota Statutes 2004, section 518.09, is
8.30 	amended to read:
8.31 	518.09 PROCEEDING; HOW AND WHERE BROUGHT; VENUE.
8.32 	A proceeding for dissolution or legal separation may be
8.33 	brought by either or both spouses and ~~shall be~~ is commenced by
8.34 	personal service of the summons and petition venued in the
8.35 	county where either spouse resides. No summons is required if a
8.36 	joint petition is filed.If neither party resides in the state
9.1 	and jurisdiction is based on the domicile of either
9.2 	~~spouse~~ party, the proceeding may be brought in the county where
9.3 	either party is domiciled.  If neither party resides or is
9.4 	domiciled in this state and jurisdiction is premised upon one of
9.5 	the parties being a member of the armed services stationed in
9.6 	this state for not less than 180 days immediately preceding the
9.7 	commencement of the proceeding, the proceeding may be brought in
9.8 	the county where the member is stationed.  This venue ~~shall be~~ 
9.9 	is subject to the court's power ~~of the court~~ to change the place
9.10 	of hearing by consent of the parties, ~~or when~~ if it appears to
9.11 	the court that an impartial hearing cannot be had in the county
9.12 	where the proceedings are pending, or ~~when~~ if the convenience of
9.13 	the parties or the ends of justice would be promoted by the
9.14 	change. ~~No summons shall be required if a joint petition is~~
9.15 	~~filed.~~

9.16 	Sec. 16. Minnesota Statutes 2004, section 518.091, is
9.17 	amended to read:
9.18 	518.091 SUMMONS; TEMPORARY RESTRAINING PROVISIONS; NOTICE
9.19 	REGARDING PARENT EDUCATION PROGRAM REQUIREMENTS.
9.20 		Subdivision 1.Temporary restraining orders. (a) Every
9.21 	summons must include the notice in this subdivision.
9.22 	NOTICE OF TEMPORARY RESTRAINING AND ALTERNATIVE DISPUTE
9.23 	RESOLUTION PROVISIONS
9.24 	UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE
9.25 	FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION,
9.26 	UNLESS THEY ARE MODIFIED BY THE COURT OR THE PROCEEDING IS
9.27 	DISMISSED:
9.28 	(1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR
9.29 	THE NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF
9.30 	INCOME OR PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN
9.31 	WRITING, OR (iii) FOR RETAINING COUNSEL TO CARRY ON OR TO
9.32 	CONTEST THIS PROCEEDING;
9.33 	(2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND
9.34 	(3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE
9.35 	MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR
9.36 	BENEFICIARY DESIGNATION.
10.1 	IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT
10.2 	TO SANCTIONS BY THE COURT.
10.3 	(4) PARTIES TO A MARRIAGE DISSOLUTION PROCEEDING ARE
10.4 	ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO
10.5 	MINNESOTA LAW.  ALTERNATIVE DISPUTE RESOLUTION INCLUDES
10.6 	MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET FORTH IN THE
10.7 	DISTRICT COURT RULES.  YOU MAY CONTACT THE COURT ADMINISTRATOR
10.8 	ABOUT RESOURCES IN YOUR AREA. IN SOME COUNTIES,IF YOU CANNOT
10.9 	PAY FOR MEDIATION OR ALTERNATIVE DISPUTE RESOLUTION, ~~IN SOME~~
10.10 	~~COUNTIES,~~ASSISTANCE MAY BE AVAILABLE TO YOU THROUGH A NONPROFIT
10.11 	PROVIDER OR A COURT PROGRAM.  IF YOU ARE A VICTIM OF DOMESTIC
10.12 	ABUSE OR THREATS OF ABUSE AS DEFINED IN MINNESOTA STATUTES,
10.13 	CHAPTER 518B, YOU ARE NOT REQUIRED TO TRY MEDIATION AND YOU WILL
10.14 	NOT BE PENALIZED BY THE COURT IN LATER PROCEEDINGS.
10.15 	(b) Upon service of the summons, the restraining provisions
10.16 	contained in the notice apply by operation of law upon both
10.17 	parties until modified by further order of the court or
10.18 	dismissal of the proceeding, unless more than one year has
10.19 	passed since the last document was filed with the court.
10.20 		Subd. 2.Parent education program requirements. Every
10.21 	summons involving custody or parenting time of a minor child
10.22 	must include the notice in this subdivision.
10.23 	NOTICE OF PARENT EDUCATION PROGRAM REQUIREMENTS
10.24 	UNDER MINNESOTA STATUTES, SECTION 518.157, IN A CONTESTED
10.25 	PROCEEDING INVOLVING CUSTODY OR PARENTING TIME OF A MINOR CHILD,
10.26 	THE PARTIES MUST BEGIN PARTICIPATION IN A PARENT EDUCATION
10.27 	PROGRAM THAT MEETS MINIMUM STANDARDS PROMULGATED BY THE
10.28 	MINNESOTA SUPREME COURT WITHIN 30 DAYS AFTER THE FIRST FILING
10.29 	WITH THE COURT.  IN SOME DISTRICTS, PARENTING EDUCATION MAY BE
10.30 	REQUIRED IN ALL CUSTODY OR PARENTING PROCEEDINGS.  YOU MAY
10.31 	CONTACT THE DISTRICT COURT ADMINISTRATOR FOR ADDITIONAL
10.32 	INFORMATION REGARDING THIS REQUIREMENT AND THE AVAILABILITY OF
10.33 	PARENT EDUCATION PROGRAMS.

10.34 	Sec. 17. Minnesota Statutes 2004, section 518.10, is
10.35 	amended to read:
10.36 	518.10 REQUISITES OF PETITION.
11.1 	~~The~~ A petition for dissolution of marriage or legal
11.2 	separation ~~shall~~ must state and allege:
11.3 	~~(a)~~ (1) the name, address, and, in circumstances in which
11.4 	child support or spousal maintenance will be addressed, Social
11.5 	Security number of the petitioner and any prior or other name
11.6 	used by the petitioner;
11.7 	~~(b)~~ (2) the name and, if known, the address and, in
11.8 	circumstances in which child support or spousal maintenance will
11.9 	be addressed, Social Security number of the respondent and any
11.10 	prior or other name used by the respondent and known to the
11.11 	petitioner;
11.12 	~~(c)~~ (3) the place and date of the marriage of the parties;
11.13 	~~(d)~~ (4) in the case of a petition for dissolution, that
11.14 	either the petitioner or the respondent or both:
11.15 	~~(1)~~ (i) has resided in this state for not less than 180
11.16 	days immediately preceding the commencement of the proceeding~~,~~
11.17 	~~or~~ ;
11.18 	~~(2)~~ (ii) has been a member of the armed services and has
11.19 	been stationed in this state for not less than 180 days
11.20 	immediately preceding the commencement of the proceeding~~,~~;or
11.21 	~~(3)~~ (iii) has been a domiciliary of this state for not less
11.22 	than 180 days immediately preceding the commencement of the
11.23 	proceeding;
11.24 	~~(e)~~ (5) the name at the time of the petition and any prior
11.25 	or other name, Social Security number, age, and date of birth of
11.26 	each living minor or dependent child of the parties born before
11.27 	the marriage or born or adopted during the marriage and a
11.28 	reference to, and the expected date of birth of, a child of the
11.29 	parties conceived during the marriage but not born;
11.30 	~~(f)~~ (6) whether or not a separate proceeding for
11.31 	dissolution, legal separation, or custody is pending in a court
11.32 	in this state or elsewhere;
11.33 	~~(g)~~ (7) in the case of a petition for dissolution, that
11.34 	there has been an irretrievable breakdown of the marriage
11.35 	relationship;
11.36 	~~(h)~~ (8) in the case of a petition for legal separation,
12.1 	that there is a need for a decree of legal separation;
12.2 	~~(i)~~ (9) any temporary or permanent maintenance, child
12.3 	support, child custody, disposition of property, attorneys'
12.4 	fees, costs and disbursements applied for without setting forth
12.5 	the amounts; and
12.6 	~~(j)~~ (10) whether an order for protection under chapter 518B
12.7 	or a similar law of another state that governs the parties or a
12.8 	party and a minor child of the parties is in effect and, if so,
12.9 	the district court or similar jurisdiction in which it was
12.10 	entered.
12.11 	The petition ~~shall~~ must be verified by the petitioner or
12.12 	petitioners, and its allegations established by competent
12.13 	evidence.

12.14 	Sec. 18. Minnesota Statutes 2004, section 518.11, is
12.15 	amended to read:
12.16 	518.11 SERVICE; ALTERNATE SERVICE; PUBLICATION.
12.17 	(a) Unless a proceeding is brought by both parties, copies
12.18 	of the summons and petition ~~shall~~ must be served on the
12.19 	respondent personally.
12.20 	(b) ~~When~~ Service ~~is~~ made out of this state and within the
12.21 	United States~~, it~~ may be proved by the affidavit of the person
12.22 	making the ~~same~~ service. ~~When~~ Service ~~is~~ made ~~without~~ 
12.23 	outside of the United States ~~it~~ may be proved by the affidavit
12.24 	of the person making the ~~same~~ service, taken before and
12.25 	certified:
12.26 	(1) by any United States minister, charge d'affaires,
12.27 	commissioner, consul or commercial agent, or other consular or
12.28 	diplomatic officer of the United States appointed to reside
12.29 	in ~~such~~ the country, including ~~all deputies~~ a deputy or other
12.30 	~~representatives~~ representative of ~~such~~ the officer authorized to
12.31 	perform ~~their~~ the officer's duties; or
12.32 	(2) before an officer authorized to administer an oath with
12.33 	the certificate of an officer of a court of record of the
12.34 	country ~~wherein such~~ in which the affidavit is taken as to the
12.35 	identity and authority of the officer taking the ~~same~~ affidavit.
12.36 	(c) If personal service cannot be made, the court may order
13.1 	service of the summons by alternate means.  The application for
13.2 	alternate service must include the last known location of the
13.3 	respondent; the petitioner's most recent contacts with the
13.4 	respondent; the last known location of the respondent's
13.5 	employment; the names and locations of the respondent's parents,
13.6 	siblings, children, and other close relatives; the names and
13.7 	locations of other persons who are likely to know the
13.8 	respondent's whereabouts; and a description of efforts to locate
13.9 	those persons.
13.10 	The court ~~shall~~ must consider the length of time the
13.11 	respondent's location has been unknown, the likelihood that the
13.12 	respondent's location will become known, the nature of the
13.13 	relief sought, and the nature of efforts made to locate the
13.14 	respondent.  The court ~~shall~~ must order service by first class
13.15 	mail, forwarding address requested, to any addresses where there
13.16 	is a reasonable possibility that mail or information will be
13.17 	forwarded or communicated to the respondent or, if no address so
13.18 	qualifies, then to the respondent's last known address.
13.19 	If the petitioner seeks disposition of real estate located
13.20 	~~within the state of~~ in Minnesota, the court ~~shall~~ must order
13.21 	that the summons, which ~~shall~~ must contain the legal description
13.22 	of the real estate, be published in the county where the real
13.23 	estate is located.  The court may also order publication, within
13.24 	or without the state, but only if it might reasonably succeed in
13.25 	notifying the respondent of the proceeding.  Also, the court may
13.26 	require the petitioner to make efforts to locate the respondent
13.27 	by telephone calls to appropriate persons.  Service ~~shall be~~ is 
13.28 	deemed complete 21 days after mailing or 21 days after
13.29 	court-ordered publication.

13.30 	Sec. 19. Minnesota Statutes 2004, section 518.12, is
13.31 	amended to read:
13.32 	518.12 TIME FOR ANSWERING.
13.33 	The respondent ~~shall have~~ has 30 days in which to answer
13.34 	the petition.  In case of service by publication, the 30
13.35 	days ~~shall~~ does not begin to run until the expiration of the
13.36 	period allowed for publication.  In the case of a
14.1 	counterpetition for dissolution or legal separation to a
14.2 	petition for dissolution or legal separation, no answer ~~shall be~~ 
14.3 	is required to the counterpetition and the original
14.4 	petitioner ~~shall be~~ is deemed to have denied each and every
14.5 	statement, allegation,and claim in the counterpetition.

14.6 	Sec. 20. Minnesota Statutes 2004, section 518.13, is
14.7 	amended to read:
14.8 	518.13 FAILURE TO ANSWER; FINDINGS; HEARING.
14.9 		Subdivision 1.Default. If the respondent does not
14.10 	appear after service duly made and proved, the court may hear
14.11 	and determine the proceeding as a default matter.
14.12 		Subd. 2.Dispute over irretrievable breakdown. If one of
14.13 	the parties has denied under oath or affirmation that the
14.14 	marriage is irretrievably broken, the court ~~shall~~ must consider
14.15 	all relevant factors, including the circumstances that gave rise
14.16 	to the commencement of the proceeding and the prospect of
14.17 	reconciliation, and ~~shall~~ make a finding whether the marriage is
14.18 	irretrievably broken.
14.19 	A finding of irretrievable breakdown under this subdivision
14.20 	is a determination that there is no reasonable prospect of
14.21 	reconciliation.  The finding must be supported by evidence that
14.22 	(i) the parties have lived separate and apart for a period of
14.23 	not less than 180 days immediately preceding the commencement of
14.24 	the proceeding, or (ii) there is serious marital discord
14.25 	adversely affecting the attitude of one or both of the parties
14.26 	toward the marriage.
14.27 		Subd. 3.Agreement over irretrievable breakdown. If both
14.28 	parties by petition or otherwise have stated under oath or
14.29 	affirmation that the marriage is irretrievably broken~~,~~or one of
14.30 	the parties has so stated and the other has not denied it, the
14.31 	court, after hearing, ~~shall~~ must make a finding that the
14.32 	marriage is irretrievably broken.
14.33 		Subd. 4.Referee; open court. The court or judge, upon
14.34 	application, may refer the proceeding to a referee to take and
14.35 	report the evidence ~~therein~~.  Hearings for dissolution of
14.36 	marriage ~~shall~~ must be heard in open court or before a referee
15.1 	appointed by the court to receive the testimony of the
15.2 	witnesses~~,~~or depositions taken as in other equitable actions.
15.3 	However, the court may in its discretion close the hearing.
15.4 		Subd. 5.Approval without hearing. Proposed findings of
15.5 	fact, conclusions of law, order for judgment, and judgment and
15.6 	decree must be submitted to the court for approval and filing
15.7 	without a final hearing in the following situations:
15.8 	(1) if there are no minor children of the marriage, and (i)
15.9 	the parties have entered into a written stipulation, or (ii) the
15.10 	respondent has not appeared after service duly made and proved
15.11 	by affidavit and at least 20 days have elapsed since the time
15.12 	for answering under section 518.12 expired; or
15.13 	(2) if there are minor children of the marriage, the
15.14 	parties have signed and acknowledged a stipulation, and all
15.15 	parties are represented by counsel.
15.16 	Notwithstanding clause (1) or (2), the court ~~shall~~ must 
15.17 	schedule the matter for hearing ~~in any case where~~ if the
15.18 	proposed judgment and decree does not appear to be in the best
15.19 	interests of the minor children or is contrary to the interests
15.20 	of justice.

15.21 	Sec. 21. Minnesota Statutes 2004, section 518.131, is
15.22 	amended to read:
15.23 	518.131 TEMPORARY ORDERS AND RESTRAINING ORDERS.
15.24 		Subdivision 1.Permissible orders. In a proceeding
15.25 	brought for custody, dissolution, or legal separation, or for
15.26 	disposition of property~~,~~or maintenance~~, or child support~~ 
15.27 	following the dissolution of a marriage, either party may, by
15.28 	motion, request from the court and the court may grant a
15.29 	temporary order pending the final disposition of the proceeding
15.30 	to or for:
15.31 	~~(a)~~ (1) temporary custody and parenting time regarding the
15.32 	minor children of the parties;
15.33 	~~(b)~~ (2) temporary maintenance of either spouse;
15.34 	~~(c) Temporary child support for the children of the~~
15.35 	~~parties;~~
15.36 	~~(d)~~ (3) temporary costs and reasonable attorney fees;
16.1 	~~(e) Award the~~ (4) temporary use and possession, exclusive
16.2 	or otherwise, of the family home, furniture, household goods,
16.3 	automobiles, and other property of the parties;
16.4 	~~(f)~~ (5) restrain one or both parties from transferring,
16.5 	encumbering, concealing, or disposing of property except in the
16.6 	usual course of business or for the necessities of life, and to
16.7 	account to the court for all such transfers, encumbrances,
16.8 	dispositions, and expenditures made after the order is served or
16.9 	communicated to the party restrained in open court;
16.10 	~~(g)~~ (6) restrain one or both parties from harassing,
16.11 	vilifying, mistreating, molesting, disturbing the peace, or
16.12 	restraining the liberty of the other party or the children of
16.13 	the parties;
16.14 	~~(h)~~ (7) restrain one or both parties from removing any
16.15 	minor child of the parties from the jurisdiction of the court;
16.16 	~~(i)~~ (8) exclude a party from the family home of the parties
16.17 	or from the home of the other party; and
16.18 	~~(j)~~ (9) require one or both of the parties to perform or to
16.19 	not perform ~~such~~ additional acts ~~as~~ that will facilitate the
16.20 	just and speedy disposition of the proceeding~~,~~or ~~will~~ protect
16.21 	the parties or their children from physical or emotional harm.
16.22 		Subd. 2.Impermissible orders. ~~No~~ A temporary order
16.23 	~~shall~~ must not:
16.24 	~~(a)~~ (1) deny parenting time to a parent unless the court
16.25 	finds that the parenting time is likely to cause physical or
16.26 	emotional harm to the child;
16.27 	~~(b)~~ (2) exclude a party from the family home of the parties
16.28 	unless the court finds that physical or emotional harm to one of
16.29 	the parties or to the children of the parties is likely to
16.30 	result, or that the exclusion is reasonable in the
16.31 	circumstances; or
16.32 	~~(c)~~ (3) vacate or modify an order granted under section
16.33 	518B.01, subdivision 6, paragraph (a), clause (1), restraining
16.34 	an abusing party from committing acts of domestic abuse, except
16.35 	that the court may hear a motion for modification of an order
16.36 	for protection concurrently with a proceeding for dissolution of
17.1 	marriage upon notice of motion and motion.  The notice required
17.2 	by court rule ~~shall~~ must not be waived.  If the proceedings are
17.3 	consolidated and the motion to modify is granted, a separate
17.4 	order for modification of an order for protection ~~shall~~ must be
17.5 	issued.
17.6 		Subd. 3.Ex parte restraining order; limitations. A
17.7 	party may request and the court may make an ex parte restraining
17.8 	order ~~which may include~~ that includes any matter that may be
17.9 	included in a temporary order except it may not:
17.10 	~~(a) A restraining order may not~~ (1) exclude either party
17.11 	from the family home of the parties except upon a finding by the
17.12 	court of immediate danger of physical harm to the other party or
17.13 	the children of either party; ~~and~~ or 
17.14 	~~(b) A restraining order may not~~ (2) deny parenting time to
17.15 	either party or grant custody of the minor children to either
17.16 	party except upon a finding by the court of immediate danger of
17.17 	physical harm to the minor children of the parties.
17.18 		Subd. 4.Hearing on restraining order; duration. A 
17.19 	restraining ~~orders shall~~ order must be personally served upon
17.20 	the party to be restrained ~~and shall be accompanied~~ along with a
17.21 	notice of the time and place of a hearing for a temporary order 
17.22 	for disposition of the matters contained in the restraining
17.23 	order ~~at a hearing for a temporary order~~. ~~When~~ If a restraining
17.24 	order has been issued, a hearing on the temporary order ~~shall~~ 
17.25 	must be held at the earliest practicable date.  The restrained
17.26 	party may upon written notice to the other party advance the
17.27 	hearing date to a time earlier than that noticed by the other
17.28 	party.  The restraining order ~~shall continue~~ continues in full
17.29 	force and effect only until the hearing time noticed, unless the
17.30 	court, for good cause and upon notice,extends the time for
17.31 	hearing.
17.32 		Subd. 5.Duration of temporary order. A temporary order
17.33 	~~shall continue~~ continues in full force and effect until the
17.34 	earlier of its amendment or vacation, dismissal of the main
17.35 	action,or entry of a final decree of dissolution or legal
17.36 	separation.
18.1 		Subd. 6.Effect of dismissal of main action. If a
18.2 	proceeding for dissolution or legal separation is dismissed, a
18.3 	temporary custody order is vacated unless one of the parties or
18.4 	the child's custodian moves that the proceeding continue as a
18.5 	custody proceeding and the court finds, after a hearing, that
18.6 	the circumstances of the parties and the best interests of the
18.7 	child require that a custody order be issued.
18.8 		Subd. 7.Guiding factors. The court ~~shall~~ must be guided
18.9 	by the factors set forth in sections ~~518.551 (concerning child~~
18.10 	~~support),~~518.552 (concerning maintenance), ~~518.17 to 518.175~~
18.11 	517B.17, 517B.18, and 517B.25(concerning custody and parenting
18.12 	time), and 518.14 (concerning costs and attorney fees) in making
18.13 	temporary orders and restraining orders.
18.14 		Subd. 8.Basis for order. Temporary orders ~~shall~~ must be
18.15 	made solely on the basis of affidavits and argument of counsel
18.16 	except upon demand by either party in a motion or responsive
18.17 	motion made within the time limit for making and filing a
18.18 	responsive motion that the matter be heard on oral testimony
18.19 	before the court, or if the court in its discretion orders the
18.20 	taking of oral testimony.
18.21 		Subd. 9.Prejudicial effect, revocation; modification. A
18.22 	temporary order or restraining order:
18.23 	~~(a) Shall~~ (1) must not prejudice the rights of the parties
18.24 	or the child which are to be adjudicated at subsequent hearings
18.25 	in the proceeding; and
18.26 	~~(b)~~ (2) may be revoked or modified by the court before the
18.27 	final disposition of the proceeding upon the same grounds and
18.28 	subject to the same requirements as the initial granting of the
18.29 	order.
18.30 		Subd. 10.Misdemeanor. In addition to being punishable
18.31 	by contempt, a violation of a provision of a temporary order or
18.32 	restraining order granting the relief authorized in subdivision
18.33 	1, clause ~~(g)~~ (6), ~~(h)~~ (7), or ~~(i)~~ (8), is a misdemeanor.
18.34 		Subd. 11.Temporary ~~support and~~ maintenance. Temporary
18.35 	~~support and~~ maintenance may be ordered during the time a
18.36 	parenting plan is being developed under section 518.1705.

19.1 	Sec. 22. Minnesota Statutes 2004, section 518.14,
19.2 	subdivision 1, is amended to read:
19.3 		Subdivision 1.General. (a) Except as provided in
19.4 	subdivision 2, in a proceeding under this chapter or chapter
19.5 	517B or 517C, the court ~~shall~~ must award attorney fees, costs,
19.6 	and disbursements in an amount necessary to enable a party to
19.7 	carry on or contest the proceeding, ~~provided~~ if it finds that:
19.8 	(1) ~~that~~ the fees are necessary for the good-faith
19.9 	assertion of the party's rights in the proceeding and will not
19.10 	contribute unnecessarily to the length and expense of the
19.11 	proceeding;
19.12 	(2) ~~that~~ the party from whom fees, costs, and disbursements
19.13 	are sought has the means to pay them; and
19.14 	(3) ~~that~~ the party to whom fees, costs, and disbursements
19.15 	are awarded does not have the means to pay them.
19.16 	(b) Nothing in this section precludes the court from
19.17 	awarding, in its discretion, additional fees, costs, and
19.18 	disbursements against a party who unreasonably contributes to
19.19 	the length or expense of the proceeding.  Fees, costs, and
19.20 	disbursements provided for in this section may be awarded at any
19.21 	point in the proceeding, including a modification proceeding
19.22 	under sections 518.18 and 518.64.  The court may adjudge costs
19.23 	and disbursements against either party.  The court may authorize
19.24 	the collection of money awarded by execution, ~~or~~ out of property
19.25 	sequestered, or in any other manner within the power of the
19.26 	court.  An award of attorney's fees made by the court during the
19.27 	pendency of the proceeding or in the final judgment survives the
19.28 	proceeding and if not paid by the party directed to pay ~~the same~~ 
19.29 	them may be enforced ~~as above provided~~ in the manner provided in
19.30 	this paragraph or by a separate civil action brought in the
19.31 	attorney's own name.  If the proceeding is dismissed or
19.32 	abandoned prior to determination and award of attorney's fees,
19.33 	the court may nevertheless award attorney's fees upon the
19.34 	attorney's motion.  The award ~~shall also survive~~ survives the
19.35 	proceeding and may be enforced in the ~~same~~ manner ~~as last above~~ 
19.36 	provided in this paragraph.

20.1 	Sec. 23. Minnesota Statutes 2004, section 518.148, is
20.2 	amended to read:
20.3 	518.148 CERTIFICATION OF DISSOLUTION.
20.4 		Subdivision 1.Certificate of dissolution. An attorney
20.5 	or pro se party may prepare and submit to the court a separate
20.6 	certificate of dissolution to be attached to the judgment and
20.7 	decree at the time of granting the dissolution of marriage.
20.8 	Upon approval by the court and filing of the certificate of
20.9 	dissolution with the court administrator, the court
20.10 	administrator ~~shall~~ must provide to any party upon request
20.11 	certified copies of the certificate of dissolution.
20.12 		Subd. 2.Required information. The certificate ~~shall~~ 
20.13 	must include the following information:
20.14 	(1) the full caption and file number of the case and the
20.15 	title "Certificate of Dissolution";
20.16 	(2) the names and any prior or other names of the parties
20.17 	to the dissolution;
20.18 	(3) the names of any living minor or dependent children as
20.19 	identified in the judgment and decree;
20.20 	(4) that the marriage of the parties is dissolved;
20.21 	(5) the date of the judgment and decree; and
20.22 	(6) the Social Security number of the parties to the
20.23 	dissolution and the Social Security number of any living minor
20.24 	or dependent children identified in the judgment and decree.
20.25 		Subd. 3.Certification. The certificate of
20.26 	dissolution ~~shall be~~ is conclusive evidence of the facts recited
20.27 	in the certificate.

20.28 	Sec. 24. Minnesota Statutes 2004, section 518.191,
20.29 	subdivision 1, is amended to read:
20.30 		Subdivision 1.Abbreviated judgment and decree.  If real
20.31 	estate is described in a judgment and decree of dissolution, the
20.32 	court may direct either of the parties or their legal counsel to
20.33 	prepare and submit to the court a proposed summary real estate
20.34 	disposition judgment.  Upon approval by the court and filing of
20.35 	the summary real estate disposition judgment with the court
20.36 	administrator, the court administrator ~~shall~~ must provide to any
21.1 	party upon request certified copies of the summary real estate
21.2 	disposition judgment.

21.3 	Sec. 25. Minnesota Statutes 2004, section 518.195,
21.4 	subdivision 2, is amended to read:
21.5 		Subd. 2.Procedure.  A couple qualifying under all of the
21.6 	criteria in subdivision 1, may obtain a judgment and decree by:
21.7 	(1) filing a sworn joint declaration, on which both of
21.8 	their signatures must be notarized, containing or appending the
21.9 	following information:
21.10 	(i) the demographic data required in section 518.10;
21.11 	(ii) verifying the qualifications set forth in subdivision
21.12 	1;
21.13 	(iii) listing each party's nonmarital property;
21.14 	(iv) setting forth how the marital assets and debts will be
21.15 	apportioned;
21.16 	(v) verifying both parties' income and preserving their
21.17 	rights to spousal maintenance; and
21.18 	(vi) certifying that there has been no domestic abuse of
21.19 	one party by the other; and
21.20 	(2) viewing any introductory and summary process
21.21 	educational videotapes, if then available from the court, and
21.22 	certifying that they watched any such tapes within the 30 days
21.23 	preceding the filing of the joint declaration.
21.24 	The district court administrator ~~shall~~ must enter a decree
21.25 	of dissolution 30 days after the filing of the joint declaration
21.26 	if the parties meet the statutory qualifications and have
21.27 	complied with the procedural requirements of this subdivision.

21.28 	Sec. 26. Minnesota Statutes 2004, section 518.195,
21.29 	subdivision 3, is amended to read:
21.30 		Subd. 3.Forms.  The state court administrator ~~shall~~ must 
21.31 	develop simplified forms and instructions for the summary
21.32 	process.  District court administrators ~~shall~~ must make the
21.33 	forms for the summary process available upon request and ~~shall~~ 
21.34 	must accept joint declarations for filing ~~on and after July 1,~~
21.35 	~~1997~~.

21.36 	Sec. 27. Minnesota Statutes 2004, section 518.24, is
22.1 	amended to read:
22.2 	518.24 SECURITY; SEQUESTRATION; CONTEMPT.
22.3 	~~In all cases when~~ If maintenance ~~or support~~ payments are
22.4 	ordered, the court may require sufficient security to be given
22.5 	for the payment of them according to the terms of the order.
22.6 	Upon neglect or refusal to give security~~,~~or ~~upon~~ failure to pay
22.7 	the maintenance ~~or support~~, the court may sequester the
22.8 	obligor's personal estate and the rents and profits of real
22.9 	estate of the obligor~~,~~and appoint a receiver of them.  The
22.10 	court may cause the personal estate and the rents and profits of
22.11 	the real estate to be applied according to the terms of the
22.12 	order.  The obligor is presumed to have an income from a source
22.13 	sufficient to pay the maintenance ~~or support~~ order.  A ~~child~~
22.14 	~~support or~~ maintenance order constitutes prima facie evidence
22.15 	that the obligor has the ability to pay the award.  If the
22.16 	obligor disobeys the order, it is prima facie evidence of
22.17 	contempt.  The court may cite the obligor for contempt under
22.18 	this section, section 518.617, or chapter 588.

22.19 	Sec. 28. Minnesota Statutes 2004, section 518.25, is
22.20 	amended to read:
22.21 	518.25 REMARRIAGE; REVOCATION.
22.22 	~~When a dissolution has been granted, and the parties~~
22.23 	~~afterward intermarry~~ If two people remarry each other after
22.24 	dissolution of their prior marriage, the court, upon their joint
22.25 	application~~,~~and ~~upon~~ satisfactory proof of ~~such~~ the marriage,
22.26 	may revoke all decrees and orders of dissolution, maintenance,
22.27 	and subsistence ~~which will~~ that do not affect the rights of
22.28 	third persons.

22.29 	Sec. 29. Minnesota Statutes 2004, section 518.27, is
22.30 	amended to read:
22.31 	518.27 NAME OF PARTY.
22.32 	Except as provided in section 259.13, in the final decree
22.33 	of dissolution or legal separation the court ~~shall~~ must, if
22.34 	requested by a party, change the name of that party to another
22.35 	name as the party requests.  The court ~~shall~~ must grant a
22.36 	request unless it finds that there is an intent to defraud or
23.1 	mislead, unless the name change is subject to section 259.13, in
23.2 	which case the requirements of that section apply.  The
23.3 	court ~~shall~~ must notify the parties that use of a different
23.4 	surname after dissolution or legal separation without complying
23.5 	with section 259.13, if applicable, is a gross misdemeanor.  The
23.6 	party's new name ~~shall~~ must be so designated in the final decree.

23.7 	Sec. 30. Minnesota Statutes 2004, section 518.54,
23.8 	subdivision 1, is amended to read:
23.9 		Subdivision 1.~~terms~~ scope. ~~For the purposes of sections~~
23.10 	~~518.54 to 518.66, the terms defined~~ The definitions in this
23.11 	section ~~shall have the meanings respectively ascribed to~~
23.12 	~~them~~ apply to sections 517A.31 to 517A.41.

23.13 	Sec. 31. Minnesota Statutes 2004, section 518.54,
23.14 	subdivision 5, is amended to read:
23.15 		Subd. 5.Marital property; exceptions.  "Marital
23.16 	property" means ~~property,~~real or personal property, including
23.17 	vested public or private pension plan benefits or rights,
23.18 	acquired by one or both of the parties~~, or either of them,~~to a
23.19 	dissolution, legal separation, or annulment proceeding at any
23.20 	time during the existence of the marriage relation between them,
23.21 	or at any time during which the parties were living together as
23.22 	husband and wife under a purported marriage relationship which
23.23 	is annulled in an annulment proceeding, but prior to the date of
23.24 	valuation under section 518.58, subdivision 1.  All property
23.25 	acquired by either spouse subsequent to the marriage and before
23.26 	the valuation date is presumed to be marital property regardless
23.27 	of whether title is held individually or by the spouses in a
23.28 	form of co-ownership such as joint tenancy, tenancy in common,
23.29 	tenancy by the entirety, or community property.  Each
23.30 	spouse ~~shall be~~ is deemed to have a common ownership in marital
23.31 	property that vests not later than the time of the entry of the
23.32 	decree in a proceeding for dissolution or annulment.  The extent
23.33 	of the vested interest ~~shall~~ must be determined and made final
23.34 	by the court pursuant to section 518.58.  If a title interest in
23.35 	real property is held individually by only one spouse, the
23.36 	interest in the real property of the nontitled spouse is not
24.1 	subject to claims of creditors or judgment or tax liens until
24.2 	the time of entry of the decree awarding an interest to the
24.3 	nontitled spouse.  The presumption of marital property is
24.4 	overcome by a showing that the property is nonmarital property.
24.5 	"Nonmarital property" means property real or personal,
24.6 	acquired by either spouse before, during, or after the existence
24.7 	of their marriage, which:
24.8 	~~(a)~~ (1) is acquired as a gift, bequest, devise,or
24.9 	inheritance made by a third party to one but not to the other
24.10 	spouse;
24.11 	~~(b)~~ (2) is acquired before the marriage;
24.12 	~~(c)~~ (3) is acquired in exchange for or is the increase in
24.13 	value of property which is described in ~~clauses (a), (b), (d),~~
24.14 	~~and (e)~~ clause (1), (2), (4), or (5);
24.15 	~~(d)~~ (4) is acquired by a spouse after the valuation date;
24.16 	or
24.17 	~~(e)~~ (5) is excluded by a valid antenuptial contract.

24.18 	Sec. 32. Minnesota Statutes 2004, section 518.54,
24.19 	subdivision 6, is amended to read:
24.20 		Subd. 6.Income.  "Income" means any form of periodic
24.21 	payment to an individual including, but not limited to, wages,
24.22 	salaries, payments to an independent contractor, workers'
24.23 	compensation, unemployment benefits, and annuity, military ~~and~~ 
24.24 	or naval retirement, pension ~~and~~ or disability payments.
24.25 	"Income" does not include benefits received under Title IV-A of
24.26 	the Social Security Act ~~and~~ or chapter 256J ~~are not income under~~
24.27 	~~this section~~.

24.28 	Sec. 33. Minnesota Statutes 2004, section 518.54,
24.29 	subdivision 7, is amended to read:
24.30 		Subd. 7.Obligee.  "Obligee" means a person to whom
24.31 	payments for maintenance ~~or support~~ are owed.

24.32 	Sec. 34. Minnesota Statutes 2004, section 518.54,
24.33 	subdivision 8, is amended to read:
24.34 		Subd. 8.Obligor.  "Obligor" means a person obligated to
24.35 	pay maintenance ~~or support~~. ~~A person who is designated as the~~
24.36 	~~sole physical custodian of a child is presumed not to be an~~
25.1 	~~obligor for purposes of calculating current support under~~
25.2 	~~section 518.551 unless the court makes specific written findings~~
25.3 	~~to overcome this presumption.~~

25.4 	Sec. 35. Minnesota Statutes 2004, section 518.55, is
25.5 	amended to read:
25.6 	518.55 MAINTENANCE OR SUPPORT MONEY.
25.7 		Subdivision 1.Contents of order. Every award of
25.8 	maintenance or support money in a judgment of dissolution or
25.9 	legal separation ~~shall~~ must clearly designate whether ~~the same~~ 
25.10 	it is maintenance or support money, or what part of the award is
25.11 	maintenance and what part is support money.  An award of
25.12 	payments from future income or earnings of the parent with whom
25.13 	the child resides is presumed to be maintenance and an award of
25.14 	payments from the future income or earnings of the parent with
25.15 	whom the child does not reside is presumed to be support money,
25.16 	unless otherwise designated by the court.  In a judgment of
25.17 	dissolution or legal separation the court may determine, as one
25.18 	of the issues of the case, whether or not either spouse is
25.19 	entitled to an award of maintenance notwithstanding that no
25.20 	award is then made, or it may reserve jurisdiction of the issue
25.21 	of maintenance for determination at a later date.
25.22 		Subd. 3.Notice of address or residence change. Every
25.23 	obligor ~~shall~~ must notify the obligee and the public authority
25.24 	responsible for collection, if applicable, of a change of
25.25 	address or residence within 60 days of the address or residence
25.26 	change.  Every order for ~~support or~~ maintenance must contain a
25.27 	conspicuous notice complying with section ~~518.68, subdivision~~
25.28 	~~2~~ 517C.99.  The court may waive or modify the requirements of
25.29 	this subdivision by order if necessary to protect the obligor
25.30 	from contact by the obligee.
25.31 		Subd. 4.Determination of controlling order. The public
25.32 	authority or a party may request the district court to determine
25.33 	a controlling order in situations in which more than one order
25.34 	involving the same obligor and child exists.

25.35 	Sec. 36. Minnesota Statutes 2004, section 518.552, is
25.36 	amended to read:
26.1 	518.552 MAINTENANCE.
26.2 		Subdivision 1.Jurisdiction; grounds. In a proceeding
26.3 	for dissolution of marriage or legal separation, or in a
26.4 	proceeding for maintenance following dissolution of the marriage
26.5 	by a court which lacked personal jurisdiction over the absent
26.6 	spouse and which has since acquired jurisdiction, the court may
26.7 	grant a maintenance order for either spouse if it finds that the
26.8 	spouse seeking maintenance:
26.9 	~~(a)~~ (1) lacks sufficient property, including marital
26.10 	property apportioned to the spouse, to provide for reasonable
26.11 	needs of the spouse considering the standard of living
26.12 	established during the marriage, especially, but not limited to,
26.13 	a period of training or education~~,~~;or
26.14 	~~(b)~~ (2) is unable to provide adequate self-support, after
26.15 	considering the standard of living established during the
26.16 	marriage and all relevant circumstances, through appropriate
26.17 	employment~~,~~;or ~~is the custodian of~~ 
26.18 	(3) if a child ~~whose~~ resides with the spouse and the
26.19 	child's condition or circumstances make it appropriate that
26.20 	the ~~custodian~~ spouse not be required to seek employment outside
26.21 	the home.
26.22 		Subd. 2.Amount; duration. The maintenance order ~~shall~~ 
26.23 	must be in amounts and for periods ~~of time~~, either temporary or
26.24 	permanent, ~~as~~ that the court deems just, without regard to
26.25 	marital misconduct~~,~~and after considering all relevant factors
26.26 	including:
26.27 	~~(a)~~ (1) the financial resources of the party seeking
26.28 	maintenance, including marital property apportioned to the
26.29 	party, and the party's ability to meet needs independently,
26.30 	including the extent to which a provision for support of a child
26.31 	living with the party includes a sum for that party as ~~custodian~~ 
26.32 	caretaker;
26.33 	~~(b)~~ (2) the time necessary to acquire sufficient education
26.34 	or training to enable the party seeking maintenance to find
26.35 	appropriate employment, and the probability, given the party's
26.36 	age and skills, of completing education or training and becoming
27.1 	fully or partially self-supporting;
27.2 	~~(c)~~ (3) the standard of living established during the
27.3 	marriage;
27.4 	~~(d)~~ (4) the duration of the marriage and, in the case of a
27.5 	homemaker, the length of absence from employment and the extent
27.6 	to which any education, skills, or experience have become
27.7 	outmoded and earning capacity has become permanently diminished;
27.8 	~~(e)~~ (5) the loss of earnings, seniority, retirement
27.9 	benefits, and other employment opportunities forgone by the
27.10 	spouse seeking ~~spousal~~ maintenance;
27.11 	~~(f)~~ (6) the age~~,~~and the physical and emotional condition
27.12 	of the spouse seeking maintenance;
27.13 	~~(g)~~ (7) the ability of the spouse from whom maintenance is
27.14 	sought to meet needs while meeting those of the spouse seeking
27.15 	maintenance; and
27.16 	~~(h)~~ (8) the contribution of each party in the acquisition,
27.17 	preservation, depreciation, or appreciation in the amount or
27.18 	value of the marital property, as well as the contribution of a
27.19 	spouse as a homemaker or in furtherance of the other party's
27.20 	employment or business.
27.21 		Subd. 3.Permanency of award. ~~Nothing in~~ This section
27.22 	~~shall~~ must not be construed to favor a temporary award of
27.23 	maintenance over a permanent award~~, where~~ if the factors under
27.24 	subdivision 2 justify a permanent award.
27.25 	~~Where~~ If there is some uncertainty as to the necessity of a
27.26 	permanent award, the court ~~shall~~ must order a permanent award
27.27 	leaving its order open for later modification.
27.28 		Subd. 4.Reopening maintenance awards. Section 518.145,
27.29 	subdivision 2, applies to maintenance awards ~~of spousal~~
27.30 	~~maintenance~~.
27.31 		Subd. 5.Private agreements. The parties may expressly
27.32 	preclude or limit modification of maintenance through a
27.33 	stipulation~~,~~if the court makes specific findings that the
27.34 	stipulation is fair ~~and~~ ,equitable, ~~is~~ and supported by
27.35 	consideration described in the findings~~,~~and that full
27.36 	disclosure of each party's financial circumstances has
28.1 	occurred.  The stipulation must be made a part of the judgment
28.2 	and decree.

28.3 	Sec. 37. Minnesota Statutes 2004, section 518.58, is
28.4 	amended to read:
28.5 	518.58 DIVISION OF MARITAL PROPERTY.
28.6 		Subdivision 1.General. Upon a dissolution of a
28.7 	marriage, an annulment, or in a proceeding for disposition of
28.8 	property following a dissolution of marriage by a court which
28.9 	lacked personal jurisdiction over the absent spouse or lacked
28.10 	jurisdiction to dispose of the property and which has since
28.11 	acquired jurisdiction, the court ~~shall~~ must make a just and
28.12 	equitable division of the marital property of the parties
28.13 	without regard to marital misconduct, after making findings
28.14 	regarding the division of the property.  The court ~~shall~~ must 
28.15 	base its findings on all relevant factors including the length
28.16 	of the marriage, any prior marriage of a party, the age, health,
28.17 	station, occupation, amount and sources of income, vocational
28.18 	skills, employability, estate, liabilities, needs, opportunity
28.19 	for future acquisition of capital assets, and income of each
28.20 	party.  The court ~~shall~~ must also consider the contribution of
28.21 	each in the acquisition, preservation, depreciation,or
28.22 	appreciation in the amount or value of the marital property, as
28.23 	well as the contribution of a spouse as a homemaker.  It ~~shall~~
28.24 	~~be~~ is conclusively presumed that each spouse made a substantial
28.25 	contribution to the acquisition of income and property while
28.26 	they were living together as husband and wife.  The court may
28.27 	also award to either spouse the household goods and furniture of
28.28 	the parties, whether or not acquired during the marriage.  The
28.29 	court ~~shall~~ must value marital assets for purposes of division
28.30 	between the parties as of the day of the initially scheduled
28.31 	prehearing settlement conference, unless a different date is
28.32 	agreed upon by the parties~~,~~or ~~unless~~ the court makes specific
28.33 	findings that another date of valuation is fair and equitable.
28.34 	If there is a substantial change in value of an asset between
28.35 	the date of valuation and the final distribution, the court may
28.36 	adjust the valuation of that asset as necessary to effect an
29.1 	equitable distribution.
29.2 		Subd. 1a.Transfer, encumbrance, concealment, or
29.3 	disposition of marital assets. In contemplation of commencing
29.4 	or during the pendency of a marriage dissolution, separation, or
29.5 	annulment proceeding, ~~or in contemplation of commencing a~~
29.6 	~~marriage dissolution, separation, or annulment proceeding,~~each
29.7 	party owes a fiduciary duty to the other for any profit or loss
29.8 	derived by the party, without the consent of the other, from a
29.9 	transaction or from any use by the party of the marital assets.
29.10 	If the court finds that a party to a marriage, without consent
29.11 	of the other party, has in contemplation of commencing~~,~~or
29.12 	during the pendency of~~,~~the current dissolution, separation, or
29.13 	annulment proceeding, transferred, encumbered, concealed, or
29.14 	disposed of marital assets except in the usual course of
29.15 	business or for the necessities of life, the court ~~shall~~ must 
29.16 	compensate the other party by placing both parties in the same
29.17 	position that they would have been in had the transfer,
29.18 	encumbrance, concealment, or disposal not occurred.  The burden
29.19 	of proof under this subdivision is on the party claiming that
29.20 	the other party transferred, encumbered, concealed, or disposed
29.21 	of marital assets in contemplation of commencing or during the
29.22 	pendency of the current dissolution, separation, or annulment
29.23 	proceeding~~,~~without consent of the claiming party, and that the
29.24 	transfer, encumbrance, concealment, or disposal was not in the
29.25 	usual course of business or for the necessities of life.  In
29.26 	compensating a party under this section, the court, in dividing
29.27 	the marital property, may impute the entire value of an asset
29.28 	and a fair return on the asset to the party who transferred,
29.29 	encumbered, concealed, or disposed of it.  Use of a power of
29.30 	attorney~~,~~or the absence of a restraining order against the
29.31 	transfer, encumbrance, concealment, or disposal of marital
29.32 	property is not available as a defense under this subdivision.
29.33 		Subd. 2.Award of nonmarital property. If the court
29.34 	finds that either spouse's resources or property, including the
29.35 	spouse's portion of the marital property as defined in section
29.36 	518.54, subdivision 5, are so inadequate as to work an unfair
30.1 	hardship, considering all relevant circumstances, the court may,
30.2 	in addition to the marital property, apportion up to one-half of
30.3 	the property otherwise excluded under section 518.54,
30.4 	subdivision 5, clauses ~~(a)~~ (1) to ~~(d)~~ (4), to prevent the unfair
30.5 	hardship.  If the court apportions property other than marital
30.6 	property, it ~~shall~~ must make findings in support of the
30.7 	apportionment.  The findings ~~shall~~ must be based on all relevant
30.8 	factors including the length of the marriage, any prior marriage
30.9 	of a party, the age, health, station, occupation, amount and
30.10 	sources of income, vocational skills, employability, estate,
30.11 	liabilities, needs, and opportunity for future acquisition of
30.12 	capital assets and income of each party.
30.13 		Subd. 3.Sale or distribution while proceeding pending.
 30.14 	(a) If the court finds that it is necessary to preserve the
30.15 	marital assets of the parties, the court may order the sale of
30.16 	the homestead of the parties or the sale of other marital
30.17 	assets, as the individual circumstances may require, during the
30.18 	pendency of a proceeding for a dissolution of marriage or an
30.19 	annulment.  If the court orders a sale, it may further provide
30.20 	for the disposition of the funds received from the sale during
30.21 	the pendency of the proceeding. If liquid or readily liquidated
30.22 	marital property other than property representing vested pension
30.23 	benefits or rights is available, the court, so far as possible,
30.24 	~~shall~~ must divide the property representing vested pension
30.25 	benefits or rights by the disposition of an equivalent amount of
30.26 	the liquid or readily liquidated property.
30.27 	(b) The court may order a partial distribution of marital
30.28 	assets during the pendency of a proceeding for a dissolution of
30.29 	marriage or an annulment for good cause shown or upon the
30.30 	request of both parties~~, provided that~~ as long as the court
30.31 	~~shall~~ fully ~~protect~~ protects the interests of the other party.
30.32 		Subd. 4.Pension plans. (a) The division of marital
30.33 	property that represents pension plan benefits or rights in the
30.34 	form of future pension plan payments:
30.35 	(1) is payable only to the extent of the amount of the
30.36 	pension plan benefit payable under the terms of the plan;
31.1 	(2) is not payable for a period that exceeds the time that
31.2 	pension plan benefits are payable to the pension plan benefit
31.3 	recipient;
31.4 	(3) is not payable in a lump sum amount from pension plan
31.5 	assets attributable in any fashion to a spouse with the status
31.6 	of an active member, deferred retiree, or benefit recipient of a
31.7 	pension plan;
31.8 	(4) if the former spouse to whom the payments are to be
31.9 	made dies prior to the end of the specified payment period with
31.10 	the right to any remaining payments accruing to an estate or to
31.11 	more than one survivor, is payable only to a trustee on behalf
31.12 	of the estate or the group of survivors for subsequent
31.13 	apportionment by the trustee; and
31.14 	(5) in the case of public pension plan benefits or rights,
31.15 	may not commence until the public plan member submits a valid
31.16 	application for a public pension plan benefit and the benefit
31.17 	becomes payable.
31.18 	(b) ~~The~~ An individual retirement account ~~plans~~ plan 
31.19 	established under chapter 354B may provide in its plan document,
31.20 	if published and made generally available, for an alternative
31.21 	marital property division or distribution of individual
31.22 	retirement account plan assets.  If an alternative division or
31.23 	distribution procedure is provided, it applies in place of
31.24 	paragraph (a), clause (5).

31.25 	Sec. 38. Minnesota Statutes 2004, section 518.581, is
31.26 	amended to read:
31.27 	518.581 SURVIVING SPOUSE BENEFIT.
31.28 		Subdivision 1.Award of benefit. If a current or former
31.29 	employee's marriage is dissolved, the court may order the
31.30 	employee, the employee's pension plan, or both, to pay amounts
31.31 	as part of the division of pension rights that the court may
31.32 	make under section 518.58, or as an award of maintenance in the
31.33 	form of a percentage of periodic or other payments or in the
31.34 	form of a fixed dollar amount.  The court may, as part of the
31.35 	order, award a former spouse all or part of a survivor benefit
31.36 	unless the plan does not allow by law the payment of a surviving
32.1 	spouse benefit to a former spouse.
32.2 		Subd. 2.Payment of funds by retirement plan. (a) If the
32.3 	court has ordered that a spouse has an interest in a pension
32.4 	plan, the court may order the pension plan to withhold payment
32.5 	of a refund upon termination of employment or lump sum
32.6 	distribution to the extent of the spouse's interest in the plan~~,~~
32.7 	or to provide survivor benefits ordered by the court.
32.8 	(b) The court may not order the pension plan to:
32.9 	(1) pay more than the equivalent of one surviving spouse
32.10 	benefit, regardless of the number of spouses or former spouses
32.11 	who may be sharing in a portion of the total benefit;
32.12 	(2) pay surviving spouse benefits under circumstances where
32.13 	the plan member does not have a right to elect surviving spouse
32.14 	benefits;
32.15 	(3) pay surviving spouse benefits to a former spouse if the
32.16 	former spouse would not be eligible for benefits under the terms
32.17 	of the plan; or
32.18 	(4) ~~order~~ pay survivor benefits which, when combined with
32.19 	the annuity or benefit payable to the pension plan member,
32.20 	exceed the actuarial equivalent value of the normal retirement
32.21 	annuity form, determined under the plan documents of the pension
32.22 	plan then in effect and the actuarial assumptions then in effect
32.23 	for calculating optional annuity forms by the pension plan or
32.24 	for calculating the funding requirements of the pension plan if
32.25 	no optional annuity forms are provided by the pension plan.
32.26 	(c) If more than one spouse or former spouse is entitled to
32.27 	a surviving spouse benefit, the pension plan ~~shall~~ must pay each
32.28 	spouse a portion of the benefit based on the ratio of the number
32.29 	of years the spouse was married to the plan member to the total
32.30 	number of years the plan member was married to spouses who are
32.31 	entitled to the benefit.
32.32 		Subd. 3.Notice to former spouse. A pension plan
32.33 	~~shall~~ must notify a former spouse of an application by the
32.34 	employee for a refund of pension benefits if the former spouse
32.35 	has filed with the pension plan:
32.36 	(1) a copy of the court order, including a withholding
33.1 	order, determining the former spouse's rights;
33.2 	(2) the name and last known address of the employee; and
33.3 	(3) the name and address of the former spouse.
33.4 	A pension plan ~~shall~~ must comply with an order, including a
33.5 	withholding order, issued by a court having jurisdiction over
33.6 	dissolution of marriage that is served on the pension plan, if
33.7 	the order states the name, last known address of the payees, and
33.8 	name and address of the former spouse~~,~~or if the names and
33.9 	addresses are provided to the pension plan with service of the
33.10 	order.
33.11 		Subd. 4.Definitions. ~~For purposes of~~ The definitions in
33.12 	this subdivision apply to this section~~, the following terms have~~
33.13 	~~the meanings given in this subdivision~~.
33.14 	(a) "Current or former employee" or "employee" means an
33.15 	individual who has an interest in a pension plan.
33.16 	(b) "Surviving spouse benefit" means (1) a benefit a
33.17 	surviving spouse may be eligible for under the laws and bylaws
33.18 	of the pension plan if the employee dies before retirement, or
33.19 	(2) a benefit selected for or available to a surviving spouse
33.20 	under the laws and bylaws of the pension plan upon the death of
33.21 	the employee after retirement.

33.22 	Sec. 39. Minnesota Statutes 2004, section 518.582, is
33.23 	amended to read:
33.24 	518.582 PROCEDURE FOR VALUING PENSION BENEFITS OR RIGHTS.
33.25 		Subdivision 1.Appointment of actuary. ~~Each~~ A court of
33.26 	this state ~~that has~~ with jurisdiction to decide marriage
33.27 	dissolution matters may appoint a qualified person experienced
33.28 	in the valuation of pension benefits and rights to function as
33.29 	an expert witness in valuing pension benefits or rights.
33.30 		Subd. 2.Standards. (a) A court appointed actuary ~~shall~~ 
33.31 	must determine the present value of pension benefits or rights
33.32 	that are marital property of the parties to the action:
33.33 	(1) based on the applicable plan documents of the pension
33.34 	plan and the applicable actuarial assumptions specified for use
33.35 	in calculating optional annuity forms by the pension plan or for
33.36 	funding the pension plan, if reasonable~~,~~;or
34.1 	(2) as specified by the court.
34.2 	(b) The court appointed actuary ~~shall~~ must report to the
34.3 	court and to the parties the present value of the pension
34.4 	benefits or rights that are marital property.
34.5 		Subd. 3.Compensation. The court appointed actuary may
34.6 	be compensated at a rate established by the court.  The
34.7 	compensation of the court appointed actuary ~~shall~~ must be
34.8 	allocated between the parties as the court directs.
34.9 		Subd. 4.Stipulation. In lieu of valuing pension
34.10 	benefits or rights through use of the court appointed actuary,
34.11 	the parties may stipulate the present value of pension benefits
34.12 	or rights that are marital property.

34.13 	Sec. 40. Minnesota Statutes 2004, section 518.62, is
34.14 	amended to read:
34.15 	518.62 TEMPORARY ORDER;MAINTENANCE; HOMESTEAD.
34.16 	Temporary maintenance ~~and temporary support~~ may be awarded
34.17 	as provided in section 518.131.  The court may also award to
34.18 	either party to the proceeding, having due regard to all the
34.19 	circumstances and the party awarded the custody of the children,
34.20 	the right to the exclusive use of the household goods and
34.21 	furniture of the parties pending the proceeding and the right to
34.22 	the use of the homestead of the parties, exclusive or otherwise,
34.23 	pending the proceeding.  The court may order either party to
34.24 	remove from the homestead of the parties upon proper application
34.25 	to the court for an order pending the proceeding.

34.26 	Sec. 41. Minnesota Statutes 2004, section 518.64,
34.27 	subdivision 1, is amended to read:
34.28 		Subdivision 1.Authority. (a) After an order for
34.29 	temporary or permanent maintenance ~~or support money, temporary~~
34.30 	~~or permanent,~~or for the appointment of trustees to receive
34.31 	property awarded as maintenance ~~or support money, the court may~~
34.32 	~~from time to time, on motion of either of the parties~~, either
34.33 	party or the public authority responsible for support
34.34 	enforcement may move for modification.A copy of ~~which is~~ a
34.35 	motion by a party must be served on the public authority
34.36 	responsible for ~~child~~ support enforcement if payments are made
35.1 	through it~~, or on motion of the public authority responsible for~~
35.2 	~~support enforcement,~~.
35.3 	(b) The court may:
35.4 	(1) modify the order respecting the amount of
35.5 	maintenance ~~or support money~~, ~~and the~~ its payment ~~of it~~, ~~and~~
35.6 	~~also respecting the~~ or appropriation and payment of the
35.7 	principal and income of property held in trust~~,~~;and ~~may~~ 
35.8 	(2) make an order respecting these matters which it might
35.9 	have made in the original proceeding, ~~except as herein otherwise~~
35.10 	~~provided~~ subject to subdivisions 2 and 3.
35.11 	(c) A party or the public authority also may bring a motion
35.12 	for contempt of court if the obligor is in arrears in ~~support or~~ 
35.13 	maintenance payments.

35.14 	Sec. 42. Minnesota Statutes 2004, section 518.64,
35.15 	subdivision 2, is amended to read:
35.16 		Subd. 2.Modification.  (a) The terms of an order
35.17 	respecting maintenance ~~or support~~ may be modified upon a showing
35.18 	of one or more of the following:  (1) substantially increased or
35.19 	decreased earnings of a party; (2) substantially increased or
35.20 	decreased need of a party ~~or the child or children that are the~~
35.21 	~~subject of these proceedings~~; (3) receipt of assistance under
35.22 	the AFDC program formerly codified under sections 256.72 to
35.23 	256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a
35.24 	change in the cost of living for either party as measured by the
35.25 	Federal Bureau of Statistics, any of which makes the terms
35.26 	unreasonable and unfair; (5) extraordinary medical expenses of
35.27 	the child not provided for under section 518.171; or (6) the
35.28 	addition of work-related or education-related child care
35.29 	expenses of the obligee or a substantial increase or decrease in
35.30 	existing work-related or education-related child care expenses.
35.31 	~~On a motion to modify support, the needs of any child the~~
35.32 	~~obligor has after the entry of the support order that is the~~
35.33 	~~subject of a modification motion shall be considered as provided~~
35.34 	~~by section 518.551, subdivision 5f.~~
35.35 	~~(b) It is presumed that there has been a substantial change~~
35.36 	~~in circumstances under paragraph (a) and the terms of a current~~
36.1 	~~support order shall be rebuttably presumed to be unreasonable~~
36.2 	~~and unfair if:~~
36.3 	~~(1) the application of the child support guidelines in~~
36.4 	~~section 518.551, subdivision 5, to the current circumstances of~~
36.5 	~~the parties results in a calculated court order that is at least~~
36.6 	~~20 percent and at least $50 per month higher or lower than the~~
36.7 	~~current support order;~~
36.8 	~~(2) the medical support provisions of the order established~~
36.9 	~~under section 518.171 are not enforceable by the public~~
36.10 	~~authority or the obligee;~~
36.11 	~~(3) health coverage ordered under section 518.171 is not~~
36.12 	~~available to the child for whom the order is established by the~~
36.13 	~~parent ordered to provide; or~~ 
36.14 	~~(4) the existing support obligation is in the form of a~~
36.15 	~~statement of percentage and not a specific dollar amount.~~
36.16 	~~(c)~~ (b) On a motion for modification of maintenance,
36.17 	including a motion for the extension of the duration of a
36.18 	maintenance award, the court ~~shall~~ must apply, in addition to
36.19 	all other relevant factors, the factors for an award of
36.20 	maintenance under section 518.552 that exist at the time of the
36.21 	motion. ~~On a motion for modification of support, the court:~~
36.22 	~~(1) shall apply section 518.551, subdivision 5, and shall~~
36.23 	~~not consider the financial circumstances of each party's spouse,~~
36.24 	~~if any; and~~ 
36.25 	~~(2) shall not consider compensation received by a party for~~
36.26 	~~employment in excess of a 40-hour work week, provided that the~~
36.27 	~~party demonstrates, and the court finds, that:~~
36.28 	~~(i) the excess employment began after entry of the existing~~
36.29 	~~support order;~~
36.30 	~~(ii) the excess employment is voluntary and not a condition~~
36.31 	~~of employment;~~
36.32 	~~(iii) the excess employment is in the nature of additional,~~
36.33 	~~part-time employment, or overtime employment compensable by the~~
36.34 	~~hour or fractions of an hour;~~
36.35 	~~(iv) the party's compensation structure has not been~~
36.36 	~~changed for the purpose of affecting a support or maintenance~~
37.1 	~~obligation;~~
37.2 	~~(v) in the case of an obligor, current child support~~
37.3 	~~payments are at least equal to the guidelines amount based on~~
37.4 	~~income not excluded under this clause; and~~ 
37.5 	~~(vi) in the case of an obligor who is in arrears in child~~
37.6 	~~support payments to the obligee, any net income from excess~~
37.7 	~~employment must be used to pay the arrearages until the~~
37.8 	~~arrearages are paid in full.~~
37.9 	~~(d)~~ (c) A modification of ~~support or~~ maintenance, including
37.10 	interest that accrued pursuant to section 548.091, may be made
37.11 	retroactive only with respect to any period during which the
37.12 	petitioning party has pending a motion for modification but only
37.13 	from the date of service of notice of the motion on the
37.14 	responding party and on the public authority if public
37.15 	assistance is being furnished or the county attorney is the
37.16 	attorney of record.  However, modification may be applied to an
37.17 	earlier period if the court makes express findings that:
37.18 	(1) the party seeking modification was precluded from
37.19 	serving a motion by reason of a significant physical or mental
37.20 	disability, a material misrepresentation of another party, or
37.21 	fraud upon the court and that the party seeking modification,
37.22 	when no longer precluded, promptly served a motion;
37.23 	(2) the party seeking modification was a recipient of
37.24 	federal Supplemental Security Income (SSI), Title II Older
37.25 	Americans, Survivor's Disability Insurance (OASDI), other
37.26 	disability benefits, or public assistance based upon need during
37.27 	the period for which retroactive modification is sought;
37.28 	(3) the order for which the party seeks amendment was
37.29 	entered by default, the party shows good cause for not
37.30 	appearing, and the record contains no factual evidence, or
37.31 	clearly erroneous evidence regarding the individual obligor's
37.32 	ability to pay; or
37.33 	(4) the party seeking modification was institutionalized or
37.34 	incarcerated for an offense other than nonsupport of a child
37.35 	during the period for which retroactive modification is sought
37.36 	and lacked the financial ability to pay the support ordered
38.1 	during that time period.  In determining whether to allow the
38.2 	retroactive modification, the court shall consider whether and
38.3 	when a request was made to the public authority for support
38.4 	modification.
38.5 	~~The court may provide that a reduction in the amount allocated~~
38.6 	~~for child care expenses based on a substantial decrease in the~~
38.7 	~~expenses is effective as of the date the expenses decreased.~~
38.8 	~~(e)~~ (d) Except for an award of the right of occupancy of
38.9 	the homestead~~, provided in~~ under section 518.63, all divisions
38.10 	of real and personal property provided by section 518.58~~shall~~
38.11 	~~be~~ are final, and may be revoked or modified only ~~where~~ if the
38.12 	court finds the existence of conditions that justify reopening a
38.13 	judgment under the laws of this state, including motions under
38.14 	section 518.145, subdivision 2.  The court may impose a lien or
38.15 	charge on the divided property at any time while the property,
38.16 	or subsequently acquired property, is owned by the parties or
38.17 	either of them, for the payment of maintenance or support ~~money,~~
38.18 	or may sequester the property ~~as is provided by~~ under section
38.19 	518.24.
38.20 	~~(f)~~ (e) The court need not hold an evidentiary hearing on a
38.21 	motion for modification of maintenance or support.
38.22 	~~(g)~~ (f) Section 518.14~~shall govern~~ governs the award of
38.23 	attorney fees for motions brought under this subdivision.

38.24 	Sec. 43. Minnesota Statutes 2004, section 518.641, is
38.25 	amended to read:
38.26 	518.641 COST-OF-LIVING ADJUSTMENTS IN MAINTENANCE ~~OR CHILD~~
38.27 	~~SUPPORT~~ ORDER.
38.28 		Subdivision 1.Requirement. (a) An order establishing,
38.29 	modifying, or enforcing maintenance ~~or child support shall~~ must 
38.30 	provide for a biennial adjustment in the amount to be paid based
38.31 	on a change in the cost of living.  An order that provides for a
38.32 	cost-of-living adjustment ~~shall~~ must specify the cost-of-living
38.33 	index to be applied and the date on which the cost-of-living
38.34 	adjustment ~~shall become~~ becomes effective.  The court may use
38.35 	the Consumer Price Index for all urban consumers,
38.36 	Minneapolis-St. Paul (CPI-U), the Consumer Price Index for wage
39.1 	earners and clerical, Minneapolis-St. Paul (CPI-W), or another
39.2 	cost-of-living index published by the Department of Labor which
39.3 	it specifically finds is more appropriate.  Cost-of-living
39.4 	increases under this section ~~shall~~ must be compounded.  The
39.5 	court may also increase the amount by more than the
39.6 	cost-of-living adjustment by agreement of the parties or by
39.7 	making further findings.
39.8 	(b) The adjustment becomes effective on the first of May of
39.9 	the year in which it is made, for cases in which payment is made
39.10 	to the public authority.  For cases in which payment is not made
39.11 	to the public authority, application for an adjustment may be
39.12 	made in any month but no application for an adjustment may be
39.13 	made sooner than two years after the date of the dissolution
39.14 	decree.  A court may waive the requirement of the cost-of-living
39.15 	clause if it expressly finds that the obligor's occupation or
39.16 	income, or both, does not provide for a cost-of-living
39.17 	adjustment or that the order for maintenance ~~or child support~~ 
39.18 	has a provision such as a step increase that has the effect of a
39.19 	cost-of-living clause.  The court may waive a cost-of-living
39.20 	adjustment in a maintenance order if the parties so agree in
39.21 	writing. ~~The commissioner of human services may promulgate~~
39.22 	~~rules for child support adjustments under this section in~~
39.23 	~~accordance with the rulemaking provisions of chapter 14.~~Notice
39.24 	of this statute must comply with section 518.68, subdivision 2.
39.25 		Subd. 2.Notice. No adjustment under this section may be
39.26 	made unless the order provides for it and the notice provisions
39.27 	of this subdivision are followed.  The public authority or the
39.28 	obligee, if the obligee is requesting the cost-of-living
39.29 	adjustment, ~~sends~~ must send notice of the intended adjustment to
39.30 	the obligor at the obligor's last known address at least 20 days
39.31 	before the effective date of the adjustment.  The notice ~~shall~~ 
39.32 	must inform the obligor of the date on which the adjustment ~~will~~
39.33 	~~become~~ becomes effective and the procedures for contesting the
39.34 	adjustment.
39.35 		Subd. 2a.Procedures for contesting adjustment. (a) To
39.36 	contest cost-of-living adjustments initiated by the public
40.1 	authority or an obligee who has applied for or is receiving
40.2 	~~child support and~~ maintenance collection services from the
40.3 	public authority, other than income withholding only services,
40.4 	the obligor, before the effective date of the adjustment, must:
40.5 	(1) file a motion contesting the cost-of-living adjustment
40.6 	with the court administrator; and
40.7 	(2) serve the motion by first-class mail on the public
40.8 	authority and the obligee.
40.9 	The hearing ~~shall~~ must take place in the expedited child
40.10 	support process as governed by section 484.702.
40.11 	(b) To contest cost-of-living adjustments initiated by an
40.12 	obligee who is not receiving ~~child support and~~ maintenance
40.13 	collection services from the public authority, or ~~for~~ by an
40.14 	obligee who receives income withholding only services from the
40.15 	public authority, the obligor must, before the effective date of
40.16 	the adjustment:
40.17 	(1) file a motion contesting the cost-of-living adjustment
40.18 	with the court administrator; and
40.19 	(2) serve the motion by first-class mail on the obligee.
40.20 	The hearing ~~shall~~ must take place in district court.
40.21 	(c) Upon receipt of a motion contesting the cost-of-living
40.22 	adjustment, the cost-of-living adjustment ~~shall~~ must be stayed
40.23 	pending further order of the court.
40.24 	(d) The court administrator ~~shall~~ must make available pro
40.25 	se motion forms for contesting a cost-of-living adjustment under
40.26 	this subdivision.
40.27 		Subd. 3.Result of hearing. If, at a hearing pursuant to
40.28 	this section, the obligor establishes an insufficient cost of
40.29 	living or other increase in income that prevents fulfillment of
40.30 	the adjusted maintenance ~~or child support~~ obligation, the court
40.31 	or child support magistrate may direct that all or part of the
40.32 	adjustment not take effect.  If, at the hearing, the obligor
40.33 	does not establish this insufficient increase in income, the
40.34 	adjustment ~~shall~~ must take effect as of the date it would have
40.35 	become effective had no hearing been requested.

40.36 	Sec. 44. Minnesota Statutes 2004, section 518.642, is
41.1 	amended to read:
41.2 	518.642 OVERPAYMENTS.
41.3 	If ~~child support or~~ maintenance is not assigned under
41.4 	section 256.741~~,~~and an obligor has overpaid a ~~child support or~~ 
41.5 	maintenance obligation because of a modification or error in the
41.6 	amount owed, the public authority ~~shall~~ must:
41.7 	(1) apply the amount of the overpayment to reduce the
41.8 	amount of any ~~child support or~~ maintenance-related arrearages or
41.9 	debts owed to the obligee; and
41.10 	(2) if an overpayment exists after the reduction of any
41.11 	arrearage or debt, reduce the amount of the ~~child~~
41.12 	~~support~~ maintenance remitted to the obligee by an amount no
41.13 	greater than 20 percent of the current monthly ~~support or~~ 
41.14 	maintenance obligation and remit this amount to the obligor
41.15 	until the overpayment is reduced to zero.

41.16 	Sec. 45. Minnesota Statutes 2004, section 518.646, is
41.17 	amended to read:
41.18 	518.646 NOTICE OF ORDER.
41.19 	~~Whenever these laws require~~ If a law requires service of a
41.20 	court's order on an employer, union,or payor of funds, service
41.21 	of a verified notice of order may be made in lieu ~~thereof~~ of the
41.22 	order.  The verified notice ~~shall~~ must contain the title of the
41.23 	action, the name of the court, the court file number, the date
41.24 	of the court order, and ~~shall recite~~ the operative provisions of
41.25 	the order.

41.26 	Sec. 46. Minnesota Statutes 2004, section 518.65, is
41.27 	amended to read:
41.28 	518.65 PROPERTY; SALE, PARTITION.
41.29 	In order to effect a division or award of property ~~as is~~
41.30 	~~provided by~~ under section 518.58, the court may order property
41.31 	sold or partitioned.  Personal property may be ordered sold in
41.32 	the manner directed by the court~~,~~and real estate may be
41.33 	partitioned in the manner provided by Minnesota Statutes 1949,
41.34 	chapter 558.

41.35 	Sec. 47. Minnesota Statutes 2004, section 518.68,
41.36 	subdivision 1, is amended to read:
42.1 		Subdivision 1.Requirement.  Every court order or
42.2 	judgment and decree that provides for child support, spousal
42.3 	maintenance, custody, or parenting time must contain certain
42.4 	notices as set out in ~~subdivision 2.  The information in the~~
42.5 	~~notices must be concisely stated in plain language.  The notices~~
42.6 	~~must be in clearly legible print, but may not exceed two pages.~~
42.7 	~~An order or judgment and decree without the notice remains~~
42.8 	~~subject to all statutes.  The court may waive all or part of the~~
42.9 	~~notice required under subdivision 2 relating to parental rights~~
42.10 	~~under section 518.17, subdivision 3, if it finds it is necessary~~
42.11 	~~to protect the welfare of a party or child~~ section 517C.99.

42.12 	Sec. 48. REVISOR'S INSTRUCTION.
 42.13 	The revisor of statutes must renumber the sections in
42.14 	Minnesota Statutes listed in column A as indicated in column B
42.15 	and correct cross-references to those sections throughout
42.16 	Minnesota Statutes and Minnesota Rules.
42.17 	A B
42.18 	518.002517A.02, subd. 5
42.19 	518.003517A.01
42.20 	518.005517A.02
42.21 	518.01517A.07
42.22 	518.02517A.08
42.23 	518.03517A.09
42.24 	518.04517A.10
42.25 	518.05517A.11
42.26 	518.055517A.12
42.27 	518.06517A.15
42.28 	518.07517A.16
42.29 	518.09517A.18
42.30 	518.091517A.19
42.31 	518.10517A.20
42.32 	518.11517A.22
42.33 	518.12517A.23
42.34 	518.13517A.24
42.35 	518.131517A.03
42.36 	518.14, subd. 1 517A.04
43.1 	518.145517A.28
43.2 	518.146517A.21
43.3 	518.148517A.26
43.4 	518.191517A.27
43.5 	518.195517A.17
43.6 	518.25517A.30
43.7 	518.27517A.25
43.8 	518.54, subd. 1 517A.31, subd. 1
43.9 	518.54, subd. 2a 517A.31, subd. 2
43.10 	518.54, subd. 2b 517A.31, subd. 3
43.11 	518.54, subd. 3 517A.31, subd. 4
43.12 	518.54, subd. 4 517A.31, subd. 5
43.13 	518.54, subd. 5 517A.31, subd. 6
43.14 	518.54, subd. 6 517A.31, subd. 7
43.15 	518.54, subd. 7 517A.31, subd. 8
43.16 	518.54, subd. 8 517A.31, subd. 9
43.17 	518.54, subd. 9 517A.31, subd. 10
43.18 	518.54, subd. 10 517A.31, subd. 11
43.19 	518.54, subd. 11 517A.31, subd. 12
43.20 	518.54, subd. 12 517A.31, subd. 13
43.21 	518.55, subd. 1 517A.32, subd. 4
43.22 	518.55, subd. 3 517A.32, subd. 5
43.23 	518.552, subd. 1 517A.32, subd. 1
43.24 	518.552, subd. 2 517A.32, subd. 2
43.25 	518.552, subd. 3 517A.32, subd. 3
43.26 	518.552, subd. 4 517A.32, subd. 6
43.27 	518.552, subd. 5 517A.32, subd. 7
43.28 	518.58517A.37
43.29 	518.581517A.39
43.30 	518.582517A.40
43.31 	518.63517A.41
43.32 	518.64, subd. 1 517A.34, subd. 1
43.33 	518.64, subd. 2 517A.34, subd. 2
43.34 	518.64, subd. 3 517A.32, subd. 8
43.35 	518.641, subd. 1 517A.33, subd. 1
43.36 	518.641, subd. 2 517A.33, subd. 2
44.1 	518.641, subd. 2a 517A.33, subd. 3
44.2 	518.641, subd. 3 517A.43, subd. 4
44.3 	518.642517A.35
44.4 	518.646517A.05
44.5 	518.65517A.38 

44.6 	Sec. 49. REPEALER.
 44.7 	Minnesota Statutes 2004, sections 518.14, subdivision 2;
44.8 	518.24; 518.55, subdivision 4; 518.62; 518.64, subdivisions 4,
44.9 	4a, and 5; and 518.68, are repealed.

44.10 	ARTICLE 2
44.11 	CUSTODY, PARENTING TIME, AND VISITATION
44.12 	GENERAL

44.13 	Section 1. [517B.01] DEFINITIONS.
44.14 		Subdivision 1.Scope. The definitions in this section
44.15 	apply to this chapter.

44.16 	Sec. 2. [517B.03] TEMPORARY ORDERS RELATING TO CUSTODY
44.17 	AND PARENTING TIME.
44.18 	(a) A temporary order for custody or parenting time may be
44.19 	sought under section 517A.03.
44.20 	(b) A party seeking a temporary custody order must submit
44.21 	with moving papers an affidavit setting forth facts supporting
44.22 	the requested order.  The party must give notice and a copy of
44.23 	the affidavit to other parties to the proceeding, who may file
44.24 	opposing affidavits.

44.25 	Sec. 3. [517B.04] CUSTODY, PARENTING TIME, AND VISITATION
44.26 	NOTICES.
44.27 	A court order or judgment and decree concerning custody of
44.28 	or parenting time with a minor child must contain the notice set
44.29 	out in section 517C.99, subdivision 3.

44.30 	Sec. 4. [517B.05] ATTORNEY FEES, COSTS, AND
44.31 	DISBURSEMENTS.
44.32 	Attorney fees, costs, and disbursements must be awarded in
44.33 	a proceeding under this chapter as provided by section 517A.04.

44.34 	Sec. 5. [517B.17] CUSTODY OF CHILDREN.
44.35 		Subdivision 1.Custody order. Upon adjudging the nullity
44.36 	of a marriage, in a dissolution or legal separation proceeding,
45.1 	or in a child custody proceeding, the court must make a further
45.2 	order as it deems just and proper concerning:
45.3 	(1) the legal custody of each minor child of the parties,
45.4 	which must be sole or joint; and 
45.5 	(2) their physical custody and residence.
45.6 		Subd. 2.Standard; preference prohibited. In determining
45.7 	custody, the court must consider the best interests of the child
45.8 	and must not prefer one parent over the other solely on the
45.9 	basis of the sex of the parent.
45.10 		Subd. 3.The best interests of the child; factors. "The
45.11 	best interests of the child" means all relevant factors to be
45.12 	considered and evaluated by the court including:
45.13 	(1) the wishes of the child's parent or parents as to
45.14 	custody;
45.15 	(2) the reasonable preference of the child, if the court
45.16 	deems the child to be of sufficient age to express a preference;
45.17 	(3) the child's primary caretaker;
45.18 	(4) the intimacy of the relationship between each parent
45.19 	and the child;
45.20 	(5) the interaction and interrelationship of the child with
45.21 	a parent or parents, siblings, and any other person who may
45.22 	significantly affect the child's best interests;
45.23 	(6) the child's adjustment to home, school, and community;
45.24 	(7) the length of time the child has lived in a stable,
45.25 	satisfactory environment and the desirability of maintaining
45.26 	continuity;
45.27 	(8) the permanence, as a family unit, of the existing or
45.28 	proposed home;
45.29 	(9) the mental and physical health of all individuals
45.30 	involved; except that a disability, as defined in section
45.31 	363.01, of a parent or the child is not determinative of the
45.32 	custody of the child, unless the proposed custodial arrangement
45.33 	is not in the best interest of the child;
45.34 	(10) the capacity and disposition of the parties to give
45.35 	the child love, affection, and guidance, and to continue
45.36 	educating and raising the child in the child's culture and
46.1 	religion or creed, if any;
46.2 	(11) the child's cultural background;
46.3 	(12) the effect on the child of the actions of an abuser,
46.4 	if related to domestic abuse, as defined in section 518B.01,
46.5 	that has occurred between the parents or between a parent and
46.6 	another individual, whether or not the individual alleged to
46.7 	have committed domestic abuse is or ever was a family or
46.8 	household member of the parent;
46.9 	(13) except in cases in which a finding of domestic abuse
46.10 	as defined in section 518B.01 has been made, the disposition of
46.11 	each parent to encourage and permit frequent and continuing
46.12 	contact by the other parent with the child; and 
46.13 	(14) evidence of a violation of section 609.507.
46.14 		Subd. 4.Best interests determination. The court must
46.15 	make detailed findings on each of the factors in subdivision 3
46.16 	and explain how the factors led to its conclusion and to the
46.17 	determination of the best interests of the child.  In
46.18 	determining the best interests of a child, the court may not use
46.19 	one factor in subdivision 3 to the exclusion of all others.  The
46.20 	primary caretaker factor may not be used as a presumption in
46.21 	determining the best interests of the child.  The court shall
46.22 	not consider conduct of a parent that does not affect the
46.23 	parent's relationship to the child.

46.24 	Sec. 6. [517B.18] JOINT CUSTODY.
46.25 		Subdivision 1.Factors when joint custody is sought. In
46.26 	addition to the factors listed in section 517B.17, if either
46.27 	joint legal or joint physical custody is sought, the court must
46.28 	consider the following relevant factors:
46.29 	(1) the ability of parents to cooperate in the rearing of
46.30 	their child;
46.31 	(2) methods for resolving disputes regarding any major
46.32 	decision concerning the life of the child, and the parents'
46.33 	willingness to use those methods;
46.34 	(3) whether it would be detrimental to the child if one
46.35 	parent were to have sole authority over the child's upbringing;
46.36 	and 
47.1 	(4) whether domestic abuse, as defined in section 518B.01,
47.2 	has occurred between the parents.
47.3 		Subd. 2.Presumptions; findings. (a) The court must use
47.4 	a rebuttable presumption that upon request of either or both
47.5 	parents, joint legal custody is in the best interests of the
47.6 	child.  However, the court must use a rebuttable presumption
47.7 	that joint legal or physical custody is not in the best
47.8 	interests of the child if domestic abuse, as defined in section
47.9 	518B.01, has occurred between the parents.
47.10 	(b) If the court awards joint legal or physical custody
47.11 	over the objection of a parent, the court must make detailed
47.12 	findings on each of the factors in this section and explain how
47.13 	the factors led to its determination that joint custody would be
47.14 	in the best interests of the child.
47.15 		Subd. 3.Joint custody; support guidelines. An award of
47.16 	joint legal custody is not a reason for departure from the child
47.17 	support guidelines in sections 517C.12 to 517C.16.

47.18 	Sec. 7. [517B.19] CUSTODY; ACCESS RIGHTS OF PARENTS;
47.19 	LIMITATIONS.
47.20 		Subdivision 1.Access; limitations. (a) Whether sole or
47.21 	joint legal custody is ordered, the court must grant the
47.22 	following rights to each of the parties, unless specific
47.23 	findings are made under section 517C.99, subdivision 1.  Each
47.24 	party:
47.25 	(1) has the right of access to, and to receive copies of, a
47.26 	minor child's school, medical, dental, religious training, and
47.27 	other important records and information;
47.28 	(2) has the right of access to information regarding health
47.29 	or dental insurance available to a minor child;
47.30 	(3) must keep the other party informed as to the name and
47.31 	address of the school a minor child attends;
47.32 	(4) must notify the other party of any accident or serious
47.33 	illness of a minor child, the name of the health care provider,
47.34 	and the place of treatment; and 
47.35 	(5) has the right to reasonable access and telephone
47.36 	contact with a minor child.
48.1 	(b) Each party has the right to be informed by school
48.2 	officials about a child's welfare, educational progress and
48.3 	status, and to attend school and parent-teacher conferences.
48.4 	The school is not required to hold a separate conference for
48.5 	each party.
48.6 	(c) The court may waive any of the rights under this
48.7 	subdivision if it finds it is necessary to protect the welfare
48.8 	of a party or child.

48.9 	Sec. 8. Minnesota Statutes 2004, section 518.003,
48.10 	subdivision 3, is amended to read:
48.11 		Subd. 3.Custody.  Unless otherwise agreed by the parties:
48.12 	(a) "Legal custody" means the right to determine the
48.13 	child's upbringing, including education, health care, and
48.14 	religious training.
48.15 	(b) "Joint legal custody" means that both parents have
48.16 	equal rights and responsibilities, including the right to
48.17 	participate in major decisions determining the child's
48.18 	upbringing, including education, health care, and religious
48.19 	training.
48.20 	(c) "Physical custody and residence" means the routine
48.21 	daily care and control and the residence of the child.
48.22 	(d) "Joint physical custody" means that the routine daily
48.23 	care and control and the residence of the child is structured
48.24 	between the parties.
48.25 	(e) ~~Wherever used in this chapter, the term~~ "Custodial
48.26 	parent" or "custodian" means the person who has the physical
48.27 	custody of the child at any particular time.
48.28 	(f) "Custody determination" means a court decision and
48.29 	court orders and instructions providing for the custody of a
48.30 	child, including parenting time, but does not include a decision
48.31 	relating to child support or any other monetary obligation of
48.32 	any person.
48.33 	(g) "Custody proceeding" includes proceedings in which a
48.34 	custody determination is one of several issues, such as an
48.35 	action for dissolution, divorce, or separation, and includes
48.36 	proceedings involving children who are in need of protection or
49.1 	services, domestic abuse, and paternity.

49.2 	Sec. 9. Minnesota Statutes 2004, section 518.155, is
49.3 	amended to read:
49.4 	518.155 CUSTODY ~~DETERMINATIONS~~ AND PARENTING TIME
49.5 	JURISDICTION.
49.6 	Notwithstanding any law to the contrary, a court in which a
49.7 	proceeding for dissolution, legal separation, or child custody
49.8 	has been commenced ~~shall~~ must not issue, revise, modify or amend
49.9 	any order, pursuant to ~~sections 518.131, 518.165, 518.168,~~
49.10 	~~518.17, 518.175 or 518.18, which~~ section 517B.03, 517B.08,
49.11 	517B.16, 517B.21, or 517B.25, that affects the custody of a
49.12 	minor child or the parenting time of a parent unless the court
49.13 	has jurisdiction over the matter ~~pursuant to the provisions of~~ 
49.14 	under chapter 518D.

49.15 	Sec. 10. Minnesota Statutes 2004, section 518.156, is
49.16 	amended to read:
49.17 	518.156 COMMENCEMENT OF CUSTODY PROCEEDING.
49.18 		Subdivision 1.Procedure. In a court of this state ~~which~~ 
49.19 	that has jurisdiction to decide child custody matters, a child
49.20 	custody proceeding is commenced by a parent:
49.21 	(1) by filing a petition for dissolution or legal
49.22 	separation; or
49.23 	(2) ~~where~~ if a decree of dissolution or legal separation
49.24 	has been entered or where none is sought, or ~~when~~ if paternity
49.25 	has been recognized under section 257.75, by filing a petition
49.26 	or motion seeking custody or parenting time with the child in
49.27 	the county where the child is permanently resident or where the
49.28 	child is found or where an earlier order for custody of the
49.29 	child has been entered.
49.30 		Subd. 2.Required notice. Written notice of a child
49.31 	custody or parenting time or visitation proceeding ~~shall~~ must be
49.32 	given to the child's parent, guardian, and custodian, who may
49.33 	appear and be heard and may file a responsive pleading.  The
49.34 	court may, upon a showing of good cause, permit the intervention
49.35 	of other interested parties.

49.36 	Sec. 11. Minnesota Statutes 2004, section 518.157,
50.1 	subdivision 1, is amended to read:
50.2 		Subdivision 1.Implementation; administration. ~~By~~
50.3 	~~January 1, 1998,~~The chief judge of each judicial district or a
50.4 	designee ~~shall~~ must implement one or more parent education
50.5 	programs within the judicial district for the purpose of
50.6 	educating parents about the impact that divorce, the
50.7 	restructuring of families, and judicial proceedings have upon
50.8 	children and families; methods for preventing parenting time
50.9 	conflicts; and dispute resolution options.  The chief judge of
50.10 	each judicial district or a designee may require that children
50.11 	attend a separate education program designed to deal with the
50.12 	impact of divorce upon children as part of the parent education
50.13 	program.  Each parent education program must enable persons to
50.14 	have timely and reasonable access to education sessions.

50.15 	Sec. 12. Minnesota Statutes 2004, section 518.157,
50.16 	subdivision 2, is amended to read:
50.17 		Subd. 2.Minimum standards; plan.  The Minnesota Supreme
50.18 	Court should promulgate minimum standards for the implementation
50.19 	and administration of a parent education program.  The chief
50.20 	judge of each judicial district or a designee ~~shall~~ must submit
50.21 	a plan to the Minnesota conference of chief judges for their
50.22 	approval that is designed to implement and administer a parent
50.23 	education program in the judicial district.  The plan must be
50.24 	consistent with the minimum standards promulgated by the
50.25 	Minnesota Supreme Court.

50.26 	Sec. 13. Minnesota Statutes 2004, section 518.157,
50.27 	subdivision 3, is amended to read:
50.28 		Subd. 3.Attendance.  In a proceeding under this chapter
50.29 	where custody or parenting time is contested, the parents of a
50.30 	minor child ~~shall~~ must attend a minimum of eight hours in an
50.31 	orientation and education program that meets the minimum
50.32 	standards promulgated by the Minnesota Supreme Court.  In all
50.33 	other proceedings involving custody, support, or parenting time
50.34 	the court may order the parents of a minor child to attend a
50.35 	parent education program.  The program ~~shall~~ must provide the
50.36 	court with names of persons who fail to attend the parent
51.1 	education program as ordered by the court.  Persons who are
51.2 	separated or contemplating involvement in a dissolution,
51.3 	paternity, custody, or parenting time proceeding may attend a
51.4 	parent education program without a court order.  Unless
51.5 	otherwise ordered by the court, participation in a parent
51.6 	education program must begin within 30 days after the first
51.7 	filing with the court or as soon as practicable after that time
51.8 	based on the reasonable availability of classes for the program
51.9 	for the parent.  Parent education programs must offer an
51.10 	opportunity to participate at all phases of a pending or
51.11 	postdecree proceeding.  Upon request of a party and a showing of
51.12 	good cause, the court may excuse the party from attending the
51.13 	program.  If past or present domestic abuse, as defined in
51.14 	chapter 518B, is alleged, the court ~~shall~~ must not require the
51.15 	parties to attend the same parent education sessions and ~~shall~~ 
51.16 	must enter an order setting forth the manner in which the
51.17 	parties may safely participate in the program.

51.18 	Sec. 14. Minnesota Statutes 2004, section 518.157,
51.19 	subdivision 5, is amended to read:
51.20 		Subd. 5.Confidentiality.  Unless all parties agree in
51.21 	writing, statements made by a party during participation in a
51.22 	parent education program are inadmissible as evidence for any
51.23 	purpose, including impeachment.  No record may be made regarding
51.24 	a party's participation in a parent education program, except a
51.25 	record of attendance at and completion of the program as
51.26 	required under this section.  Instructors ~~shall~~ must not
51.27 	disclose information regarding an individual participant
51.28 	obtained as a result of participation in a parent education
51.29 	program.  Parent education instructors may not be subpoenaed or
51.30 	called as witnesses in court proceedings.

51.31 	Sec. 15. Minnesota Statutes 2004, section 518.157,
51.32 	subdivision 6, is amended to read:
51.33 		Subd. 6.Fee.  Except as provided in this subdivision,
51.34 	each person who attends a parent education program ~~shall~~ must 
51.35 	pay a fee to defray the cost of the program.  A party who
51.36 	qualifies for waiver of filing fees under section 563.01 is
52.1 	exempt from paying the parent education program fee,and the
52.2 	court ~~shall~~ must waive the fee or direct its payment under
52.3 	section 563.01.  Program providers shall implement a sliding fee
52.4 	scale.

52.5 	Sec. 16. Minnesota Statutes 2004, section 518.165, is
52.6 	amended to read:
52.7 	518.165 GUARDIANS FOR MINOR CHILDREN.
52.8 		Subdivision 1.Permissive appointment of guardian ad
52.9 	litem. In all proceedings for child custody or for dissolution
52.10 	or legal separation where custody or parenting time with a minor
52.11 	child is in issue, the court may appoint a guardian ad litem
52.12 	from a panel established by the court to represent the interests
52.13 	of the child.  The guardian ad litem ~~shall~~ must advise the court
52.14 	with respect to custody, support, and parenting time.
52.15 		Subd. 2.Required appointment of guardian ad litem. The
52.16 	court must appoint a guardian ad litem in all proceedings for
52.17 	child custody or for marriage dissolution or legal separation in
52.18 	which custody or parenting time with a minor child is an issue,
52.19 	if the court has reason to believe that the minor child is a
52.20 	victim of domestic child abuse or neglect, as those terms are
52.21 	defined in sections 260C.007 and 626.556, respectively~~, the~~
52.22 	~~court shall appoint a guardian ad litem~~.  The guardian ad litem
52.23 	shall represent the interests of the child and advise the court
52.24 	with respect to custody, support, and parenting time.  If the
52.25 	child is represented by a guardian ad litem in any other pending
52.26 	proceeding, the court may appoint that guardian to represent the
52.27 	child in the custody or parenting time proceeding.  No guardian
52.28 	ad litem need be appointed if the alleged domestic child abuse
52.29 	or neglect is before the court on a juvenile dependency and
52.30 	neglect petition.  Nothing in this subdivision requires the
52.31 	court to appoint a guardian ad litem in any proceeding for child
52.32 	custody, marriage dissolution, or legal separation in which an
52.33 	allegation of domestic child abuse or neglect has not been made.
52.34 		Subd. 2a.Responsibilities of guardian ad litem. A
52.35 	guardian ad litem ~~shall~~ must carry out the following
52.36 	responsibilities:
53.1 	(1) conduct an independent investigation to determine the
53.2 	facts relevant to the situation of the child and the family,
53.3 	which must include, unless specifically excluded by the court,
53.4 	reviewing relevant documents; meeting with and observing the
53.5 	child in the home setting and considering the child's wishes, as
53.6 	appropriate; and interviewing parents, caregivers, and others
53.7 	with knowledge relevant to the case;
53.8 	(2) advocate for the child's best interests by
53.9 	participating in appropriate aspects of the case and advocating
53.10 	for appropriate community services when necessary;
53.11 	(3) maintain the confidentiality of information related to
53.12 	a case, with the exception of sharing information as permitted
53.13 	by law to promote cooperative solutions that are in the best
53.14 	interests of the child;
53.15 	(4) monitor the child's best interests throughout the
53.16 	judicial proceeding; and
53.17 	(5) present written reports on the child's best interests
53.18 	that include conclusions and recommendations and the facts upon
53.19 	which they are based.
53.20 		Subd. 3.Fees. (a) A guardian ad litem appointed under
53.21 	either subdivision 1 or 2 may be appointed either as a volunteer
53.22 	or on a fee basis.  If a guardian ad litem is appointed on a fee
53.23 	basis, the court ~~shall~~ must enter an order for costs, fees, and
53.24 	disbursements in favor of the child's guardian ad litem.  The
53.25 	order may be made against either or both parties, except that
53.26 	any part of the costs, fees, or disbursements which the court
53.27 	finds the parties are incapable of paying ~~shall~~ must be borne by
53.28 	the state courts.  The costs of court-appointed counsel to the
53.29 	guardian ad litem ~~shall~~ must be paid by the county in which the
53.30 	proceeding is being held if a party is incapable of paying for
53.31 	them.  Until the recommendations of the task force created in
53.32 	Laws 1999, chapter 216, article 7, section 42, are implemented,
53.33 	the costs of court-appointed counsel to a guardian ad litem in
53.34 	the Eighth Judicial District ~~shall~~ must be paid by the state
53.35 	courts if a party is incapable of paying for them.  In no event
53.36 	may the court order that costs, fees, or disbursements be paid
54.1 	by a party receiving public assistance or legal assistance or by
54.2 	a party whose annual income falls below the poverty line as
54.3 	established under United States Code, title 42, section 9902(2).
54.4 	(b) In each fiscal year, the commissioner of finance ~~shall~~ 
54.5 	must deposit guardian ad litem reimbursements in the general
54.6 	fund and credit them to a separate account with the trial
54.7 	courts.  The balance of this account is appropriated to the
54.8 	trial courts and does not cancel but is available until
54.9 	expended.  Expenditures by the state court administrator's
54.10 	office from this account must be based on the amount of the
54.11 	guardian ad litem reimbursements received by the state from the
54.12 	courts in each judicial district.

54.13 	Sec. 17. Minnesota Statutes 2004, section 518.166, is
54.14 	amended to read:
54.15 	518.166 INTERVIEWS; RECOMMENDATIONS.
54.16 	The court may interview the child in chambers to ascertain
54.17 	the child's reasonable preference ~~as to custodian~~ regarding with
54.18 	which parent the child would reside, if the court deems the
54.19 	child to be of sufficient age to express preference.  The
54.20 	court ~~shall~~ must permit counsel to be present at the interview
54.21 	and ~~shall~~ must permit counsel to propound reasonable questions
54.22 	to the child either directly or through the court.  The
54.23 	court ~~shall~~ must cause a record of the interview to be made and
54.24 	to be made part of the record in the case unless waived by the
54.25 	parties.
54.26 	In contested custody proceedings, and in other custody
54.27 	proceedings if a parent or the child's custodian requests, the
54.28 	court may seek the recommendations of professional personnel
54.29 	whether or not they are employed on a regular basis by the
54.30 	court.  The recommendations ~~given shall~~ must be in writing and
54.31 	~~shall~~ must be made available by the court to counsel upon
54.32 	request.  Counsel may call for cross-examination of professional
54.33 	personnel consulted by the court.

54.34 	Sec. 18. Minnesota Statutes 2004, section 518.167,
54.35 	subdivision 3, is amended to read:
54.36 		Subd. 3.Availability to counsel.  The court ~~shall~~ must 
55.1 	mail the investigator's report to counsel and to any party not
55.2 	represented by counsel at least ten days before the hearing.
55.3 	The investigator ~~shall~~ must maintain and, upon request, make
55.4 	available to counsel and to a party not represented by counsel
55.5 	the investigator's file of underlying data and reports, complete
55.6 	texts of diagnostic reports made to the investigator pursuant to
55.7 	the provisions of subdivision 2, and the names and addresses of
55.8 	all persons whom the investigator has consulted. ~~The~~
55.9 	~~investigator and any person the investigator has consulted is~~
55.10 	~~subject to other pretrial discovery in accordance with the~~
55.11 	~~requirements of the Minnesota Rules of Civil Procedure.~~
55.12 	~~Mediation proceedings are not subject to discovery without~~
55.13 	~~written consent of both parties.  A party to the proceeding may~~
55.14 	~~call the investigator and any person whom the investigator has~~
55.15 	~~consulted for cross-examination at the hearing.  A party may not~~
55.16 	~~waive the right of cross-examination before the hearing.~~

55.17 	Sec. 19. Minnesota Statutes 2004, section 518.167,
55.18 	subdivision 4, is amended to read:
55.19 		Subd. 4.~~use at~~ discovery;hearing. The investigator and
55.20 	any person the investigator has consulted is subject to other
55.21 	pretrial discovery in accordance with the requirements of the
55.22 	Minnesota Rules of Civil Procedure.  Mediation proceedings are
55.23 	not subject to discovery without written consent of both
55.24 	parties.  A party to the proceeding may cross-examine at the
55.25 	hearing the investigator and any person whom the investigator
55.26 	has consulted for cross-examination.  A party may not waive the
55.27 	right of cross-examination before the hearing.The
55.28 	investigator's report may be received in evidence at the hearing.

55.29 	Sec. 20. Minnesota Statutes 2004, section 518.167,
55.30 	subdivision 5, is amended to read:
55.31 		Subd. 5.Costs.  The court ~~shall~~ must order all or part
55.32 	of the cost of the investigation and report to be paid by either
55.33 	or both parties, based on their ability to pay.  Any part of the
55.34 	cost that the court finds the parties are incapable of paying
55.35 	must be borne by the ~~county welfare~~ local social services agency
55.36 	or department of court services that performs the
56.1 	investigation.  The court may not order costs under this
56.2 	subdivision to be paid by a party receiving public assistance or
56.3 	legal assistance from a qualified legal services program or by a
56.4 	party whose annual income falls below the poverty line under
56.5 	United States Code, title 42, section 9902(2).

56.6 	Sec. 21. Minnesota Statutes 2004, section 518.168, is
56.7 	amended to read:
56.8 	518.168 HEARINGS.
56.9 	(a) Custody proceedings ~~shall~~ must receive priority in
56.10 	being set for hearing.
56.11 	(b) The court may tax as costs the payment of necessary
56.12 	travel and other expenses incurred by a person whose presence at
56.13 	the hearing the court deems necessary to determine the best
56.14 	interests of the child.
56.15 	(c) The court without a jury ~~shall~~ must determine questions
56.16 	of law and fact.  If it finds that a public hearing may be
56.17 	detrimental to the child's best interests, the court may exclude
56.18 	the public from a custody hearing, but may admit any person who
56.19 	has a direct interest in the particular case.
56.20 	(d) If the court finds it necessary for the protection of
56.21 	the child's welfare that the record of an interview, report,
56.22 	investigation, or testimony in a custody proceeding not be ~~kept~~
56.23 	~~secret~~ disclosed, the court may make an appropriate order
56.24 	sealing the record.

56.25 	Sec. 22. Minnesota Statutes 2004, section 518.1705,
56.26 	subdivision 2, is amended to read:
56.27 		Subd. 2.Plan elements.  (a) A parenting plan must
56.28 	include the following:
56.29 	(1) a schedule of the time each parent spends with the
56.30 	child;
56.31 	(2) a designation of decision-making responsibilities
56.32 	regarding the child; and
56.33 	(3) a method of dispute resolution.
56.34 	(b) A parenting plan may include other issues and matters
56.35 	the parents agree to regarding the child.
56.36 	(c) Parents voluntarily agreeing to parenting plans may
57.1 	substitute other terms for physical and legal custody, including
57.2 	designations of joint or sole custody, ~~provided that~~ if the
57.3 	terms used in the substitution are defined in the parenting plan.

57.4 	Sec. 23. Minnesota Statutes 2004, section 518.1705,
57.5 	subdivision 6, is amended to read:
57.6 		Subd. 6.Restrictions on preparation and content of
57.7 	parenting plan.  (a) Dispute resolution processes other than the
57.8 	judicial process may not be required in the preparation of a
57.9 	parenting plan if a parent is alleged to have committed domestic
57.10 	abuse toward a parent or child who is a party to, or subject of,
57.11 	the matter before the court.  In these cases, the court ~~shall~~ 
57.12 	must consider the appointment of a guardian ad litem and a
57.13 	parenting plan evaluator.
57.14 	(b) The court may not require a parenting plan that
57.15 	provides for joint legal custody or use of dispute resolution
57.16 	processes~~,~~other than the judicial process~~,~~if the court finds
57.17 	that section 518.179 applies,or the court finds that either
57.18 	parent has engaged in the following toward a parent or child who
57.19 	is a party to, or subject of, the matter before the court:
57.20 	(1) acts of domestic abuse, including physical harm, bodily
57.21 	injury, and infliction of fear of physical harm, assault,
57.22 	terroristic threats, or criminal sexual conduct;
57.23 	(2) physical, sexual, or a pattern of emotional abuse of a
57.24 	child; or
57.25 	(3) willful abandonment that continues for an extended
57.26 	period of time or substantial refusal to perform parenting
57.27 	functions.

57.28 	Sec. 24. Minnesota Statutes 2004, section 518.1705,
57.29 	subdivision 7, is amended to read:
57.30 		Subd. 7.Moving the child to another state.  Parents may
57.31 	agree, but the court must not require, that in a parenting plan
57.32 	the factors in section 518.17 or 257.025, as applicable, will
57.33 	govern a decision concerning removal of a child's residence from
57.34 	this state, ~~provided that~~ if:
57.35 	(1) both parents were represented by counsel when the
57.36 	parenting plan was approved; or
58.1 	(2) the court found the parents were fully informed, the
58.2 	agreement was voluntary, and the parents were aware of its
58.3 	implications.

58.4 	Sec. 25. Minnesota Statutes 2004, section 518.1705,
58.5 	subdivision 8, is amended to read:
58.6 		Subd. 8.Allocation of certain expenses.  (a) Parents
58.7 	creating a parenting plan are subject to the requirements of the
58.8 	child support guidelines under ~~section 518.551~~sections 517C.12
58.9 	to 517C.18.
58.10 	(b) Parents may include in the parenting plan an allocation
58.11 	of expenses for the child.  The allocation is an enforceable
58.12 	contract between the parents.

58.13 	Sec. 26. Minnesota Statutes 2002, section 518.1705,
58.14 	subdivision 9, is amended to read:
58.15 		Subd. 9.Modification of parenting plans.  (a) Parents
58.16 	may modify the schedule of the time each parent spends with the
58.17 	child or the decision-making provisions of a parenting plan by
58.18 	agreement.  To be enforceable, modifications must be confirmed
58.19 	by court order.  A motion to modify decision-making provisions
58.20 	or the time each parent spends with the child may be made only
58.21 	within the time limits provided by section 518.18.
58.22 	(b) The parties may agree, but the court must not require
58.23 	them, to apply the best interests standard in section 518.17 or
58.24 	257.025, as applicable, for deciding a motion for modification
58.25 	that would change the child's primary residence, ~~provided that~~ 
58.26 	if:
58.27 	(1) both parties were represented by counsel when the
58.28 	parenting plan was approved; or
58.29 	(2) the court found the parties were fully informed, the
58.30 	agreement was voluntary, and the parties were aware of its
58.31 	implications.
58.32 	(c) If the parties do not agree to apply the best interests
58.33 	standard, section 518.18, paragraph (d), applies.

58.34 	Sec. 27. Minnesota Statutes 2004, section 518.175, is
58.35 	amended to read:
58.36 	518.175 PARENTING TIME.
59.1 		Subdivision 1.General. (a) In all proceedings for
59.2 	dissolution or legal separation, subsequent to the commencement
59.3 	of the proceeding and continuing thereafter during the minority
59.4 	of the child, the court ~~shall~~ must, upon the request of either
59.5 	parent, grant ~~such~~ parenting time on behalf of the child and a
59.6 	parent ~~as~~ that will enable the child and the parent to maintain
59.7 	a child to parent relationship that will be in the best
59.8 	interests of the child.
59.9 	(b) If the court finds, after a hearing, that parenting
59.10 	time with a parent is likely to endanger the child's physical or
59.11 	emotional health or impair the child's emotional development,
59.12 	the court ~~shall~~ must restrict parenting time with that parent as
59.13 	to time, place, duration, or supervision and may deny parenting
59.14 	time entirely, as the circumstances warrant.  The court ~~shall~~ 
59.15 	must consider the age of the child and the child's relationship
59.16 	with the parent ~~prior to~~ before the commencement of the
59.17 	proceeding.
59.18 	(c) A parent's failure to pay support because of the
59.19 	parent's inability to do so ~~shall~~ is not ~~be~~ sufficient cause for
59.20 	denial of parenting time.
59.21 	~~(b)~~ (d) The court may provide that a law enforcement
59.22 	officer or other appropriate person will accompany a party
59.23 	seeking to enforce or comply with parenting time.
59.24 	~~(c)~~ (e) Upon request of either party, to the extent
59.25 	practicable an order for parenting time must include a specific
59.26 	schedule for parenting time, including the frequency and
59.27 	duration of visitation and visitation during holidays and
59.28 	vacations, unless parenting time is restricted, denied, or
59.29 	reserved.
59.30 	~~(d)~~ (f) The court administrator ~~shall~~ must provide a form
59.31 	for a pro se motion regarding parenting time disputes,
59.32 	which ~~includes~~ must include provisions for indicating the relief
59.33 	requested, an affidavit in which the party may state the facts
59.34 	of the dispute, and a brief description of the parenting time
59.35 	expeditor process under section 518.1751.  The form may not
59.36 	include a request for a change of custody.  The court ~~shall~~ must 
60.1 	provide instructions on serving and filing the motion.
60.2 		Subd. 1a.Domestic abuse; supervised parenting time. (a)
60.3 	If a parent requests supervised parenting time under subdivision
60.4 	1 or 5 and an order for protection under chapter 518B or a
60.5 	similar law of another state is in effect against the other
60.6 	parent to protect the child or the parent with whom the child
60.7 	resides ~~or the child~~, the judge or judicial officer must
60.8 	consider the order for protection in making a decision regarding
60.9 	parenting time.
60.10 	(b) The state court administrator, in consultation with
60.11 	representatives of parents and other interested persons, ~~shall~~ 
60.12 	must develop standards to be met by persons who are responsible
60.13 	for supervising parenting time.  Either parent may challenge the
60.14 	appropriateness of an individual chosen by the court to
60.15 	supervise parenting time.
60.16 		Subd. 2.Rights of children and parents. Upon the
60.17 	request of either parent, the court may inform any child of the
60.18 	parties, if eight years of age or older, or otherwise of an age
60.19 	of suitable comprehension, of the rights of the child and each
60.20 	parent under the order or decree or any substantial amendment
60.21 	~~thereof~~ of it.  The parent with whom the child resides ~~shall~~ 
60.22 	must present the child for parenting time with the other parent,
60.23 	at ~~such~~ the times ~~as~~ the court directs.
60.24 		Subd. 3.Move to another state. The parent with whom the
60.25 	child resides ~~shall~~ must not move the child's residence ~~of the~~
60.26 	~~child~~ to another state except upon order of the court or with
60.27 	the consent of the other parent, if the other parent has been
60.28 	given parenting time by the decree.  If the purpose of the move
60.29 	is to interfere with parenting time given to the other parent by
60.30 	the decree, the court ~~shall~~ must not permit the child's
60.31 	residence to be moved to another state.
60.32 		Subd. 5.Modification of parenting plan or order for
60.33 	parenting time. (a) If modification would serve the best
60.34 	interests of the child, the court ~~shall~~ must modify the
60.35 	decision-making provisions of a parenting plan or an order
60.36 	granting or denying parenting time, if the modification would
61.1 	not change the child's primary residence.  Except as provided in
61.2 	section 631.52, the court may not restrict parenting time unless
61.3 	it finds that:
61.4 	(1) parenting time is likely to endanger the child's
61.5 	physical or emotional health or impair the child's emotional
61.6 	development; or
61.7 	(2) the parent has chronically and unreasonably failed to
61.8 	comply with court-ordered parenting time.
61.9 	(b) If a parent makes specific allegations that parenting
61.10 	time by the other parent places the parent or child in danger of
61.11 	harm, the court ~~shall~~ must hold a hearing at the earliest
61.12 	possible time to determine the need to modify the order granting
61.13 	parenting time.  Consistent with subdivision ~~1a~~ 2, the court may
61.14 	require a third party, including the local social services
61.15 	agency, to supervise the parenting time or may restrict a
61.16 	parent's parenting time if necessary to protect the other parent
61.17 	or child from harm.  If there is an existing order for
61.18 	protection governing the parties, the court ~~shall~~ must consider
61.19 	the use of an independent, neutral exchange location for
61.20 	parenting time.
61.21 		Subd. 6.Remedies. (a) The court may provide for one or
61.22 	more of the following remedies for denial of or interference
61.23 	with court-ordered parenting time as provided under this
61.24 	subdivision.  All parenting time orders must include notice of
61.25 	the provisions of this subdivision.
61.26 	(b) If the court finds that a ~~person~~ parent has been
61.27 	deprived of court-ordered parenting time, the court ~~shall~~ must 
61.28 	order the parent who ~~has interfered~~ caused the deprivation to
61.29 	allow compensatory parenting time to the other parent or the
61.30 	court ~~shall~~ must make specific findings as to why a request for
61.31 	compensatory parenting time is denied.  If compensatory
61.32 	parenting time is awarded, additional parenting time must be:
61.33 	(1) at least of the same type and duration as the deprived
61.34 	parenting time and, at the discretion of the court, may be in
61.35 	excess of or of a different type than the deprived parenting
61.36 	time;
62.1 	(2) taken within one year after the deprived parenting
62.2 	time; and
62.3 	(3) at a time acceptable to the parent deprived of
62.4 	parenting time.
62.5 	(c) If the court finds that a party has wrongfully failed
62.6 	to comply with a parenting time order or a binding agreement or
62.7 	decision under section 518.1751, the court may:
62.8 	(1) impose a civil penalty of up to $500 on the party;
62.9 	(2) require the party to post a bond with the court for a
62.10 	specified period of time to secure the party's compliance;
62.11 	(3) award reasonable attorney's fees and costs;
62.12 	(4) require the party who violated the parenting time order
62.13 	or binding agreement or decision of the parenting time expeditor
62.14 	to reimburse the other party for costs incurred as a result of
62.15 	the violation of the order ~~or~~ ,agreement,or decision; or
62.16 	(5) award any other remedy that the court finds to be in
62.17 	the best interests of the children involved.
62.18 	A civil penalty imposed under this paragraph must be
62.19 	deposited in the county general fund and must be used to fund
62.20 	the costs of a parenting time expeditor program in a county with
62.21 	this program.  In other counties, the civil penalty must be
62.22 	deposited in the state general fund.
62.23 	(d) If the court finds that a party has been denied
62.24 	parenting time and has incurred expenses in connection with the
62.25 	denied parenting time, the court may require the party who
62.26 	denied parenting time to post a bond in favor of the other party
62.27 	in the amount of prepaid expenses associated with upcoming
62.28 	planned parenting time.
62.29 	(e) Proof of an unwarranted denial of or interference with
62.30 	duly established parenting time may constitute contempt of court
62.31 	and may be sufficient cause for reversal of custody.
62.32 		Subd. 8.Additional parenting time for child care
62.33 	~~parent~~. The court may allow additional parenting time to a
62.34 	parent to provide child care while the other parent is working
62.35 	if this arrangement is reasonable and in the best interests of
62.36 	the child, as defined in section 518.17, subdivision 1.  In
63.1 	addition, the court ~~shall~~ must consider:
63.2 	(1) the ability of the parents to cooperate;
63.3 	(2) methods for resolving disputes regarding the care of
63.4 	the child, and the parents' willingness to use those methods;
63.5 	and
63.6 	(3) whether domestic abuse, as defined in section 518B.01,
63.7 	has occurred between the parties.

63.8 	Sec. 28. Minnesota Statutes 2004, section 518.1751,
63.9 	subdivision 1b, is amended to read:
63.10 		Subd. 1b.Purpose; definitions.  (a) The purpose of a
63.11 	parenting time expeditor is to resolve parenting time disputes
63.12 	by enforcing, interpreting, clarifying, and addressing
63.13 	circumstances not specifically addressed by an existing
63.14 	parenting time order and, if appropriate, to make a
63.15 	determination as to whether the existing parenting time order
63.16 	has been violated.  A parenting time expeditor may be appointed
63.17 	to resolve a onetime parenting time dispute or to provide
63.18 	ongoing parenting time dispute resolution services. A parenting
63.19 	time expeditor must attempt to resolve a parenting time dispute
63.20 	by facilitating negotiations between the parties to promote
63.21 	settlement.  If it becomes apparent that the dispute cannot be
63.22 	resolved by an agreement of the parties, the parenting time
63.23 	expeditor must make a decision resolving the dispute.
63.24 	(b) For purposes of this section, "parenting time dispute"
63.25 	means a disagreement among parties about parenting time with a
63.26 	child, including a dispute about an anticipated denial of future
63.27 	scheduled parenting time.  "Parenting time dispute" includes a
63.28 	claim by a parent that the other parent is not spending time
63.29 	with a child as well as a claim by a parent that the other
63.30 	parent is denying or interfering with parenting time.
63.31 	(c) A "parenting time expeditor" is a neutral person
63.32 	authorized to use a mediation-arbitration process to resolve
63.33 	parenting time disputes. ~~A parenting time expeditor shall~~
63.34 	~~attempt to resolve a parenting time dispute by facilitating~~
63.35 	~~negotiations between the parties to promote settlement and, if~~
63.36 	~~it becomes apparent that the dispute cannot be resolved by an~~
64.1 	~~agreement of the parties, the parenting time expeditor shall~~
64.2 	~~make a decision resolving the dispute.~~

64.3 	Sec. 29. Minnesota Statutes 2004, section 518.1751,
64.4 	subdivision 2, is amended to read:
64.5 		Subd. 2.Appointment.  (a) The parties may stipulate to
64.6 	the appointment of a parenting time expeditor or a team of two
64.7 	expeditors without appearing in court ~~by submitting~~ .  The
64.8 	parties may submit to the court a written agreement identifying
64.9 	the names of the individuals to be appointed by the court; the
64.10 	nature of the dispute; the responsibilities of the parenting
64.11 	time expeditor, including whether the expeditor is appointed to
64.12 	resolve a specific issue or on an ongoing basis; the term of the
64.13 	appointment; and the apportionment of fees and costs.  The court
64.14 	~~shall~~ must review the agreement of the parties.
64.15 	(b) If the parties cannot agree on a parenting time
64.16 	expeditor, the court ~~shall~~ must provide ~~to the parties~~ them with 
64.17 	a copy of the court administrator's roster of parenting time
64.18 	expeditors and require the parties to exchange the names of
64.19 	three potential parenting time expeditors by a specific date.
64.20 	If after exchanging names the parties are unable to agree upon a
64.21 	parenting time expeditor, the court ~~shall~~ must select the
64.22 	~~parenting time~~ expeditor and, in its discretion, may appoint one
64.23 	expeditor or a team of two ~~expeditors~~.  In the selection process
64.24 	the court must give consideration to the financial circumstances
64.25 	of the parties and the fees of those being considered
64.26 	as ~~parenting time~~ expeditors.  Preference must be given to
64.27 	persons who agree to volunteer their services or who will charge
64.28 	a variable fee for services based on the ability of the parties
64.29 	to pay for them.
64.30 	(c) An order appointing a parenting time expeditor must
64.31 	identify the name of the individual to be appointed, the nature
64.32 	of the dispute, the responsibilities of the expeditor including
64.33 	whether the expeditor is appointed to resolve a specific issue
64.34 	or on an ongoing basis, the term of the appointment, the
64.35 	apportionment of fees, and notice that if the parties are unable
64.36 	to reach an agreement with the expeditor's assistance ~~of the~~
65.1 	~~expeditor~~, the expeditor is authorized to make a decision
65.2 	resolving the dispute which is binding upon the parties unless
65.3 	modified or vacated by the court.

65.4 	Sec. 30. Minnesota Statutes 2004, section 518.1751,
65.5 	subdivision 2a, is amended to read:
65.6 		Subd. 2a.Fees. ~~Prior to~~ Before appointing the parenting
65.7 	time expeditor, the court ~~shall~~ must give the parties notice
65.8 	that the expeditor's fees ~~of the expeditor~~ will be apportioned
65.9 	among the parties.  In its order appointing the expeditor, the
65.10 	court ~~shall~~ must apportion the expeditor's fees ~~of the expeditor~~ 
65.11 	among the parties, with each party bearing the portion of fees
65.12 	that the court determines is just and equitable under the
65.13 	circumstances.  If a party files a pro se motion regarding a
65.14 	parenting time dispute and there is not ~~a~~ an existing court
65.15 	order ~~that provides for apportionment of~~ apportioning the fees
65.16 	of an expeditor, the court administrator may require the party
65.17 	requesting ~~the~~ appointment of an expeditor to pay the
65.18 	expeditor's fees ~~of the expeditor~~ in advance.  Neither party may
65.19 	be required to submit a dispute to ~~a visitation~~ an expeditor if
65.20 	the party cannot afford to pay ~~for~~ the fees ~~of an expeditor~~ and
65.21 	an affordable expeditor is not available, unless the other party
65.22 	agrees to pay the fees.  After fees are incurred, a party may by
65.23 	motion request that the fees be reapportioned on equitable
65.24 	grounds.  The court may consider the resources of the parties,
65.25 	the nature of the dispute, and whether a party acted in bad
65.26 	faith.  The court may consider information from the expeditor in
65.27 	determining bad faith.

65.28 	Sec. 31. Minnesota Statutes 2004, section 518.1751,
65.29 	subdivision 2b, is amended to read:
65.30 		Subd. 2b.Roster of parenting time expeditors. ~~Each~~ The 
65.31 	court administrator ~~shall~~ must maintain and make available
65.32 	to judicial officers and the public ~~and judicial officers~~ a
65.33 	roster of individuals available to serve as parenting time
65.34 	expeditors~~, including~~ .  The roster must include each
65.35 	individual's name, address, telephone number, and fee charged,
65.36 	if any.  A court administrator ~~shall~~ must not place on the
66.1 	roster the name of an individual who has not completed the
66.2 	training required in subdivision 2c.  If the use of ~~a parenting~~
66.3 	~~time~~ an expeditor is initiated by stipulation of the parties,
66.4 	the parties may agree upon a person to serve as an expeditor
66.5 	even if that person has not completed the training described in
66.6 	subdivision 2c.  The court may appoint ~~a person to serve~~ as an
66.7 	expeditor ~~even if the~~ a person who is not on the court
66.8 	administrator's roster, but may not appoint a person who has not
66.9 	completed the training described in subdivision 2c, unless so
66.10 	stipulated by the parties.  To maintain one's listing on a court
66.11 	administrator's roster of parenting time expeditors, an
66.12 	individual ~~shall~~ must annually submit to the court administrator
66.13 	proof of completion of continuing education requirements.

66.14 	Sec. 32. Minnesota Statutes 2004, section 518.1751,
66.15 	subdivision 2c, is amended to read:
66.16 		Subd. 2c.Training and continuing education
66.17 	requirements.  To qualify for listing on a court administrator's
66.18 	roster of parenting time expeditors, an individual ~~shall~~ must 
66.19 	complete a minimum of 40 hours of family mediation training that
66.20 	has been certified by the Minnesota Supreme Court~~, which~~ .  The
66.21 	training must include certified training in domestic abuse
66.22 	issues as required under Rule 114 of the Minnesota General Rules
66.23 	of Practice for the District Courts.  To ~~maintain one's listing~~ 
66.24 	remain listed on a court administrator's roster of parenting
66.25 	time expeditors, an individual ~~shall~~ must annually attend three
66.26 	hours of continuing education about alternative dispute
66.27 	resolution subjects.

66.28 	Sec. 33. Minnesota Statutes 2004, section 518.1751,
66.29 	subdivision 3, is amended to read:
66.30 		Subd. 3.Agreement or decision.  (a) Within five days of
66.31 	notice of the appointment, or within five days of notice of a
66.32 	subsequent parenting time dispute between the same parties, the
66.33 	parenting time expeditor ~~shall~~ must meet with the parties
66.34 	together or separately and ~~shall~~ make a diligent effort to
66.35 	facilitate an agreement to resolve the dispute.  If a parenting
66.36 	time dispute requires immediate resolution, the ~~parenting time~~ 
67.1 	expeditor may confer with the parties through a telephone
67.2 	conference or similar means.  An expeditor may make a decision
67.3 	without conferring with a party if the expeditor made a good
67.4 	faith effort to confer with the party, but the party chose not
67.5 	to participate in resolution of the dispute.
67.6 	(b) If the parties do not reach an agreement, the expeditor
67.7 	~~shall~~ must make a decision resolving the dispute as soon as
67.8 	possible,but not later than five days after receiving all
67.9 	information necessary to make a decision and after the final
67.10 	meeting or conference with the parties.  The expeditor is
67.11 	authorized to award compensatory parenting time under section
67.12 	518.175, subdivision 6, and may recommend to the court that the
67.13 	noncomplying party pay attorney's fees, court costs, and other
67.14 	costs under section 518.175, subdivision 6, paragraph (d), if
67.15 	the parenting time order has been violated.  The expeditor ~~shall~~
67.16 	~~not lose~~ retains the authority to make a decision if
67.17 	circumstances beyond the expeditor's control make it
67.18 	impracticable to meet the five-day timelines.
67.19 	(c) Unless the parties mutually agree, the parenting time
67.20 	expeditor ~~shall~~ must not make a decision that is inconsistent
67.21 	with an existing parenting time order, but may make decisions
67.22 	interpreting or clarifying a parenting time order, including the
67.23 	development of a specific schedule when the existing court order
67.24 	grants "reasonable parenting time."
67.25 	(d) The expeditor ~~shall~~ must put an agreement or decision
67.26 	in writing and provide a copy to the parties.  The expeditor may
67.27 	include or omit reasons for the agreement or decision.  An
67.28 	agreement of the parties or a decision of the expeditor is
67.29 	binding on the parties unless vacated or modified by the court.
67.30 	If a party does not comply with an agreement of the parties or a
67.31 	decision of the expeditor, any party may bring a motion with the
67.32 	court and ~~shall~~ must attach a copy of the parties' written
67.33 	agreement or the decision of the expeditor.  The court may
67.34 	enforce, modify, or vacate the agreement of the parties or the
67.35 	decision of the expeditor.

67.36 	Sec. 34. Minnesota Statutes 2004, section 518.1752, is
68.1 	amended to read:
68.2 	518.1752 GRANDPARENT AND OTHERS;VISITATION.
68.3 	~~In all proceedings~~ During a proceeding for dissolution or
68.4 	legal separation, ~~after the commencement of the proceeding~~ or at
68.5 	any time after completion of the proceedings, and continuing
68.6 	during the child's minority ~~of the child~~, the court may make an
68.7 	order granting visitation rights to grandparents ~~under~~ and other
68.8 	individuals as provided by section 257C.08, subdivision 2.

68.9 	Sec. 35. Minnesota Statutes 2004, section 518.176, is
68.10 	amended to read:
68.11 	518.176 JUDICIAL SUPERVISION.
68.12 	~~Subdivision 1.  [LIMITS ON PARENT'S AUTHORITY; HEARING.]~~
68.13 	~~Except as otherwise agreed by the parties in writing at the time~~
68.14 	~~of the custody order,~~(a) The parent with whom the child resides
68.15 	may determine the child's upbringing, including education,
68.16 	health care, and religious training, unless:
68.17 	(1) otherwise agreed by the parties in writing at the time
68.18 	of the custody order; or 
68.19 	(2) upon motion by the other parent,the court after
68.20 	hearing~~,~~finds~~, upon motion by the other parent,~~that in the
68.21 	absence of a specific limitation of the authority of the parent
68.22 	with whom the child resides, the child's physical or emotional
68.23 	health is likely to be endangered or the child's emotional
68.24 	development impaired.
68.25 	~~Subd. 2.~~(b) If both parents or all contestants agree to
68.26 	the order, or if the court finds that in the absence of the
68.27 	order the child's physical or emotional health is likely to be
68.28 	endangered or the child's emotional development impaired, the
68.29 	court may order the local social services agency or the
68.30 	department of court services to exercise continuing supervision
68.31 	over the case under guidelines established by the court to
68.32 	assure that the custodial or parenting time terms of the decree
68.33 	are carried out.

68.34 	Sec. 36. Minnesota Statutes 2004, section 518.177, is
68.35 	amended to read:
68.36 	518.177  ~~NOTIFICATION REGARDING DEPRIVATION OF PARENTAL~~
69.1 	~~RIGHTS LAW~~ REQUIRED NOTICE.
69.2 	~~Every~~ A court order and judgment and decree concerning
69.3 	custody of or parenting time or visitation with a minor child
69.4 	~~shall~~ must contain the notice set out in section ~~518.68~~ 517C.99,
69.5 	subdivision 2.

69.6 	Sec. 37. Minnesota Statutes 2004, section 518.178, is
69.7 	amended to read:
69.8 	518.178 PARENTING TIME AND SUPPORT REVIEW HEARING.
69.9 	Upon motion of either party, the court ~~shall~~ must conduct a
69.10 	hearing to review compliance with the parenting time and child
69.11 	support provisions ~~set forth~~ in a decree of dissolution or legal
69.12 	separation or an order that establishes child custody, parenting
69.13 	time, and support rights and obligations of parents.  The state
69.14 	court administrator ~~shall~~ must prepare, and each court
69.15 	administrator ~~shall~~ must make available, simplified pro se forms
69.16 	for reviewing parenting time and child support disputes.  The
69.17 	court may impose any parenting time enforcement remedy available
69.18 	under ~~sections 518.175 and 518.1751~~this section or section
69.19 	517B.26, and any support enforcement remedy available under
69.20 	section 518.551.

69.21 	Sec. 38. Minnesota Statutes 2004, section 518.179,
69.22 	subdivision 1, is amended to read:
69.23 		Subdivision 1.Seeking custody or parenting time. (a) 
69.24 	Notwithstanding any contrary provision in section 518.17 or
69.25 	518.175, ~~if~~ a person seeking child custody or parenting time who 
69.26 	has been convicted of a crime described in subdivision 2~~, the~~
69.27 	~~person seeking custody or parenting time~~ has the burden to prove
69.28 	that custody or parenting time by that person is in the best
69.29 	interests of the child if:
69.30 	(1) the conviction occurred within the preceding five
69.31 	years;
69.32 	(2) the person is currently incarcerated, on probation, or
69.33 	under supervised release for the offense; or
69.34 	(3) the victim of the crime was a family or household
69.35 	member as defined in section 518B.01, subdivision 2.
69.36 	(b) If this section applies, the court may not grant
70.1 	custody or parenting time to the person unless it finds that the
70.2 	custody or parenting time is in the best interests of the
70.4 	child.  If the victim of the crime was a family or household
70.5 	member, the standard of proof is clear and convincing evidence.
70.6 	A guardian ad litem must be appointed in any case where this
70.7 	section applies.

70.8 	Sec. 39. Minnesota Statutes 2004, section 518.18, is
70.9 	amended to read:
70.10 	518.18 MODIFICATION OF ORDER.
70.11 	(a) Unless agreed to in writing by the parties, no motion
70.12 	to modify a custody order or parenting plan may be made earlier
70.13 	than one year after the date of the entry of a decree of
70.14 	dissolution or legal separation containing a provision dealing
70.15 	with custody, except in accordance with paragraph (c).
70.16 	(b) If a motion for modification has been heard, whether or
70.17 	not it was granted, ~~unless agreed to in writing by the parties~~ 
70.18 	no subsequent motion may be filed within two years after
70.19 	disposition of the prior motion on its merits, except:
70.20 	(1) if otherwise agreed to in writing by the parties; or 
70.21 	(2) in accordance with paragraph (c).
70.22 	(c) The time limitations prescribed in paragraphs (a) and
70.23 	(b) ~~shall~~ do not prohibit a motion to modify a custody order or
70.24 	parenting plan if the court finds that there is persistent and
70.25 	willful denial or interference with parenting time, or has
70.26 	reason to believe that the child's present environment may
70.27 	endanger the child's physical or emotional health or impair the
70.28 	child's emotional development.
70.29 	(d) ~~If the~~ A court that has jurisdiction to determine child
70.30 	custody matters~~, the court shall~~ must not modify a prior custody
70.31 	order or a parenting plan provision ~~which~~ that specifies the
70.32 	child's primary residence unless it finds~~, upon the basis of~~
70.33 	~~facts, including unwarranted denial of, or interference with, a~~
70.34 	~~duly established parenting time schedule, that have arisen since~~
70.35 	~~the prior order or that were unknown to the court at the time of~~
70.36 	~~the prior order,~~that a change has occurred in the circumstances
70.37 	of the child or the parties and that the modification is
71.1 	necessary to serve the best interests of the child. The court
71.2 	must make its findings upon the basis of facts, including
71.3 	unwarranted denial of, or interference with, a duly established
71.4 	parenting time schedule, that have arisen since the prior order
71.5 	or that were unknown to the court at the time of the prior
71.6 	order.In applying these standards the court ~~shall~~ must retain
71.7 	the custody arrangement or the parenting plan provision
71.8 	specifying the child's primary residence that was established by
71.9 	the prior order unless:
71.10 	~~(i)~~ (1) the court finds that a change in the custody
71.11 	arrangement or primary residence is in the best interests of the
71.12 	child and the parties previously agreed, in a writing approved
71.13 	by a court, to apply the best interests standard in section
71.14 	518.17 or 257.025, as applicable; and, with respect to
71.15 	agreements approved by a court on or after April 28, 2000, both
71.16 	parties were represented by counsel when the agreement was
71.17 	approved or the court found the parties were fully informed, the
71.18 	agreement was voluntary, and the parties were aware of its
71.19 	implications;
71.20 	~~(ii)~~ (2) both parties agree to the modification;
71.21 	~~(iii)~~ (3) the child has been integrated into the family of
71.22 	the petitioner with the consent of the other party; or
71.23 	~~(iv)~~ (4) the child's present environment endangers the
71.24 	child's physical or emotional health or impairs the child's
71.25 	emotional development,and the harm likely to be caused by a
71.26 	change of environment is outweighed by the advantage of a change
71.27 	to the child.
71.28 	~~In addition,~~(e) A court may modify a custody order or
71.29 	parenting plan under section 631.52.
71.30 	~~(e)~~ (f) In deciding whether to modify a prior joint custody
71.31 	order, the court ~~shall~~ must apply the standards set forth in
71.32 	paragraph (d) unless:
71.33 	(1) the parties agree in writing to the application of a
71.34 	different standard~~,~~;or
71.35 	(2) the party seeking the modification is asking the court
71.36 	for permission to move the residence of the child to another
72.1 	state.
72.2 	~~(f) If a parent has been granted sole physical custody of a~~
72.3 	~~minor and the child subsequently lives with the other parent,~~
72.4 	~~and temporary sole physical custody has been approved by the~~
72.5 	~~court or by a court-appointed referee,~~
72.6 	(g) The court may suspend the obligor's child support
72.7 	obligation pending ~~the~~ a final custody determination if:
72.8 	(1) the obligee has been granted sole physical custody of a
72.9 	child;
72.10 	(2) the child subsequently lives with the obligor; and 
72.11 	(3) a temporary sole custody order has been approved by the
72.12 	court or a court-approved referee.
72.13 	~~The court's~~ A court order denying the suspension of child
72.14 	support under this paragraph must include a written explanation
72.15 	of the reasons why continuation of the child support obligation
72.16 	would be in the best interests of the child.
72.17 	(h) A party seeking modification of a custody order must
72.18 	submit with moving papers an affidavit setting forth facts
72.19 	supporting the requested modification.  The party must give
72.20 	notice and a copy of the affidavit to other parties to the
72.21 	proceeding, who may file opposing affidavits.

72.22 	Sec. 40. Minnesota Statutes 2004, section 518.612, is
72.23 	amended to read:
72.24 	518.612 INDEPENDENCE OF PROVISIONS OF DECREE OR TEMPORARY
72.25 	ORDER.
72.26 	~~Failure by a party to make support payments is not a~~
72.27 	~~defense to:~~
72.28 	~~(1) interference with parenting time; or~~ 
72.29 	~~(2) without the permission of the court or the other~~
72.30 	~~parent, removing a child from this state.~~
72.31 	~~Interference with parenting time or taking a child from~~
72.32 	~~this state without permission of the court or the other parent~~
72.33 	~~is not a defense to nonpayment of support.  If a party fails to~~
72.34 	~~make support payments, interferes with parenting time, or~~
72.35 	~~removes a child from the state without permission of the court~~
72.36 	~~or the other parent, the other party may petition the court for~~
73.1 	~~an appropriate order.~~
73.2 	(a) An obligor may not assert as a defense to failure to
73.3 	pay child support that the obligee interfered with parenting
73.4 	time or removed the child from the state without permission of
73.5 	the obligor or the court.
73.6 	(b) An obligee may not assert as a defense to interference
73.7 	with parenting time or removing the child from the state without
73.8 	permission of the obligor or the court, that the obligor failed
73.9 	to pay child support.
73.10 	(c) A party may petition the court for an appropriate order
73.11 	if the other party:
73.12 	(1) fails to make support payments;
73.13 	(2) interferes with parenting time; or 
73.14 	(3) removes a child from this state without permission of
73.15 	the court or the other parent.

73.16 	Sec. 41. Minnesota Statutes 2004, section 518.619, is
73.17 	amended to read:
73.18 	518.619 CUSTODY OR ~~VISITATION~~ PARENTING TIME; MEDIATION
73.19 	SERVICES.
73.20 		Subdivision 1.Mediation proceeding. Except as provided
73.21 	in subdivision 2, if it appears on the face of the petition or
73.22 	other application for an order or modification of an order for
73.23 	~~the~~ child custody ~~of a child~~ that custody or parenting time is
73.24 	contested, or that any issue pertinent to a custody or parenting
73.25 	time determination, including parenting time rights, is
73.26 	unresolved, the matter may be set for mediation of the contested
73.27 	issue ~~prior to~~ before, concurrent with, or ~~subsequent to the~~ 
73.28 	after setting ~~of~~ the matter for hearing.  The purpose of the
73.29 	mediation proceeding is to reduce acrimony ~~which~~ that may exist
73.30 	between the parties and to develop an agreement that is
73.31 	supportive of the child's best interests.  The mediator ~~shall~~ 
73.32 	must use best efforts to effect a settlement of the custody or
73.33 	parenting time dispute, but ~~shall have~~ has no coercive authority.
73.34 		Subd. 2.Exception. If the court determines that there
73.35 	is probable cause that one of the parties, or a child of a
73.36 	party, has been physically or sexually abused by ~~the other~~ a 
74.1 	party, the court ~~shall~~ must not require or refer the parties to
74.2 	mediation or any other process that requires parties to meet and
74.3 	confer without counsel, if any, present.
74.4 		Subd. 3.Mediator appointment. In order to participate
74.5 	in a custody mediation, a mediator must be appointed by the
74.6 	family court.  A mediator must be a member of the professional
74.7 	staff of a family court, probation department, mental health
74.8 	services agency, or a private mediation service.  The mediator
74.9 	must be on a list of mediators approved by the court having
74.10 	jurisdiction of the matter, unless the parties stipulate to a
74.11 	mediator not on the list.
74.12 		Subd. 4.Mediator qualifications. A mediator who
74.13 	performs mediation in contested child custody matters ~~shall~~ must 
74.14 	meet the following minimum qualifications:
74.15 	~~(a)~~ (1) knowledge of the court system and the procedures
74.16 	used in contested child custody matters;
74.17 	~~(b)~~ (2) knowledge of other resources in the community to
74.18 	which the parties to contested child custody matters can be
74.19 	referred for assistance;
74.20 	~~(c)~~ (3) knowledge of child development, clinical issues
74.21 	relating to children, the effects of marriage dissolution on
74.22 	children, and child custody research; and
74.23 	~~(d)~~ (4) a minimum of 40 hours of certified mediation
74.24 	training.
74.25 		Subd. 5.Records; private data. Mediation proceedings
74.26 	~~shall~~ must be conducted in private.  All records of a mediation
74.27 	proceeding ~~shall be~~ are private and not available as evidence in
74.28 	an action for marriage dissolution and related proceedings on
74.29 	any issue in controversy in the dissolution.
74.30 		Subd. 6.Mediator recommendations. When the parties have
74.31 	not reached agreement as a result of the mediation proceeding,
74.32 	the mediator may recommend to the court that an investigation be
74.33 	conducted under section 518.167, or that other action be taken
74.34 	to assist the parties to resolve the controversy before a 
74.35 	hearing on the issues.  The mediator may not conduct the
74.36 	investigation or evaluation unless:  (1) the parties agree in a 
75.1 	writing, executed after the termination of mediation, that the
75.2 	mediator may conduct the investigation or evaluation, or (2)
75.3 	there is no other person reasonably available to conduct the
75.4 	investigation or evaluation.  The mediator may recommend that
75.5 	mutual restraining orders be issued in appropriate cases,
75.6 	pending determination of the controversy, to protect the
75.7 	well-being of the children involved in the controversy.
75.8 		Subd. 7.Mediation agreement. An agreement reached by
75.9 	the parties as a result of mediation ~~shall~~ must be discussed by
75.10 	the parties with their attorneys, if any~~, and~~ .The approved
75.11 	agreement may then be included in the marital dissolution decree
75.12 	or other stipulation submitted to the court.  An agreement
75.13 	reached by the parties as a result of mediation may not be
75.14 	presented to the court nor made enforceable unless the parties
75.15 	and their counsel, if any, consent to its presentation to the
75.16 	court, and the court adopts the agreement.
75.17 		Subd. 8.Rules. Each court ~~shall~~ must adopt rules to
75.18 	implement this section, and ~~shall~~ must compile and maintain a
75.19 	list of mediators.

75.20 	Sec. 42. Minnesota Statutes 2004, section 519.11,
75.21 	subdivision 1, is amended to read:
75.22 		Subdivision 1.Antenuptial contract.  A man and woman of
75.23 	legal age may enter into an antenuptial contract or settlement
75.24 	prior to solemnization of marriage which shall be valid and
75.25 	enforceable if (a) there is a full and fair disclosure of the
75.26 	earnings and property of each party, and (b) the parties have
75.27 	had an opportunity to consult with legal counsel of their own
75.28 	choice.  An antenuptial contract or settlement made in
75.29 	conformity with this section may determine what rights each
75.30 	party has in the nonmarital property, defined in section 518.54,
75.31 	subdivision 5, clauses ~~(a)~~ (1) to ~~(d)~~ (4), upon dissolution of
75.32 	marriage, legal separation or after its termination by death and
75.33 	may bar each other of all rights in the respective estates not
75.34 	so secured to them by their agreement.  This section shall not
75.35 	be construed to make invalid or unenforceable any antenuptial
75.36 	agreement or settlement made and executed in conformity with
76.1 	this section because the agreement or settlement covers or
76.2 	includes marital property, if the agreement or settlement would
76.3 	be valid and enforceable without regard to this section.

76.4 	Sec. 43. REVISOR'S INSTRUCTION.
 76.5 	The revisor of statutes must renumber the sections in
76.6 	Minnesota Statutes listed in column A as indicated in column B
76.7 	and correct cross-references to those sections throughout
76.8 	Minnesota Statutes and Minnesota Rules.
76.9 	A B
76.10 	518.003, subd. 2 517B.01, subd. 5
76.11 	518.003, subd. 3 517B.01, subd. 2
76.12 	518.003, subd. 4 517B.01, subd. 3
76.13 	518.003, subd. 5 517B.01, subd. 4
76.14 	518.155517B.02
76.15 	518.156517B.13
76.16 	518.157517B.06
76.17 	518.165, subd. 1 517B.08, subd. 1
76.18 	518.165, subd. 2 518B.08, subd. 2
76.19 	518.165, subd. 2a 517B.08, subd. 3
76.20 	518.165, subd. 3 517B.08, subd. 4
76.21 	518.166517B.14
76.22 	518.167517B.15
76.23 	518.168517B.16
76.24 	518.1705517B.28
76.25 	518.175, subd. 1 517B.25, subd. 1
76.26 	518.175, subd. 1a 517B.25, subd. 2
76.27 	518.175, subd. 2 517B.25, subd. 3
76.28 	518.175, subd. 3 517B.25, subd. 4
76.29 	518.175, subd. 5 517B.25, subd. 6
76.30 	518.175, subd. 6 517B.25, subd. 7
76.31 	518.175, subd. 8 517B.25, subd. 8
76.32 	518.1751, subd. 1 517B.26, subd. 1
76.33 	518.1751, subd. 1a 517B.26, subd. 3
76.34 	518.1751, subd. 1b 517B.26, subd. 2
76.35 	518.1751, subd. 2 517B.26, subd. 6
76.36 	518.1751, subd. 2a 517B.26, subd. 7
77.1 	518.1751, subd. 2b 517B.26, subd. 4
77.2 	518.1751, subd. 2c 517B.26, subd. 5
77.3 	518.1751, subd. 3 517B.26, subd. 8
77.4 	518.1751, subd. 4 517B.26, subd. 13
77.5 	518.1751, subd. 4a 517B.26, subd. 9
77.6 	518.1751, subd. 5 517B.26, subd. 10
77.7 	518.1751, subd. 5a 517B.26, subd. 11
77.8 	518.1751, subd. 6 517B.26, subd. 12
77.9 	518.1752517B.30
77.10 	518.176517B.20
77.11 	518.177517B.04 para. (b)
77.12 	518.178517B.25, subd. 5
77.13 	518.179517B.09
77.14 	518.18517B.21
77.15 	518.183517B.27
77.16 	518.612517B.10
77.17 	518.619517B.07 

77.18 	Sec. 44. REPEALER.
 77.19 	Minnesota Statutes 2004, sections 518.17, subdivisions 1,
77.20 	1a, 2, 3, and 6; 518.1752; and 518.185, are repealed.

77.21 	ARTICLE 3
77.22 	CHILD SUPPORT

77.23 	Section 1. [517C.01] TITLE.
77.24 	This chapter may be cited as the "Minnesota Child Support
77.25 	Act." 

77.26 	Sec. 2. [517C.02] DEFINITIONS.
77.27 		Subdivision 1.Scope. The definitions in this section
77.28 	apply to this chapter.
77.29 		Subd. 2.Arrears. "Arrears" means amounts owed under a
77.30 	support order that are past due.  Arrears include:
77.31 	(1) child support;
77.32 	(2) the entire amount of court-ordered past support and
77.33 	pregnancy and confinement expenses if:
77.34 	(i) the order does not contain repayment terms; or 
77.35 	(ii) the order contains repayment terms and the obligor
77.36 	fails to comply with the repayment terms; and 
78.1 	(3) attorney fees and any other collection costs addressed
78.2 	in a support order under section 517C.84.
78.3 		Subd. 3.Basic support. "Basic support" means the dollar
78.4 	amount ordered for a child's housing, food, clothing,
78.5 	transportation, and education costs, and other expenses relating
78.6 	to the child's care.  Basic support does not include monetary
78.7 	contributions for a child's private school tuition, child care
78.8 	expenses, and medical and dental expenses.
78.9 		Subd. 4.Business day. "Business day" means a day on
78.10 	which state offices are open for regular business.
78.11 		Subd. 5.Child. "Child" means an individual under 18
78.12 	years of age, an individual under age 20 who is still attending
78.13 	secondary school, or an individual who, by reason of physical or
78.14 	mental condition, is incapable of self-support.
78.15 		Subd. 6.Child support. "Child support" means an amount
78.16 	for basic support, child care support, and medical support
78.17 	pursuant to:
78.18 	(1) an award in a dissolution, legal separation, annulment,
78.19 	or parentage proceeding for the care, support, and education of
78.20 	a child of the marriage or of the parties to the proceeding;
78.21 	(2) a contribution by parents ordered under section 256.87;
78.22 	or 
78.23 	(3) support ordered under chapter 518B or 518C.
78.24 		Subd. 7.Deposit account. "Deposit account" means funds
78.25 	deposited with a financial institution in the form of a savings
78.26 	account, checking account, NOW account, or demand deposit
78.27 	account.
78.28 		Subd. 8.Financial institution. "Financial institution"
78.29 	means a savings association, bank, trust company, credit union,
78.30 	industrial loan and thrift company, bank and trust company, or
78.31 	savings association, and includes a branch or detached facility
78.32 	of a financial institution.
78.33 		Subd. 9.Obligee. "Obligee" means a person to whom
78.34 	payments for child support are owed.
78.35 		Subd. 10.Obligor. "Obligor" means a person obligated to
78.36 	pay child support.  A person who is designated as the sole
79.1 	physical custodian of a child is presumed not to be an obligor
79.2 	for purposes of calculating current support unless the court
79.3 	makes specific written findings to overcome this presumption.
79.4 	For purposes of ordering medical support under section 517C.17,
79.5 	a custodial parent may be an obligor subject to income
79.6 	withholding under section 517C.17; a cost-of-living adjustment
79.7 	under section 517C.31; and a payment agreement under section
79.8 	517C.71.
79.9 		Subd. 11.Payment. "Payment" means the payment of child
79.10 	support and related payments required by order of a tribunal,
79.11 	voluntary support, or statutory fees.
79.12 		Subd. 12.Payor of funds. "Payor of funds" means a
79.13 	person or entity that provides funds to an obligor, including an
79.14 	employer as defined under chapter 24 of the Internal Revenue
79.15 	Code, section 3401(d), an independent contractor, payor of
79.16 	workers' compensation benefits or unemployment insurance
79.17 	benefits, or a financial institution as defined in section
79.18 	13B.06.
79.19 		Subd. 13.Public authority. "Public authority" means the
79.20 	local unit of government, acting on behalf of the state, that is
79.21 	responsible for child support enforcement or the child support
79.22 	enforcement division of the Department of Human Services.
79.23 		Subd. 14.Support order. (a) "Support order" means a
79.24 	judgment, decree, or order, whether temporary, final, or subject
79.25 	to modification, issued by a court or administrative agency of
79.26 	competent jurisdiction that:
79.27 	(1) provides for the support of a child, including a child
79.28 	who has attained the age of majority under the law of the
79.29 	issuing state, or a child and the parent with whom the child is
79.30 	living;
79.31 	(2) provides for basic support, child care, medical support
79.32 	including expenses for confinement and pregnancy, arrears, or
79.33 	reimbursement; and 
79.34 	(3) may include related costs and fees, interest and
79.35 	penalties, income withholding, and other relief.
79.36 	(b) The definition in paragraph (a) applies to orders
80.1 	issued under this chapter and chapters 256, 257, and 518C.
80.2 		Subd. 15.Tribunal. "Tribunal" has the meaning given in
80.3 	section 518C.101.
80.4 		Subd. 16.Unclaimed support funds. "Unclaimed support
80.5 	funds" means any support payments collected by the public
80.6 	authority from the obligor, which have not been disbursed to the
80.7 	obligee or public authority.
80.8 		Subd. 17.Iv-d case. "IV-D case" means a case where a
80.9 	party assigns rights to child support to the state because the
80.10 	party receives public assistance, as defined in section 256.741,
80.11 	or applies for child support services under title IV-D of the
80.12 	Social Security Act, United States Code, title 42, section
80.13 	654(4).

80.14 	Sec. 3. [517C.04] CHILD SUPPORT ORDERS.
80.15 		Subdivision 1.Order. (a) Upon dissolution of marriage,
80.16 	legal separation, annulment, establishment of paternity, or when
80.17 	otherwise required by statute, the court must order child
80.18 	support as provided by this chapter.
80.19 	(b) Nothing contained in this chapter limits the power of
80.20 	the court to make appropriate, adequate orders for the support
80.21 	and education of a child of the parties to a dissolution, legal
80.22 	separation, or annulment action if the dissolution, legal
80.23 	separation, or annulment is denied.
80.24 		Subd. 2.Provisions. Child support orders must provide
80.25 	for general child rearing costs or basic support and must also
80.26 	specifically address child care costs and medical care,
80.27 	providing for those costs pursuant to this chapter.
80.28 		Subd. 3.Agreements. If the parties stipulate or agree
80.29 	to a child support order, the court must review the agreement to
80.30 	ensure it serves the best interests of the child.  The Minnesota
80.31 	Supreme Court may promulgate rules regarding the review of
80.32 	stipulations and agreements.  The court may refuse to accept or
80.33 	may alter an agreement that does not conform with the
80.34 	requirements of this chapter or that is otherwise not in the
80.35 	best interests of the child.
80.36 		Subd. 4.Specific dollar amount. (a) The court must
81.1 	order child support in a specific dollar amount.
81.2 	(b) The court may order an obligor to pay child support in
81.3 	the form of a percentage share of the obligor's net bonuses,
81.4 	commissions, or other forms of compensation, in addition to, or
81.5 	if the obligor receives no base pay, in lieu of an order for a
81.6 	specific dollar amount.
81.7 		Subd. 5.Preference for monthly payment. There is a
81.8 	presumption in favor of ordering child support in an amount that
81.9 	reflects an obligor's monthly obligation.
81.10 		Subd. 6.Preference for static payment. There is a
81.11 	presumption in favor of ordering child support so that an
81.12 	obligor makes the same monthly payments throughout the year, as
81.13 	opposed to payment amounts that fluctuate by season or month.
81.14 	If the obligor is seasonally employed, it is generally the
81.15 	obligor's responsibility to budget income accordingly.
81.16 		Subd. 7.Departure. The court may depart from a
81.17 	presumption in subdivision 5 or 6 if:
81.18 	(1) all parties agree; or 
81.19 	(2) the presumption would impose an extreme hardship on the
81.20 	obligor and would not be in the best interests of the child.
81.21 		Subd. 8.Accounting for child support by obligee. (a)
81.22 	Upon an obligor's motion, a court may order an obligee to
81.23 	account for the use or disposition of child support received.
81.24 	The motion must assert the specific allegations of abuse or
81.25 	misapplication of child support received and that a child's
81.26 	needs are not being met.  If the court orders a hearing, the
81.27 	court may order an accounting only if the obligor establishes:
81.28 	(1) the specific allegations of abuse or misapplication of child
81.29 	support received; (2) that the child's needs are not being met;
81.30 	and (3) that there is no record or history of domestic abuse,
81.31 	harassment, or violence between the parties.
81.32 	(b) If the court orders an accounting under paragraph (a),
81.33 	the obligee must provide documentation that breaks down monthly
81.34 	expenditures of child support received into the following
81.35 	categories:
81.36 	(1) housing and utilities;
82.1 	(2) food;
82.2 	(3) transportation;
82.3 	(4) clothing;
82.4 	(5) health care;
82.5 	(6) child care and education; and 
82.6 	(7) miscellaneous.
82.7 	An obligee may account for expenditures on housing, utilities,
82.8 	food, and transportation that are attributable to multiple
82.9 	household members on a per capita basis.
82.10 	(c) If the court finds that an obligee does not make the
82.11 	accounting required under paragraph (b) or the obligee does not
82.12 	spend the entire child support payment on behalf of the child,
82.13 	the court may:
82.14 	(1) hold the obligee in contempt of court pursuant to this
82.15 	chapter, Minnesota Statutes, chapter 588, and the Minnesota
82.16 	rules of court;
82.17 	(2) reduce or eliminate the obligor's child support
82.18 	obligation;
82.19 	(3) order the obligee to make future expenditures on behalf
82.20 	of the child, whether in whole or in part, in a manner that
82.21 	documents the transaction; or 
82.22 	(4) make any other appropriate order to ensure that the
82.23 	child's needs are met.
82.24 	(d) If the court determines that an obligor's motion under
82.25 	this section is brought in bad faith, the court may award
82.26 	reasonable attorney fees to the obligee.
82.27 		Subd. 9.Child support to be distinguished from
82.28 	maintenance. In a judgment of dissolution or legal separation,
82.29 	the court must clearly distinguish between payments ordered for
82.30 	maintenance and payments ordered for child support.  An award of
82.31 	payments from future income or earnings of the parent with whom
82.32 	the child resides is presumed to be maintenance and an award of
82.33 	payments from the future income or earnings of the other parent
82.34 	is presumed to be child support, unless otherwise designated by
82.35 	the court.
82.36 		Subd. 10.Other custodians. If a child resides with a
83.1 	person other than a parent and the court approves of the custody
83.2 	arrangement, the court may order child support payments to be
83.3 	made to the custodian regardless of whether the person has legal
83.4 	custody.
83.5 		Subd. 11.Either parent liable; marital misconduct
83.6 	irrelevant. The court may order either or both parents owing a
83.7 	duty of support to a child to pay an amount reasonable or
83.8 	necessary for the child's support, without regard to marital
83.9 	misconduct.

83.10 	Sec. 4. [517C.05] TEMPORARY ORDERS.
83.11 		Subdivision 1.Motion; scope. In a child support
83.12 	proceeding a party may, by motion, request that the court grant
83.13 	a temporary order pending the final disposition of the
83.14 	proceeding for temporary child support, costs, and reasonable
83.15 	attorney fees.  Additionally, to facilitate the just and speedy
83.16 	disposition of the proceeding, the court may require a party to
83.17 	perform or refrain from performing additional acts.
83.18 		Subd. 2.Duration. A temporary order continues in full
83.19 	force and effect until:
83.20 	(1) it is amended;
83.21 	(2) it is vacated;
83.22 	(3) the main action is dismissed; or 
83.23 	(4) a final decree of dissolution, legal separation, or
83.24 	other final order is entered.
83.25 		Subd. 3.Factors. The court must consider the factors
83.26 	set forth in this chapter in making temporary orders.
83.27 		Subd. 4.Evidence. Temporary orders must be made solely
83.28 	on the basis of affidavits and argument of counsel unless:
83.29 	(1) a party makes a timely motion or responsive motion to
83.30 	hear the matter on oral testimony before the court; or 
83.31 	(2) the court, in its discretion, orders the taking of oral
83.32 	testimony.
83.33 		Subd. 5.Limited effect. A temporary order does not
83.34 	prejudice the rights of the parties or the child that are to be
83.35 	adjudicated at subsequent hearings in the proceeding.
83.36 		Subd. 6.Revocation; modification. A temporary order may
84.1 	be revoked or modified by the court before the final disposition
84.2 	of the proceeding upon the same grounds and subject to the same
84.3 	requirements as the initial granting of the order.

84.4 	Sec. 5. [517C.06] DETERMINATION OF CONTROLLING ORDER.
84.5 	The public authority or a party may request the court to
84.6 	determine a controlling order when more than one order involving
84.7 	the same obligor and child exists.

84.8 	Sec. 6. [517C.07] ATTORNEY FEES; COSTS AND
84.9 	DISBURSEMENTS.
84.10 		Subdivision 1.General. (a) Except as provided in
84.11 	section 517C.84, in a proceeding under this chapter, the court
84.12 	must award attorney fees, costs, and disbursements in an amount
84.13 	necessary to enable a party to carry on or contest the
84.14 	proceeding if:
84.15 	(1) the fees are necessary for the good-faith assertion of
84.16 	the party's rights in the proceeding and will not contribute
84.17 	unnecessarily to the length and expense of the proceeding;
84.18 	(2) the party from whom fees, costs, and disbursements are
84.19 	sought has the means to pay them; and 
84.20 	(3) the party to whom fees, costs, and disbursements are
84.21 	awarded does not have the means to pay them.
84.22 	(b) Fees, costs, and disbursements may be awarded at any
84.23 	point during or after a proceeding under this chapter, including
84.24 	if a proceeding is dismissed or abandoned.
84.25 	(c) The court may assess costs and disbursements against
84.26 	either party.
84.27 		Subd. 2.Unreasonable actions. The court may, in its
84.28 	discretion, assess additional fees, costs, and disbursements
84.29 	against a party who unreasonably contributes to the length or
84.30 	expense of the proceeding.
84.31 		Subd. 3.Collection. The court may authorize the
84.32 	collection of money awarded by execution, or out of property
84.33 	sequestered, or in any other manner within the power of the
84.34 	court.  An award of attorney fees survives the proceeding.  If
84.35 	the award is not paid by the party directed to pay it, the award
84.36 	may be enforced as provided by this subdivision or by a separate
85.1 	civil action brought in the attorney's own name.

85.2 	Sec. 7. [517C.10] EXCHANGE OF INFORMATION.
85.3 		Subdivision 1.Documentation. (a) The parties must
85.4 	timely serve and file documentation of earnings and income.
85.5 	When there is a prehearing conference, the court must receive
85.6 	the documentation at least ten days before the prehearing
85.7 	conference.
85.8 	(b) Documentation of earnings and income includes, but is
85.9 	not limited to, pay stubs for the most recent three months,
85.10 	employer statements, or statement of receipts and expenses if
85.11 	self-employed.  Documentation of earnings and income also
85.12 	includes copies of each parent's most recent federal tax
85.13 	returns, W-2 forms, 1099 forms, unemployment insurance benefits
85.14 	statements, workers' compensation statements, and all other
85.15 	documents evidencing the receipt of income that provide
85.16 	verification of income over a longer period.
85.17 		Subd. 2.Exchange of tax returns. At any time after a
85.18 	party commences an action seeking child support or when a child
85.19 	support order is in effect, a party or the public authority may
85.20 	require the other party to give them a copy of the other party's
85.21 	most recent federal tax returns that were filed with the
85.22 	Internal Revenue Service.  The party must provide a copy of the
85.23 	tax returns within 30 days of receiving the request unless the
85.24 	request is not made in good faith.  A party may not make a
85.25 	request under this subdivision more than once every two years,
85.26 	in the absence of good cause.
85.27 		Subd. 3.Notice of address or residence change. An
85.28 	obligor must notify other parties of a change of address or
85.29 	residence within 60 days of the address or residence change.
85.30 		Subd. 4.Notice to public authority; public assistance.
 85.31 	The petitioner must notify the public authority of all
85.32 	proceedings for dissolution, legal separation, determination of
85.33 	parentage, or for the custody of a child, if either party is
85.34 	receiving public assistance or applies for it subsequent to the
85.35 	commencement of the proceeding.  The notice must contain the
85.36 	full names of the parties to the proceeding, their Social
86.1 	Security account numbers, and their birth dates.
86.2 		Subd. 5.Failure of notice. If the court in a
86.3 	dissolution, legal separation, or determination of parentage
86.4 	proceeding, finds before issuing the order for judgment and
86.5 	decree, that notification has not been given to the public
86.6 	authority, the court must set child support according to the
86.7 	guidelines in this chapter.  In those proceedings in which no
86.8 	notification has been made pursuant to this section and in which
86.9 	the public authority determines that the judgment is lower than
86.10 	the child support required by the guidelines in this chapter, it
86.11 	must move the court for a redetermination of the support
86.12 	payments ordered so that the support payments comply with the
86.13 	guidelines.

86.14 	Sec. 8. [517C.11] PRIVACY PROTECTION; PERSONAL
86.15 	PROTECTION.
86.16 		Subdivision 1.Social security numbers; tax returns. The
86.17 	Social Security numbers and tax returns required under this
86.18 	chapter are not accessible to the public, except that they must
86.19 	be disclosed to the other parties to a proceeding as provided in
86.20 	section 517C.10.
86.21 		Subd. 2.Modification of certain requirements. The court
86.22 	may waive, modify, or limit the information exchange
86.23 	requirements of this chapter by order if necessary to protect a
86.24 	party from contact by another party.
86.25 		Subd. 3.Access to address for service of process. (a)
86.26 	If the public authority is a party or is providing services in a
86.27 	child support case, a party may obtain an ex parte order under
86.28 	this subdivision.  The party may obtain an ex parte order
86.29 	requiring the public authority to serve legal documents on the
86.30 	other party by mail if the party submits a sworn affidavit to
86.31 	the court stating that:
86.32 	(1) the party needs to serve legal process in a support
86.33 	proceeding and does not have access to the address of the other
86.34 	party;
86.35 	(2) the party has made reasonable efforts to locate the
86.36 	other party; and 
87.1 	(3) the other party is not represented by counsel.
87.2 	(b) The public authority must serve legal documents
87.3 	provided by the moving party at the last known address of the
87.4 	other party upon receipt of a court order under paragraph (a).
87.5 	The public authority must provide for appropriate service and
87.6 	must certify to all parties the date of service by mail.  The
87.7 	public authority's proof of service must not include the place
87.8 	or address of service.
87.9 	(c) The state court administrator must prepare and make
87.10 	available forms for use in seeking access to an address under
87.11 	this subdivision.

87.12 	Sec. 9. [517C.12] INCOME.
87.13 		Subdivision 1.Definition. For purposes of calculating
87.14 	child support under this chapter, "income" means gross income.
87.15 		Subd. 2.Sources. For purposes of this chapter, income
87.16 	includes any form of periodic payment to an individual
87.17 	including, but not limited to:
87.18 	(1) wages;
87.19 	(2) salaries;
87.20 	(3) payments to an independent contractor;
87.21 	(4) workers' compensation;
87.22 	(5) unemployment insurance benefits;
87.23 	(6) annuity;
87.24 	(7) military and naval retirement;
87.25 	(8) pension and disability payments; and 
87.26 	(9) in-kind payments received by the obligor in the course
87.27 	of employment, self-employment, or operation of a business if
87.28 	the payments reduce the obligor's living expenses.
87.29 		Subd. 3.Commissions; bonuses. If the court finds that a
87.30 	party's commissions or bonuses are reliable and predictable, the
87.31 	court may include them in income calculations.
87.32 		Subd. 4.Self-employment; independent contractors.
 87.33 	Income from self-employment is equal to gross receipts minus
87.34 	ordinary and necessary expenses.  Ordinary and necessary
87.35 	expenses include what would otherwise be the employer's share of
87.36 	the contributions under the Federal Insurance Contributions Act
88.1 	(FICA), United States Code, title 26, subtitle C, chapter 21,
88.2 	subchapter A, sections 3101 to 3126.  Ordinary and necessary
88.3 	expenses do not necessarily include amounts allowed by the
88.4 	Internal Revenue Service for accelerated depreciation expenses
88.5 	or investment tax credits or any other business expenses
88.6 	determined by the court to be inappropriate for determining
88.7 	income for purposes of child support.  The person seeking to
88.8 	deduct an expense, including depreciation, has the burden of
88.9 	proving, if challenged, that the expense is ordinary and
88.10 	necessary.  Income calculated under this section may be
88.11 	different from taxable income.
88.12 		Subd. 5.Public assistance exclusions. Benefits received
88.13 	under chapter 256J and Title IV-A of the Social Security Act are
88.14 	not income under this section.
88.15 		Subd. 6.Overtime. (a) Income does not include
88.16 	compensation received by a party for employment in excess of a
88.17 	40-hour work week if:
88.18 	(1) the excess employment is not within the normal range of
88.19 	hours worked, given the party's employment history;
88.20 	(2) the excess employment is voluntary and not a condition
88.21 	of employment;
88.22 	(3) the excess employment is in the nature of additional,
88.23 	part-time, or overtime employment compensable by the hour or
88.24 	fraction of an hour; and 
88.25 	(4) the party's compensation structure has not been changed
88.26 	for the purpose of affecting a child support obligation.
88.27 	(b) The court may presume that a party with seasonal or
88.28 	intermittent income who works periods in excess of a 40-hour
88.29 	work week, but who works a substantially normal number of hours
88.30 	over the course of a year, is working within the normal range of
88.31 	hours worked.
88.32 		Subd. 7.Income of a spouse or other household
88.33 	member. (a) Income must not include the income of a party's
88.34 	spouse or other household member.  The court must not consider
88.35 	the income or resources provided by a spouse or other household
88.36 	member when determining all the earnings, income, and resources
89.1 	of a parent under sections 517C.25 to 517C.29.
89.2 	(b) Notwithstanding paragraph (a), the court may issue an
89.3 	order permitting discovery of a spouse's or other household
89.4 	member's income information if there is probable cause to
89.5 	believe the spouse or other household member is being used to
89.6 	shelter income from a party.  If the court finds that income was
89.7 	improperly or unfairly sheltered, it may impute income to the
89.8 	party or otherwise adjust the support amount in a just and
89.9 	proper manner.  However, the court may not under any
89.10 	circumstances consider income or resources properly attributable
89.11 	to a spouse or other household member when setting support.
89.12 		Subd. 8.Prior support or maintenance orders. The amount
89.13 	of a support or maintenance order, not including orders for
89.14 	support or maintenance debts or arrears, must be deducted from
89.15 	income.
89.16 		Subd. 9.Legally dependent child. (a) For purposes of
89.17 	this subdivision, a "legally dependent child" means a child:
89.18 	(1) whose primary residence is with a parent eligible for a
89.19 	deduction from income under this subdivision;
89.20 	(2) whom the parent has the legal duty to support;
89.21 	(3) who is not a subject of the current child support
89.22 	action;
89.23 	(4) for whom the parent is not ordered to pay child
89.24 	support; and 
89.25 	(5) for whom no other person has court-ordered sole
89.26 	physical custody.
89.27 	(b) The court must deduct an amount from a parent's income
89.28 	for a legally dependent child.  The amount deducted from income
89.29 	for each legally dependent child must be computed using the
89.30 	following method:
89.31 	(1) determine 120 percent of the federal poverty guidelines
89.32 	for a family size equal to two parents plus each legally
89.33 	dependent child;
89.34 	(2) divide the amount determined under clause (1) by the
89.35 	family size determined under clause (1);
89.36 	(3) multiply the amount calculated under clause (2) by the
90.1 	number of legally dependent children; and 
90.2 	(4) divide the amount calculated under clause (3) by two to
90.3 	determine the deduction amount for one parent.  The amount
90.4 	determined for one parent must be divided by 12 to determine the
90.5 	amount of the deduction from a parent's monthly income.
90.6 	(c) The commissioner of human services must publish a table
90.7 	listing the amount of the deduction for each legally dependent
90.8 	child by family size and must update the table for changes to
90.9 	the federal poverty guidelines by July 1 of each year.

90.10 	Sec. 10. [517C.13] IMPUTED INCOME.
90.11 		Subdivision 1.Nonappearance of a parent. If a parent
90.12 	under the jurisdiction of the court does not appear at a court
90.13 	hearing after proper notice of the time and place of the
90.14 	hearing, the court must set income for that parent based on
90.15 	credible evidence before the court or in accordance with
90.16 	subdivision 3.  Credible evidence may include documentation of
90.17 	current or recent income, testimony of the other parent
90.18 	concerning recent earnings and income levels, and the parent's
90.19 	wage reports filed with the Minnesota Department of Economic
90.20 	Security under section 268.044.
90.21 		Subd. 2.Voluntary unemployment or underemployment. (a)
90.22 	The principles of income imputation apply equally to both
90.23 	parents.
90.24 	(b) If the court finds that a parent is voluntarily
90.25 	unemployed or underemployed or was voluntarily unemployed or
90.26 	underemployed during the period for which past support is being
90.27 	sought, a court must calculate support based on a determination
90.28 	of imputed income.
90.29 	(c) A parent is not considered voluntarily unemployed or
90.30 	underemployed upon a showing by the parent that:
90.31 	(1) the unemployment or underemployment is temporary and
90.32 	will ultimately lead to an increase in income;
90.33 	(2) the unemployment or underemployment represents a bona
90.34 	fide career change that outweighs the adverse effect of that
90.35 	parent's diminished income on the child;
90.36 	(3) the parent is a recipient of public assistance under
91.1 	section 256.741; or 
91.2 	(4) the parent is physically or mentally incapacitated.
91.3 	(d) Imputed income means the estimated earning ability of a
91.4 	parent based on the parent's prior earnings history, education,
91.5 	and job skills, and on availability of jobs within the community
91.6 	for an individual with the parent's qualifications.
91.7 		Subd. 3.Insufficient information. If there is
91.8 	insufficient information to determine actual income or to impute
91.9 	income pursuant to subdivision 1 or 2, the court may calculate
91.10 	support based on full-time employment of 40 hours per week at
91.11 	150 percent of the federal minimum wage or the Minnesota minimum
91.12 	wage, whichever is higher.
91.13 		Subd. 4.Parent providing at-home child care. If a
91.14 	parent stays home to care for a child who is the subject of the
91.15 	child support order, the court must consider the following
91.16 	factors when determining whether the parent is voluntarily
91.17 	unemployed or underemployed:
91.18 	(1) the parties' parenting and child care arrangements
91.19 	before the child support action;
91.20 	(2) the stay-at-home parent's employment history, including
91.21 	recency of employment and earnings, and the availability of jobs
91.22 	within the community for an individual with the parent's
91.23 	qualifications;
91.24 	(3) the relationship between the employment-related
91.25 	expenses, including child care, transportation costs, suitable
91.26 	clothing, and other items required for the parent to be
91.27 	employed, and the income the stay-at-home parent could receive
91.28 	from available jobs within the community for an individual with
91.29 	the parent's qualifications;
91.30 	(4) the child's age and health, including whether the child
91.31 	is physically or mentally disabled; and 
91.32 	(5) the availability of appropriate child care providers.

91.33 	Sec. 11. [517C.14] PRESUMPTIVE CHILD SUPPORT ORDER;
91.34 	GENERAL.
91.35 		Subdivision 1.Rebuttable presumption. The guidelines in
91.36 	sections 517C.12 to 517C.18 are a rebuttable presumption and
92.1 	must be used in all cases when establishing or modifying child
92.2 	support.
92.3 	Subd. 2.[CHILD'S INSURANCE BENEFIT.] In establishing or
92.4 	modifying child support, if a child receives a child's insurance
92.5 	benefit under United States Code, title 42, section 402, because
92.6 	the obligor is entitled to old age or disability insurance
92.7 	benefits, the amount of support ordered must be offset by the
92.8 	amount of the child's benefit.  The court must make findings
92.9 	regarding the obligor's income from all sources, the child
92.10 	support amount calculated under this chapter, the amount of the
92.11 	child's benefit, and the obligor's child support obligation.  A
92.12 	benefit received by the child in a given month in excess of the
92.13 	child support obligation must not be treated as a payment of
92.14 	arrears or a future payment.

92.15 	Sec. 12. [517C.15] BASIC SUPPORT.
92.16 		Subdivision 1.Basic support; schedule. (a) Unless
92.17 	otherwise agreed to by the parents and approved by the court,
92.18 	the court must order that basic support be divided between the
92.19 	parents based on their proportionate share of the parents'
92.20 	combined monthly income, as determined under section 517C.12.
92.21 	(b) For parents with a combined monthly income less than or
92.22 	equal to 100 percent of the federal poverty guidelines amount
92.23 	for two people, the commissioner of human services must
92.24 	determine the percentages in this paragraph by taking two times
92.25 	the minimum basic support amount under section 517C.18,
92.26 	subdivision 2, divided by 100 percent of the federal poverty
92.27 	guidelines amount for two people.  For all other parents, basic
92.28 	support must be computed using the following schedule, prepared
92.29 	based on 2001 United States Department of Agriculture
92.30 	expenditure data:
92.31 	Parents' Number of Children
92.32 	Combined
92.33 	Monthly
92.34 	Income One Two Three Four Five Six 
92.35 	
92.36 	Below $1,000 10.0% 16.1% 18.6% 21.6% 25.1% 29.1%
92.37 	$1,000 - $1,499 10.0% 16.1% 18.6% 21.6% 25.1% 29.1%
93.1 	$1,500 - $1,999 19.4% 31.3% 36.2% 42.0% 48.7% 56.5%
93.2 	$2,000 - $2,499 28.7% 46.3% 53.5% 62.1% 72.0% 83.5%
93.3 	$2,500 - $2,999 25.0% 40.3% 46.5% 53.9% 62.6% 72.6%
93.4 	$3,000 - $3,499 22.5% 36.3% 41.9% 48.6% 56.4% 65.4%
93.5 	$3,500 - $3,999 20.7% 33.4% 38.5% 44.7% 51.8% 60.1%
93.6 	$4,000 - $4,499 19.4% 31.2% 36.1% 41.9% 48.6% 56.3%
93.7 	$4,500 - $4,999 18.3% 29.6% 34.1% 39.6% 45.9% 53.2%
93.8 	$5,000 - $5,499 17.5% 28.2% 32.6% 37.8% 43.9% 50.9%
93.9 	$5,500 - $5,999 16.8% 27.1% 31.3% 36.3% 42.1% 48.9%
93.10 	$6,000 - $6,400 16.2% 26.2% 30.2% 35.0% 40.6% 47.1%
93.11 	$6,500 - $6,999 15.8% 25.4% 29.3% 34.0% 39.4% 45.7%
93.12 	$7,000 - $7,499 15.4% 24.8% 28.6% 33.2% 38.5% 44.6%
93.13 	$7,500 - $7,999 15.0% 24.2% 27.9% 32.4% 37.5% 43.5%
93.14 	$8,000 - $8,499 14.7% 23.7% 27.3% 31.7% 36.7% 42.6%
93.15 	$8,500 - $8,999 14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
93.16 	$9,000 - $9,499 14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
93.17 	$9,500 - $9,999 14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
93.18 	$10,000 - $10,499 14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
93.19 	$10,500 - $10,999 14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
93.20 	$11,000 - $11,499 14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
93.21 	$11,500 - $11,999 14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
93.22 	$12,000 - $12,499 14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
93.23 	$12,500 - $12,999 14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
93.24 	$13,000 - $13,499 14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
93.25 	$13,500 - $13,999 14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
93.26 	$14,000 - $14,499 14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
93.27 	$14,500 - $14,999 14.4% 23.3% 26.8% 31.1% 36.1% 41.8% 
93.28 	$15,000 or
93.29 	the amount 14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
93.30 	in effect
93.31 	under subd. 4 
93.32 	(c) The commissioner of human services must compute and
93.33 	publish a schedule of basic support amounts calculated using the
93.34 	percentages in paragraph (b).  The schedule must show basic
93.35 	support amounts for combined monthly income increments of not
93.36 	more than $100.  The commissioner must determine the percentages
93.37 	for each income increment by interpolating between the
94.1 	percentages in paragraph (b).  The commissioner may disregard a
94.2 	fractional part of a dollar unless it amounts to 50 cents or
94.3 	more, in which case the commissioner may increase the amount by
94.4 	$1.
94.5 		Subd. 2.Separate household adjustment. After
94.6 	determining each parent's basic support under subdivision 1, the
94.7 	court must reduce the basic support of each parent by 20 percent.
94.8 		Subd. 3.Joint physical custody. (a) If the parents'
94.9 	parenting time approximates joint physical custody, an obligor's
94.10 	basic support obligation is 50 percent of the difference between
94.11 	the parents' basic support obligation, as determined under
94.12 	subdivision 1.
94.13 	(b) A parenting time division approximates joint physical
94.14 	custody if each parent provides, or is responsible for
94.15 	providing, care at least 45 percent of the days in a year.
94.16 	(c) For purposes of this subdivision, the following
94.17 	principles apply:
94.18 	(1) the label given to a custody arrangement is not
94.19 	determinative;
94.20 	(2) the actual division of parenting time controls; and 
94.21 	(3) an overnight stay presumptively constitutes a day of
94.22 	caregiving.
94.23 	(d) The court must make specific findings in support of an
94.24 	adjustment to an obligor's basic support obligation under this
94.25 	subdivision.
94.26 		Subd. 4.Income cap on determining basic support. (a)
94.27 	The basic support obligation for parents with a combined monthly
94.28 	income in excess of the income limit currently in effect under
94.29 	subdivision 1 must be the same dollar amount as provided for
94.30 	parents with a combined monthly income equal to the income limit
94.31 	in effect under subdivision 1.
94.32 	(b) A court may order a basic support obligation in a child
94.33 	support order in an amount that exceeds the income limit in
94.34 	subdivision 1 if it finds that a child has a disability or other
94.35 	substantial, demonstrated need for the additional support and
94.36 	that the additional support will directly benefit the child.
95.1 	(c) The dollar amount for the cap in subdivision 1 must be
95.2 	adjusted on July 1 of every even-numbered year to reflect
95.3 	cost-of-living changes.  The Supreme Court must select the index
95.4 	for the adjustment from the indices listed in section 517C.31.
95.5 	The state court administrator must make the changes in the
95.6 	dollar amounts required by this paragraph available to courts
95.7 	and the public on or before April 30 of the year in which the
95.8 	amount is to change.
95.9 		Subd. 5.More than six children. If a child support
95.10 	proceeding involves more than six children, the court may derive
95.11 	a support order without specifically following the guidelines.
95.12 	However, the court must consider the basic principles
95.13 	encompassed by the guidelines and must consider both parents'
95.14 	needs, resources, and circumstances.
95.15 		Subd. 6.Report to legislature. By January 15 each year,
95.16 	the commissioner of human services must submit a report to the
95.17 	legislature on the basic support schedule.  The report must
95.18 	include the following:
95.19 	(1) information on any changes to the United States
95.20 	Department of Agriculture expenditure data used in constructing
95.21 	the basic support schedule under subdivision 1;
95.22 	(2) information on any new sources of economic data that
95.23 	could be used to construct a basic support schedule; and 
95.24 	(3) a summary of any problems or concerns with implementing
95.25 	or applying the basic support schedule, and recommendations on
95.26 	how to resolve those problems or concerns.

95.27 	Sec. 13. [517C.16] CHILD CARE SUPPORT.
95.28 		Subdivision 1.Child care costs. Unless otherwise agreed
95.29 	to by the parties and approved by the court, the court must
95.30 	order that the child care costs be divided between the obligor
95.31 	and obligee based on their proportionate share of the parties'
95.32 	combined monthly income, as determined under section 517C.12.
95.33 		Subd. 2.Low-income obligor. (a) If the obligor's income
95.34 	as determined under section 517C.12 meets the income eligibility
95.35 	requirements for child care assistance under the basic sliding
95.36 	fee program under chapter 119B, the court must order the obligor
96.1 	to pay the lesser of the following amounts:
96.2 	(1) the amount of the obligor's monthly co-payment for
96.3 	child care assistance under the basic sliding fee schedule
96.4 	established by the commissioner of children, families, and
96.5 	learning under chapter 119B, based on an obligor's monthly gross
96.6 	income as determined under section 517C.12 and the size of the
96.7 	obligor's household.  For purposes of this subdivision, the
96.8 	obligor's household includes the obligor and the number of
96.9 	children for whom child support is being ordered; or 
96.10 	(2) the amount of the obligor's child care obligation under
96.11 	subdivision 1.
96.12 	(b) The commissioner of human services must publish a table
96.13 	with the child care assistance basic sliding fee amounts and
96.14 	update the table for changes to the basic sliding fee schedule
96.15 	by July 1 of each year.
96.16 		Subd. 3.Determining costs. (a) The court must require
96.17 	verification of employment or school attendance and
96.18 	documentation of child care expenses from the obligee and the
96.19 	public authority, if applicable.
96.20 	(b) If child care expenses fluctuate during the year
96.21 	because of the obligee's seasonal employment or school
96.22 	attendance or extended periods of parenting time with the
96.23 	obligor, the court must determine child care expenses based on
96.24 	an average monthly cost.
96.25 	(c) The amount allocated for child care expenses is
96.26 	considered child support but is not subject to a cost-of-living
96.27 	adjustment under section 517C.31.
96.28 	(d) The court may allow the parent with whom the child does
96.29 	not reside to care for the child while the parent with whom the
96.30 	child resides is working or attending school, as provided in
96.31 	section 517B.25, subdivision 8.  Allowing the parent with whom
96.32 	the child does not reside to care for the child under section
96.33 	517B.25, subdivision 8, is not a reason to deviate from the
96.34 	guidelines.
96.35 		Subd. 4.Change in child care. (a) When a court order
96.36 	provides for child care expenses and the public authority
97.1 	provides child support enforcement services, the public
97.2 	authority must suspend collecting the amount allocated for child
97.3 	care expenses when:  (1) either party informs the public
97.4 	authority that no child care costs are being incurred; and (2)
97.5 	the public authority verifies the accuracy of the information.
97.6 	The public authority will resume collecting child care expenses
97.7 	when either party provides information that child care costs
97.8 	have resumed.
97.9 	(b) If the parties provide conflicting information to the
97.10 	public authority regarding whether child care expenses are being
97.11 	incurred, the public authority will continue or resume
97.12 	collecting child care expenses.  Either party, by motion to the
97.13 	court, may challenge the suspension or resumption of the
97.14 	collection of child care expenses.  If the public authority
97.15 	suspends collection activities for the amount allocated for
97.16 	child care expenses, all other provisions of the court order
97.17 	remain in effect.
97.18 	(c) In cases where there is a substantial increase or
97.19 	decrease in child care expenses, the parties may modify the
97.20 	order under section 517C.31.

97.21 	Sec. 14. [517C.17] MEDICAL SUPPORT.
97.22 		Subdivision 1.Definitions. The definitions in this
97.23 	subdivision apply to this chapter.
97.24 	(a) "Health care coverage" means health care benefits that
97.25 	are provided by a health plan. Health care coverage does not
97.26 	include any form of medical assistance under chapter 256B or
97.27 	MinnesotaCare under chapter 256L.
97.28 	(b) "Health carrier" means a carrier as defined in sections
97.29 	62A.011, subdivision 2, and 62L.02, subdivision 16.
97.30 	(c) "Health plan" means a plan meeting the definition under
97.31 	section 62A.011, subdivision 3, a group health plan governed
97.32 	under the federal Employee Retirement Income Security Act of
97.33 	1974 (ERISA), a self-insured plan under sections 43A.23 to
97.34 	43A.317 and 471.617, or a policy, contract, or certificate
97.35 	issued by a community-integrated service network licensed under
97.36 	chapter 62N.  Health plan includes plans:  (1) provided on an
98.1 	individual and group basis, (2) provided by an employer or
98.2 	union, (3) purchased in the private market, and (4) available to
98.3 	a person eligible to carry insurance for the child.  Health plan
98.4 	includes a plan providing for dependent-only, dental, or vision
98.5 	coverage and a plan provided through a party's spouse or parent.
98.6 	(d) "Medical support" means providing health care coverage
98.7 	for a child by carrying health care coverage for the child or by
98.8 	contributing to the cost of health care coverage, public
98.9 	coverage, unreimbursed medical expenses, and uninsured medical
98.10 	expenses of the child.
98.11 	(e) "National medical support notice" means an
98.12 	administrative notice issued by the public authority to enforce
98.13 	health insurance provisions of a support order in accordance
98.14 	with Code of Federal Regulations, title 45, section 303.32, in
98.15 	cases where the public authority provides support enforcement
98.16 	services.
98.17 	(f) "Public coverage" means health care benefits provided
98.18 	by any form of medical assistance under chapter 256B or
98.19 	MinnesotaCare under chapter 256L.
98.20 	(g) "Uninsured medical expenses" means a child's reasonable
98.21 	and necessary health-related expenses if the child is not
98.22 	covered by a health plan or public coverage when the expenses
98.23 	are incurred.
98.24 	(h) "Unreimbursed medical expenses" means a child's
98.25 	reasonable and necessary health-related expenses if a child is
98.26 	covered by a health plan or public coverage and the plan or
98.27 	coverage does not pay for the total cost of the expenses when
98.28 	the expenses are incurred.  Unreimbursed medical expenses do not
98.29 	include the cost of premiums.  Unreimbursed medical expenses
98.30 	include, but are not limited to, deductibles, co-payments, and
98.31 	expenses for orthodontia, prescription eyeglasses and contact
98.32 	lenses, and over-the-counter medicine.
98.33 		Subd. 2.Order. (a) A completed national medical support
98.34 	notice issued by the public authority or a court order that
98.35 	complies with this section is a qualified medical child support
98.36 	order under the federal Employee Retirement Income Security Act
99.1 	of 1974 (ERISA), United States Code, title 29, section 1169(a).
99.2 	(b) Every order addressing child support must state:
99.3 	(1) the names, last known addresses, and Social Security
99.4 	numbers of the parents and the child that is a subject of the
99.5 	order unless the court prohibits the inclusion of an address or
99.6 	Social Security number and orders the parents to provide the
99.7 	address and Social Security number to the administrator of the
99.8 	health plan;
99.9 	(2) whether appropriate health care coverage for the child
99.10 	is available and, if so, state:
99.11 	(i) which party must carry health care coverage;
99.12 	(ii) the cost of premiums and how the cost is allocated
99.13 	between the parties;
99.14 	(iii) how unreimbursed expenses will be allocated and
99.15 	collected by the parties; and 
99.16 	(iv) the circumstances, if any, under which the obligation
99.17 	to provide health care coverage for the child will shift from
99.18 	one party to the other;
99.19 	(3) if appropriate health care coverage is not available
99.20 	for the child, whether a contribution for medical support is
99.21 	required; and 
99.22 	(4) whether the amount ordered for medical support is
99.23 	subject to a cost-of-living adjustment under section 517C.31.
99.24 		Subd. 3.Determining appropriate health care
99.25 	coverage. (a) In determining whether a party has appropriate
99.26 	health care coverage for the child, the court must evaluate the
99.27 	health plan using the following factors:
99.28 	(1) accessible coverage.  Dependent health care coverage is
99.29 	accessible if the covered child can obtain services from a
99.30 	health plan provider with reasonable effort by the parent with
99.31 	whom the child resides.  Health care coverage is presumed
99.32 	accessible if:
99.33 	(i) primary care coverage is available within 30 minutes or
99.34 	30 miles of the child's residence and specialty care coverage is
99.35 	available within 60 minutes or 60 miles of the child's
99.36 	residence;
100.1 	(ii) the coverage is available through an employer and the
100.2 	employee can be expected to remain employed for a reasonable
100.3 	amount of time; and 
100.4 	(iii) no preexisting conditions exist to delay coverage
100.5 	unduly;
100.6 	(2) comprehensive coverage.  Dependent health care coverage
100.7 	is comprehensive if it includes, at a minimum, medical and
100.8 	hospital coverage and provides for preventive, emergency, acute,
100.9 	and chronic care.  If both parties have health care coverage
100.10 	that meets the minimum requirements, the court must determine
100.11 	which health care coverage is more comprehensive by considering
100.12 	whether the coverage includes:
100.13 	(i) basic dental coverage;
100.14 	(ii) orthodontia;
100.15 	(iii) eyeglasses;
100.16 	(iv) contact lenses;
100.17 	(v) mental health services; or 
100.18 	(vi) substance abuse treatment;
100.19 	(3) affordable coverage.  Dependent health care coverage is
100.20 	affordable if a party's gross income is 150 percent of the
100.21 	federal poverty guidelines or more and the party's contribution
100.22 	to the health care coverage premium does not exceed five percent
100.23 	of the party's gross income.  If a party's gross income is less
100.24 	than 150 percent of the federal poverty guidelines, it is
100.25 	presumed that the party is unable to contribute to the cost of
100.26 	health care coverage unless health care is available at no or
100.27 	low cost to that party; and 
100.28 	(4) the child's special medical needs, if any.
100.29 	(b) If both parties have health care coverage available for
100.30 	a child, and the court determines under paragraph (a), clauses
100.31 	(1) and (2), that the available coverage is comparable with
100.32 	regard to accessibility and comprehensiveness, the least costly
100.33 	health care coverage is the appropriate health care coverage for
100.34 	the child.
100.35 		Subd. 4.Ordering health care coverage. (a) If a child
100.36 	is presently enrolled in health care coverage, the court must
101.1 	order that the parent who currently has the child enrolled
101.2 	continue that enrollment unless the parties agree otherwise or a
101.3 	party requests a change in coverage and the court determines
101.4 	that other health care coverage is more appropriate.
101.5 	(b) If a child is not presently enrolled in health care
101.6 	coverage, upon motion of a party or the public authority, the
101.7 	court must determine whether one or both parties have
101.8 	appropriate health care coverage for the child and order the
101.9 	party with appropriate health care coverage available to carry
101.10 	the coverage for the child.
101.11 	(c) If only one party has appropriate health care coverage
101.12 	available, the court must order that party to carry the coverage
101.13 	for the child.
101.14 	(d) If both parties have appropriate health care coverage
101.15 	available, the court must order the parent with whom the child
101.16 	resides to carry the coverage for the child, unless:
101.17 	(1) either party expresses a preference for coverage
101.18 	available through the parent with whom the child does not
101.19 	reside;
101.20 	(2) the parent with whom the child does not reside is
101.21 	already carrying dependent health care coverage for other
101.22 	children and the cost of contributing to the premiums of the
101.23 	other parent's coverage would cause the parent with whom the
101.24 	child does not reside extreme hardship; or 
101.25 	(3) the parents agree to provide coverage and agree on the
101.26 	allocation of costs.
101.27 	(e) If the exception in paragraph (d), clause (1) or (2)
101.28 	applies, the court must determine which party has the most
101.29 	appropriate coverage available and order that party to carry
101.30 	coverage for the child.  If the court determines under
101.31 	subdivision 3, paragraph (a), clauses (1) and (2), that the
101.32 	parties' health care coverage for the child is comparable with
101.33 	regard to accessibility and comprehensiveness, the court must
101.34 	order the party with the least costly health care coverage to
101.35 	carry coverage for the child.
101.36 	(f) If neither party has appropriate health care coverage
102.1 	available, the court must order the parent with whom the child
102.2 	does not reside to contribute toward the cost of public coverage
102.3 	for the child or the child's uninsured medical expenses in an
102.4 	amount equal to the lesser of:
102.5 	(1) five percent of gross income; or 
102.6 	(2) the monthly amount the parent with whom the child does
102.7 	not reside would pay for the child's premiums if the parent's
102.8 	income meets the eligibility requirements for public coverage.
102.9 	For purposes of determining the premium amount, a parent's
102.10 	household size is equal to the parent plus the child who is the
102.11 	subject of the child support order.  The court may order the
102.12 	parent with whom the child resides to apply for public coverage
102.13 	for the child.
102.14 	(g) The commissioner of human services must publish a table
102.15 	with the premium schedule for public coverage and update the
102.16 	chart for changes to the schedule by July 1 of each year.
102.17 		Subd. 5.Medical support costs; unreimbursed and
102.18 	uninsured medical expenses. (a) Unless otherwise agreed to by
102.19 	the parties and approved by the court, the court must order that
102.20 	the cost of health care coverage and all unreimbursed and
102.21 	uninsured medical expenses be divided between the obligor and
102.22 	obligee based on their proportionate share of the parties'
102.23 	combined monthly income, as determined under section 517C.12.
102.24 	(b) If a party owes a child support obligation for a child
102.25 	and is ordered to carry health care coverage for the child, and
102.26 	the other party is ordered to contribute to the carrying party's
102.27 	cost for coverage, the carrying party's child support payment
102.28 	must be reduced by the amount of the contributing party's
102.29 	contribution.
102.30 	(c) If a party owes a child support obligation for a child
102.31 	and is ordered to contribute to the other party's cost for
102.32 	carrying health care coverage for the child, the contributing
102.33 	party's child support payment must be increased by the amount of
102.34 	the contribution.
102.35 	(d) If a party's obligation for health care coverage
102.36 	premiums is greater than five percent of the party's gross
103.1 	income, the court may order the other party to contribute more
103.2 	for the cost of the premiums, if doing so would not result in
103.3 	extreme hardship to that party.  If an additional contribution
103.4 	causes a party extreme hardship, the court must order the
103.5 	obligor to contribute the lesser of the two amounts under
103.6 	subdivision 4, paragraph (f).
103.7 	(e) If the party ordered to carry health care coverage for
103.8 	the child already carries dependent health care coverage for
103.9 	other dependents and would incur no additional premium costs to
103.10 	add the child to the existing coverage, the court must not order
103.11 	the other party to contribute to the premium costs for coverage
103.12 	of the child.
103.13 	(f) If a party ordered to carry health care coverage for
103.14 	the child does not already carry dependent health care coverage
103.15 	but has other dependents who may be added to the ordered
103.16 	coverage, the full premium costs of the dependent health care
103.17 	coverage must be allocated between the parties in proportion to
103.18 	the party's share of the parties' combined income, unless the
103.19 	parties agree otherwise.
103.20 	(g) If a party ordered to carry health care coverage for
103.21 	the child is required to enroll in a health plan so that the
103.22 	child can be enrolled in dependent health care coverage under
103.23 	the plan, the court must allocate the costs of the dependent
103.24 	health care coverage between the parties.  The costs of the
103.25 	health care coverage for the party ordered to carry the coverage
103.26 	for the child must not be allocated between the parties.
103.27 	Subd. 6.[NOTICE OR COURT ORDER SENT TO PARTY'S EMPLOYER,
103.28 	UNION, OR HEALTH CARRIER.] (a) The public authority must forward
103.29 	a copy of the national medical support notice or court order for
103.30 	health care coverage to the party's employer within two business
103.31 	days after the date the party is entered into the work reporting
103.32 	system under section 256.998.
103.33 	(b) The public authority or a party seeking to enforce an
103.34 	order for health care coverage must forward a copy of the
103.35 	national medical support notice or court order to the obligor's
103.36 	employer or union, or to the health carrier under the following
104.1 	circumstances:
104.2 	(1) the party ordered to carry health care coverage for the
104.3 	child fails to provide written proof to the other party or the
104.4 	public authority, within 30 days of the effective date of the
104.5 	court order, that the party has applied for health care coverage
104.6 	for the child;
104.7 	(2) the party seeking to enforce the order or the public
104.8 	authority gives written notice to the party ordered to carry
104.9 	health care coverage for the child of its intent to enforce
104.10 	medical support.  The party seeking to enforce the order or
104.11 	public authority must mail the written notice to the last known
104.12 	address of the party ordered to carry health care coverage for
104.13 	the child; and 
104.14 	(3) the party ordered to carry health care coverage for the
104.15 	child fails, within 15 days after the date on which the written
104.16 	notice under clause (2) was mailed, to provide written proof to
104.17 	the other party or the public authority that the party has
104.18 	applied for health care coverage for the child.
104.19 	(c) The public authority is not required to forward a copy
104.20 	of the national medical support notice or court order to the
104.21 	obligor's employer or union, or to the health carrier, if the
104.22 	court orders health care coverage for the child that is not
104.23 	employer-based or union-based coverage.
104.24 		Subd. 7.Employer or union requirements. (a) An employer
104.25 	or union must forward the national medical support notice or
104.26 	court order to its health plan within 20 business days after the
104.27 	date on the national medical support notice or after receipt of
104.28 	the court order.
104.29 	(b) Upon determination by an employer's or union's health
104.30 	plan administrator that a child is eligible to be covered under
104.31 	the health plan, the employer or union and health plan must
104.32 	enroll the child as a beneficiary in the health plan, and the
104.33 	employer must withhold any required premiums from the income or
104.34 	wages of the party ordered to carry health care coverage for the
104.35 	child.
104.36 	(c) If enrollment of the party ordered to carry health care
105.1 	coverage for a child is necessary to obtain dependent health
105.2 	care coverage under the plan, and the party is not enrolled in
105.3 	the health plan, the employer or union must enroll the party in
105.4 	the plan.
105.5 	(d) Enrollment of dependents and, if necessary, the party
105.6 	ordered to carry health care coverage for the child must be
105.7 	immediate and not dependent upon open enrollment periods.
105.8 	Enrollment is not subject to the underwriting policies under
105.9 	section 62A.048.
105.10 	(e) Failure of the party ordered to carry health care
105.11 	coverage for the child to execute any documents necessary to
105.12 	enroll the dependent in the health plan does not affect the
105.13 	obligation of the employer or union and health plan to enroll
105.14 	the dependent in a plan.  Information and authorization provided
105.15 	by the public authority, or by a party or guardian, is valid for
105.16 	the purposes of meeting enrollment requirements of the health
105.17 	plan.
105.18 	(f) An employer or union that is included under the federal
105.19 	Employee Retirement Income Security Act of 1974 (ERISA), United
105.20 	States Code, title 29, section 1169(a), may not deny enrollment
105.21 	to the child or to the parent if necessary to enroll the child
105.22 	based on exclusionary clauses described in section 62A.048.
105.23 	(g) A new employer or union of a party who is ordered to
105.24 	provide health care coverage for a child must enroll the child
105.25 	in the party's health plan as required by a national medical
105.26 	support notice or court order.
105.27 		Subd. 8.Health plan requirements. (a) If a health plan
105.28 	administrator receives a completed national medical support
105.29 	notice or court order, the plan administrator must notify the
105.30 	parties, and the public authority if the public authority
105.31 	provides support enforcement services, within 40 business days
105.32 	after the date of the notice or after receipt of the court
105.33 	order, of the following:
105.34 	(1) whether coverage is available to the child under the
105.35 	terms of the health plan and, if not, the reason why coverage is
105.36 	not available;
106.1 	(2) whether the child is covered under the health plan;
106.2 	(3) the effective date of the child's coverage under the
106.3 	health plan; and 
106.4 	(4) what steps, if any, are required to effectuate the
106.5 	child's coverage under the health plan.
106.6 	(b) If the employer or union offers more than one plan and
106.7 	the national medical support notice or court order does not
106.8 	specify the plan to be carried, the plan administrator must
106.9 	notify the parents and the public authority if the public
106.10 	authority provides support enforcement services.  When there is
106.11 	more than one option available under the plan, the public
106.12 	authority, in consultation with the parent with whom the child
106.13 	resides, must promptly select from available plan options.
106.14 	(c) The plan administrator must provide the parents and
106.15 	public authority, if the public authority provides support
106.16 	enforcement services, with a notice of the child's enrollment,
106.17 	description of the coverage, and any documents necessary to
106.18 	effectuate coverage.
106.19 	(d) The health plan must send copies of all correspondence
106.20 	regarding the health care coverage to the parents.
106.21 	(e) An insured child's parent's signature is a valid
106.22 	authorization to a health plan for purposes of processing an
106.23 	insurance reimbursement payment to the medical services provider
106.24 	or to the parent, if medical services have been prepaid by that
106.25 	parent.
106.26 		Subd. 9.Employer or union liability. (a) An employer or
106.27 	union that willfully fails to comply with the order or notice is
106.28 	liable for any uninsured medical expenses incurred by the
106.29 	dependents while the dependents were eligible to be enrolled in
106.30 	the health plan and for any other premium costs incurred because
106.31 	the employer or union willfully failed to comply with the order
106.32 	or notice.
106.33 	(b) An employer or union that fails to comply with the
106.34 	order or notice is subject to a contempt finding, a $250 civil
106.35 	penalty under section 517C.57, and is subject to a civil penalty
106.36 	of $500 to be paid to the party entitled to reimbursement or the
107.1 	public authority.  Penalties paid to the public authority are
107.2 	designated for child support enforcement services.
107.3 		Subd. 10.Contesting enrollment. (a) A party may contest
107.4 	a child's enrollment in a health plan on the limited grounds
107.5 	that the enrollment is improper due to mistake of fact or that
107.6 	the enrollment meets the requirements of section 517C.26.
107.7 	(b) If the party chooses to contest the enrollment, the
107.8 	party must do so no later than 15 days after the employer
107.9 	notifies the party of the enrollment by doing the following:
107.10 	(1) filing a motion in district court or according to
107.11 	section 484.702 and the expedited child support process rules if
107.12 	the public authority provides support enforcement services;
107.13 	(2) serving the motion on the other party and public
107.14 	authority if the public authority provides support enforcement
107.15 	services; and 
107.16 	(3) securing a date for the matter to be heard no later
107.17 	than 45 days after the notice of enrollment.
107.18 	(c) The enrollment must remain in place while the party
107.19 	contests the enrollment.
107.20 		Subd. 11.Disenrollment; continuation of coverage;
107.21 	coverage options. (a) Unless a court order provides otherwise,
107.22 	a child for whom a party is required to provide health care
107.23 	coverage under this section must be covered as a dependent of
107.24 	the party until the child is emancipated, until further order of
107.25 	the court, or as consistent with the terms of the coverage.
107.26 	(b) The health carrier, employer, or union may not
107.27 	disenroll or eliminate coverage for the child unless:
107.28 	(1) the health carrier, employer, or union is provided
107.29 	satisfactory written evidence that the court order is no longer
107.30 	in effect;
107.31 	(2) the child is or will be enrolled in comparable health
107.32 	care coverage through another health plan that will take effect
107.33 	no later than the effective date of the disenrollment;
107.34 	(3) the employee is no longer eligible for dependent
107.35 	coverage; or 
107.36 	(4) the required premium has not been paid by or on behalf
108.1 	of the child.
108.2 	(c) The health plan must provide 30 days' written notice to
108.3 	the child's parents, and the public authority if the public
108.4 	authority provides support enforcement services, before the
108.5 	health plan disenrolls or eliminates the child's coverage.
108.6 	(d) A child enrolled in health care coverage under a
108.7 	qualified medical child support order, including a national
108.8 	medical support notice, under this section is a dependent and a
108.9 	qualified beneficiary under the Consolidated Omnibus Budget and
108.10 	Reconciliation Act of 1985 (COBRA), Public Law 99-272.  Upon
108.11 	expiration of the order, the child is entitled to the
108.12 	opportunity to elect continued coverage that is available under
108.13 	the health plan.  The employer or union must provide notice to
108.14 	the parties and the public authority, if it provides support
108.15 	services, within ten days of the termination date.
108.16 	(e) If the public authority provides support enforcement
108.17 	services and a plan administrator reports to the public
108.18 	authority that there is more than one coverage option available
108.19 	under the health plan, the public authority, in consultation
108.20 	with the parent with whom the child resides, must promptly
108.21 	select coverage from the available options.
108.22 		Subd. 12.Spousal or former spousal coverage. The court
108.23 	must require the parent with whom the child does not reside to
108.24 	provide dependent health care coverage for the benefit of the
108.25 	parent with whom the child resides if the parent is ordered to
108.26 	provide dependent health care coverage for the parties' child
108.27 	and adding the other parent to the coverage results in no
108.28 	additional premium cost.
108.29 		Subd. 13.Disclosure of information. (a) If the public
108.30 	authority provides support enforcement services, the parties
108.31 	must provide the public authority with the following information:
108.32 	(1) information relating to dependent health care coverage
108.33 	or public coverage available for the benefit of the child for
108.34 	whom support is sought, including all information required to be
108.35 	included in a medical support order under this section;
108.36 	(2) verification that application for court-ordered health
109.1 	care coverage was made within 30 days of the court's order; and 
109.2 	(3) the reason that a child is not enrolled in
109.3 	court-ordered health care coverage, if a child is not enrolled
109.4 	in coverage or subsequently loses coverage.
109.5 	(b) Upon request from the public authority under section
109.6 	256.978, an employer, union, or plan administrator, including an
109.7 	employer subject to the federal Employee Retirement Income
109.8 	Security Act of 1974 (ERISA), United States Code, title 29,
109.9 	section 1169(a), must provide the public authority the following
109.10 	information:
109.11 	(1) information relating to dependent health care coverage
109.12 	available to a party for the benefit of the child for whom
109.13 	support is sought, including all information required to be
109.14 	included in a medical support order under this section; and 
109.15 	(2) information that will enable the public authority to
109.16 	determine whether a health plan is appropriate for a child,
109.17 	including, but not limited to, all available plan options, any
109.18 	geographic service restrictions, and the location of service
109.19 	providers.
109.20 	(c) The employer, union, or plan administrator must not
109.21 	release information regarding one party to the other party.  The
109.22 	employer, union, or plan administrator must provide both parties
109.23 	with insurance identification cards and all necessary written
109.24 	information to enable the parties to utilize the insurance
109.25 	benefits for the covered dependent.
109.26 	(d) The public authority is authorized to release to a
109.27 	party's employer, union, or health plan information necessary to
109.28 	verify availability of dependent health care coverage, or to
109.29 	establish, modify, or enforce medical support.
109.30 	(e) An employee must disclose to an employer if medical
109.31 	support is required to be withheld under this section and the
109.32 	employer must begin withholding according to the terms of the
109.33 	order and under section 517C.52.  If an employee discloses an
109.34 	obligation to obtain health care coverage and coverage is
109.35 	available through the employer, the employer must make all
109.36 	application processes known to the individual and enroll the
110.1 	employee and dependent in the plan.
110.2 		Subd. 14.Child support enforcement services. The public
110.3 	authority must take necessary steps to establish and enforce an
110.4 	order for medical support if the child receives public
110.5 	assistance or a party completes an application for services from
110.6 	the public authority under section 517C.38, subdivision 2.
110.7 		Subd. 15.Enforcement. (a) Remedies available for
110.8 	collecting and enforcing child support apply to medical support.
110.9 	(b) For the purpose of enforcement, the following are
110.10 	additional support:
110.11 	(1) the costs of individual or group health or
110.12 	hospitalization coverage;
110.13 	(2) dental coverage;
110.14 	(3) medical costs ordered by the court to be paid by either
110.15 	party, including health and dental insurance premiums paid by
110.16 	the obligee because of the obligor's failure to obtain coverage
110.17 	as ordered; and 
110.18 	(4) liabilities established under this subdivision.
110.19 	(c) A party who fails to carry court-ordered dependent
110.20 	health care coverage is liable for the child's uninsured medical
110.21 	expenses unless a court order provides otherwise.  A party's
110.22 	failure to carry court-ordered coverage, or to provide other
110.23 	medical support as ordered, is a basis for modification of a
110.24 	support order under section 517C.28.
110.25 	(d) Payments by the health carrier or employer for services
110.26 	rendered to the dependents that are directed to a party not owed
110.27 	reimbursement must be endorsed over to and forwarded to the
110.28 	vendor or appropriate party or the public authority.  A party
110.29 	retaining insurance reimbursement not owed to the party is
110.30 	liable for the amount of the reimbursement.
110.31 		Subd. 16.Income withholding; offset. (a) If a party
110.32 	owes no child support obligation for a child and is an obligor
110.33 	ordered to contribute to the other party's cost for carrying
110.34 	health care coverage for the child, the obligor is subject to an
110.35 	offset under subdivision 5 or income withholding under section
110.36 	517C.52.
111.1 	(b) If a party's court-ordered health care coverage for the
111.2 	child terminates and the child is not enrolled in other health
111.3 	care coverage or public coverage, and a modification motion is
111.4 	not pending, the public authority may remove the offset to a
111.5 	party's child support obligation or terminate income withholding
111.6 	instituted against a party under section 517C.52.  The public
111.7 	authority must provide notice to the parties of the action.
111.8 	(c) A party may contest the public authority's action to
111.9 	remove the offset to the child support obligation or terminate
111.10 	income withholding if the party makes a written request for a
111.11 	hearing within 30 days after receiving written notice.  If a
111.12 	party makes a timely request for a hearing, the public authority
111.13 	must schedule a hearing and send written notice of the hearing
111.14 	to the parties by mail to the parties' last known addresses at
111.15 	least 14 days before the hearing.  The hearing must be conducted
111.16 	in district court or in the expedited child support process if
111.17 	section 484.702 applies.  The district court or child support
111.18 	magistrate must determine whether removing the offset or
111.19 	terminating income withholding is appropriate and, if
111.20 	appropriate, the effective date for the removal or termination.
111.21 	(d) If the party does not request a hearing, the district
111.22 	court or child support magistrate must order the offset or
111.23 	income withholding termination effective the first day of the
111.24 	month following termination of the child's health care coverage.
111.25 		Subd. 17.Collecting unreimbursed and uninsured medical
111.26 	expenses. (a) A party must initiate a request for reimbursement
111.27 	of unreimbursed and uninsured medical expenses within two years
111.28 	of the date that the party incurred the unreimbursed or
111.29 	uninsured medical expenses.  The time period in this paragraph
111.30 	does not apply if the location of the other party is unknown.
111.31 	(b) A party seeking reimbursement of unreimbursed and
111.32 	uninsured medical expenses must mail a written notice of intent
111.33 	to collect the expenses and a copy of an affidavit of health
111.34 	care expenses to the other party at the other party's last known
111.35 	address.
111.36 	(c) The written notice must include a statement that the
112.1 	party has 30 days from the date the notice was mailed to (1) pay
112.2 	in full; (2) enter a payment agreement; or (3) file a motion
112.3 	requesting a hearing contesting the matter.  If the public
112.4 	authority provides support enforcement services, the written
112.5 	notice also must include a statement that the requesting party
112.6 	must submit the amount due to the public authority for
112.7 	collection.
112.8 	(d) The affidavit of health care expenses must itemize and
112.9 	document the child's unreimbursed or uninsured medical expenses
112.10 	and include copies of all bills, receipts, and insurance company
112.11 	explanations of benefits.
112.12 	(e) If the public authority provides support enforcement
112.13 	services, the party seeking reimbursement must send to the
112.14 	public authority a copy of the written notice, the original
112.15 	affidavit, and copies of all bills, receipts, and insurance
112.16 	company explanations of benefits.
112.17 	(f) If the party does not respond to the request for
112.18 	reimbursement within 30 days, the party seeking reimbursement or
112.19 	public authority, if the public authority provides support
112.20 	enforcement services, must commence an enforcement action
112.21 	against the party under subdivision 18.
112.22 	(g) The public authority must serve the other party with a
112.23 	notice of intent to enforce unreimbursed and uninsured medical
112.24 	expenses and file an affidavit of service by mail with the
112.25 	district court administrator.  The notice must state that,
112.26 	unless the party (1) pays in full; (2) enters into a payment
112.27 	agreement; or (3) files a motion contesting the matter within 14
112.28 	days of service of the notice, the public authority will
112.29 	commence enforcement of the expenses as medical support arrears
112.30 	under subdivision 18.
112.31 	(h) If the party files a timely motion for a hearing
112.32 	contesting the requested reimbursement, the contesting party
112.33 	must schedule a hearing in district court or in the expedited
112.34 	child support process if section 484.702 applies.  The
112.35 	contesting party must provide the party seeking reimbursement
112.36 	and the public authority, if the public authority provides
113.1 	support enforcement services, with written notice of the hearing
113.2 	at least 14 days before the hearing by mailing notice of the
113.3 	hearing to the public authority and the party at the party's
113.4 	last known address.  The party seeking reimbursement must file
113.5 	the original affidavit of health care expenses with the court at
113.6 	least five days before the hearing.  Based upon the evidence
113.7 	presented, the district court or child support magistrate must
113.8 	determine liability for the expenses and order that the liable
113.9 	party is subject to enforcement of the expenses as medical
113.10 	support arrears under subdivision 18.
113.11 		Subd. 18.Enforcing an order for medical support
113.12 	arrears. (a) If a party liable for unreimbursed and uninsured
113.13 	medical expenses owes a child support obligation to the party
113.14 	seeking reimbursement of the expenses, the expenses must be
113.15 	collected as medical support arrears.
113.16 	(b) If a party liable for unreimbursed and uninsured
113.17 	medical expenses does not owe a child support obligation to the
113.18 	party seeking reimbursement, and the party seeking reimbursement
113.19 	owes the liable party basic support arrears, the liable party's
113.20 	medical support arrears must be deducted from the amount of the
113.21 	basic support arrears.
113.22 	(c) If a liable party owes medical support arrears after
113.23 	deducting the amount owed from the amount of the child support
113.24 	arrears owed by the party seeking reimbursement, it must be
113.25 	collected as follows:
113.26 	(1) if the party seeking reimbursement owes a child support
113.27 	obligation to the liable party, the child support obligation
113.28 	must be reduced by 20 percent until the medical support arrears
113.29 	are satisfied;
113.30 	(2) if the party seeking reimbursement does not owe a child
113.31 	support obligation to the liable party, the liable party's
113.32 	income must be subject to income withholding under section
113.33 	517C.52 for an amount required under section 517C.71 until the
113.34 	medical support arrears are satisfied; or 
113.35 	(3) if the party seeking reimbursement does not owe a child
113.36 	support obligation, and income withholding under section 517C.52
114.1 	is not available, payment of the medical support arrears must be
114.2 	required under a payment agreement under section 517C.71.
114.3 	(d) If a liable party fails to enter into or comply with a
114.4 	payment agreement, the party seeking reimbursement or the public
114.5 	authority, if it provides support enforcement services, may
114.6 	schedule a hearing to have a court order payment.  The party
114.7 	seeking reimbursement or the public authority must provide the
114.8 	liable party with written notice of the hearing at least 14 days
114.9 	before the hearing.

114.10 	Sec. 15. [517C.18] SELF-SUPPORT ADJUSTMENT.
114.11 		Subdivision 1.Adjustment. (a) If the sum of the
114.12 	obligor's basic support, child care support, and medical support
114.13 	obligation leaves the obligor with remaining income in an amount
114.14 	less than 120 percent of the federal poverty guidelines for one
114.15 	person, the court must reduce the obligor's child support
114.16 	obligation by an amount equal to the lesser of:  (1) the
114.17 	difference between the obligor's remaining income and 120
114.18 	percent of the federal poverty guidelines amount; or (2) the
114.19 	obligor's total child support obligation.  If the self-support
114.20 	adjustment results in an order amount less than $50 per month
114.21 	for one or two children or $75 per month for three or more
114.22 	children, the court must order basic support under subdivision 2.
114.23 	(b) The court must apply the reduction to the obligor's
114.24 	child support obligation in the following order:
114.25 	(1) medical support obligation;
114.26 	(2) child care support obligation; and 
114.27 	(3) basic support obligation.
114.28 		Subd. 2.Minimum basic support amount. (a) If the
114.29 	reduction under subdivision 1 equals the sum of the obligor's
114.30 	basic support, child care support, and medical support
114.31 	obligation, the court must order support as follows:
114.32 	(1) for one or two children, the obligor's basic support
114.33 	obligation is $50 per month; or 
114.34 	(2) for three or more children, the obligor's basic support
114.35 	obligation is $75 per month.
114.36 	(b) If the court orders the obligor to pay the minimum
115.1 	basic support amount under this subdivision, the obligor is
115.2 	presumed unable to pay child care support and medical support.
115.3 	(c) If the court finds that an obligor receives no income
115.4 	and completely lacks the ability to earn income, the minimum
115.5 	basic support amount under this subdivision does not apply.

115.6 	Sec. 16. [517C.19] WORKSHEET.
115.7 	The commissioner of human services must create and publish
115.8 	a worksheet to assist in calculating child support under
115.9 	sections 517C.12 to 517C.18.  The worksheet must not impose
115.10 	substantive requirements other than requirements contained in
115.11 	sections 517C.12 to 517C.18.  The commissioner must update the
115.12 	worksheet by July 1 of each year.  The commissioner must make an
115.13 	interactive version of the worksheet available on the Department
115.14 	of Human Services Web site.

115.15 	Sec. 17. [517C.20] DEVIATIONS.
115.16 		Subdivision 1.General factors. In addition to the child
115.17 	support guidelines, the court must take into consideration the
115.18 	following factors in setting or modifying child support or in
115.19 	determining whether to deviate from the guidelines:
115.20 	(1) all earnings, income, and resources of the parents,
115.21 	including real and personal property, but excluding income from
115.22 	excess employment of the obligor or obligee that meets the
115.23 	criteria of section 517C.12, subdivision 6;
115.24 	(2) the financial needs and resources, physical and
115.25 	emotional condition, and educational needs of the child to be
115.26 	supported;
115.27 	(3) the standard of living the child would have enjoyed had
115.28 	the marriage not been dissolved, but recognizing that the
115.29 	parents now have separate households;
115.30 	(4) which parent receives the income taxation dependency
115.31 	exemption and the financial benefit the parent receives from it;
115.32 	(5) the parents' debts as provided in subdivision 2;
115.33 	(6) the obligor's receipt of public assistance under the
115.34 	AFDC program formerly codified under sections 256.72 to 256.82
115.35 	or 256B.01 to 256B.40 and chapter 256J or 256K;
115.36 	(7) the child spends between 33 and 45 percent of
116.1 	overnights with the obligor pursuant to a court order or with
116.2 	the consent of the obligee, which results in an increased
116.3 	financial burden on the obligor; and 
116.4 	(8) the best interests of the child.
116.5 		Subd. 2.Debt owed to private creditors. (a) In
116.6 	establishing or modifying a support obligation, the court may
116.7 	consider debts owed to private creditors, but only if:
116.8 	(1) the right to support has not been assigned under
116.9 	section 256.741;
116.10 	(2) the court determines that the debt was reasonably
116.11 	incurred for necessary support of the child or parent or for the
116.12 	necessary generation of income.  If the debt was incurred for
116.13 	the necessary generation of income, the court may consider only
116.14 	the amount of debt that is essential to the continuing
116.15 	generation of income; and 
116.16 	(3) the party requesting a departure produces a sworn
116.17 	schedule of the debts, with supporting documentation, showing
116.18 	goods or services purchased, the recipient of them, the original
116.19 	debt amount, the outstanding balance, the monthly payment, and
116.20 	the number of months until the debt will be fully paid.
116.21 	(b) A schedule prepared under paragraph (a), clause (3),
116.22 	must contain a statement that the debt will be fully paid after
116.23 	the number of months shown in the schedule, barring emergencies
116.24 	beyond the party's control.
116.25 	(c) Any further departure below the guidelines that is
116.26 	based on a consideration of debts owed to private creditors must
116.27 	not exceed 18 months in duration.  After 18 months the support
116.28 	must increase automatically to the level ordered by the court.
116.29 	This section does not prohibit one or more step increases in
116.30 	support to reflect debt retirement during the 18-month period.
116.31 	(d) If payment of debt is ordered pursuant to this section,
116.32 	the payment must be ordered to be in the nature of child support.
116.33 		Subd. 3.Evidence. The court may receive evidence on the
116.34 	factors in this section to determine if the guidelines should be
116.35 	exceeded or modified in a particular case.
116.36 		Subd. 4.No deviation when payments are assigned to
117.1 	public authority except for extreme hardship. If the child
117.2 	support payments are assigned to the public authority under
117.3 	section 256.741, the court may not deviate downward from the
117.4 	child support guidelines unless the court specifically finds
117.5 	that the failure to deviate downward would impose an extreme
117.6 	hardship on the obligor.
117.7 		Subd. 5.No departure based on joint legal custody. An
117.8 	award of joint legal custody is not a reason for departure from
117.9 	the guidelines.

117.10 	Sec. 18. [517C.21] WRITTEN FINDINGS.
117.11 		Subdivision 1.No deviation. If the court does not
117.12 	deviate from the guidelines, the court must make written
117.13 	findings concerning the amount of the parties' income used as
117.14 	the basis for the guidelines calculation and any other
117.15 	significant evidentiary factors affecting the child support
117.16 	determination.
117.17 		Subd. 2.Deviation. (a) If the court deviates from the
117.18 	guidelines, the court must make written findings giving the
117.19 	amount of support calculated under the guidelines, the reasons
117.20 	for the deviation, and must specifically address the criteria in
117.21 	section 517C.20 and how the deviation serves the best interests
117.22 	of the child.
117.23 	(b) The court may deviate from the guidelines if both
117.24 	parties agree and the court makes written findings that it is in
117.25 	the best interests of the child, except that in cases where
117.26 	child support payments are assigned to the public authority
117.27 	under section 256.741, the court may deviate downward only as
117.28 	provided in section 517C.20, subdivision 4.  Nothing in this
117.29 	section prohibits the court from deviating in other cases.
117.30 		Subd. 3.Written findings required in every case. The
117.31 	provisions of this section apply whether or not the parties are
117.32 	each represented by independent counsel and have entered into a
117.33 	written agreement.  The court must review stipulations presented
117.34 	to it for conformity to the guidelines.  The court is not
117.35 	required to conduct a hearing, but the parties must provide the
117.36 	documentation of earnings required under section 517C.10.

118.1 	Sec. 19. [517C.22] GUIDELINES REVIEW.
118.2 	No later than 2008 and every four years after that, the
118.3 	department of human services must conduct a review of the child
118.4 	support guidelines.

118.5 	Sec. 20. [517C.23] EDUCATION TRUST FUND.
118.6 	The parties may agree to designate a sum of money above
118.7 	court-ordered child support as a trust fund for the costs of
118.8 	postsecondary education.

118.9 	Sec. 21. [517C.25] MODIFICATION; GENERAL.
118.10 		Subdivision 1.Authority. After a child support order is
118.11 	established, the court may, on motion of a party or the public
118.12 	authority, modify the order respecting the amount and payment of
118.13 	support.  The court may make an order respecting any matters it
118.14 	had authority to address in the original proceeding, except as
118.15 	otherwise provided in section 517C.29.  A party or the public
118.16 	authority also may make a motion for contempt of court if the
118.17 	obligor is in arrears in support payments.
118.18 		Subd. 2.Guidelines remain applicable. On a motion for
118.19 	modification of support, the guidelines in this chapter remain
118.20 	applicable.
118.21 		Subd. 3.Evidentiary hearing not required. The court
118.22 	need not hold an evidentiary hearing on a motion for child
118.23 	support modification.
118.24 		Subd. 4.Form. The state court administrator must
118.25 	prepare and make available to courts, obligors, and obligees a
118.26 	form to be submitted in support of a motion for a child support
118.27 	modification or for contempt of court.

118.28 	Sec. 22. [517C.26] REOPENING AN ORDER.
118.29 		Subdivision 1.Factors. Upon a party's motion, the court
118.30 	may rescind a child support order or judgment and may order a
118.31 	new trial or grant other relief as may be just for the following
118.32 	reasons:
118.33 	(1) mistake, inadvertence, surprise, or excusable neglect;
118.34 	(2) newly discovered evidence that could not have been
118.35 	discovered by due diligence in time to move for a new trial
118.36 	under the rules of civil procedure;
119.1 	(3) fraud, whether denominated intrinsic or extrinsic,
119.2 	misrepresentation, or other misconduct of an adverse party;
119.3 	(4) the judgment or order is void;
119.4 	(5) the judgment has been satisfied, released, or
119.5 	discharged;
119.6 	(6) the judgment is based on a prior order that has been
119.7 	reversed or otherwise vacated; or 
119.8 	(7) it is no longer equitable that the order should have
119.9 	prospective application.
119.10 		Subd. 2.Procedure; effect. A party's motion must be
119.11 	made within a reasonable time, and, for a reason under
119.12 	subdivision 1, clause (1), (2), or (3), not more than one year
119.13 	after the judgment and decree, order, or proceeding was entered
119.14 	or taken.  A motion under this section does not affect the
119.15 	finality of an order or suspend its operation.  This section
119.16 	does not limit the power of a court to entertain an independent
119.17 	action to relieve a party from an order or proceeding or to
119.18 	grant relief to a party not actually personally notified as
119.19 	provided in the Minnesota Rules of Civil Procedure, or to set
119.20 	aside a judgment for fraud upon the court.

119.21 	Sec. 23. [517C.27] CHANGE IN CUSTODY OR PARENTING TIME.
119.22 		Subdivision 1.Official change in custody; child support
119.23 	suspended. If an obligee has been granted sole physical custody
119.24 	of a child, the child subsequently lives with the obligor, and
119.25 	temporary sole physical custody has been approved by the court
119.26 	or by a court-appointed referee, the court may suspend the
119.27 	obligor's child support obligation pending the final custody
119.28 	determination.  The court's order denying the suspension of
119.29 	child support must include a written explanation of the reasons
119.30 	why continuation of the child support obligation would be in the
119.31 	best interests of the child.
119.32 		Subd. 2.Unofficial change in custody; child support
119.33 	obligation satisfied. The court may conclude that an obligor
119.34 	has satisfied a child support obligation by providing a home,
119.35 	care, and support for the child while the child is living with
119.36 	the obligor, if the court finds that the child was integrated
120.1 	into the family of the obligor with the consent of the obligee
120.2 	and child support payments were not assigned to the public
120.3 	authority.
120.4 		Subd. 3.30-day change; child support reduced. A support
120.5 	order issued under this chapter may provide that, during any
120.6 	period of time of 30 consecutive days or longer that the child
120.7 	is residing with the obligor, the support amount otherwise due
120.8 	under the order may be reduced.

120.9 	Sec. 24. [517C.28] SUBSTANTIAL CHANGE IN CIRCUMSTANCES,
120.10 	EARNINGS, OR NEEDS.
120.11 		Subdivision 1.Factors. (a) A court may modify the terms
120.12 	of a child support order upon a showing of one or more of the
120.13 	following:
120.14 	(1) substantially increased or decreased earnings of a
120.15 	party;
120.16 	(2) substantially increased or decreased need of a party or
120.17 	the child that is the subject of these proceedings;
120.18 	(3) receipt of assistance under the AFDC program formerly
120.19 	codified under sections 256.72 to 256.87 or 256B.01 to 256B.40
120.20 	or chapter 256J or 256K;
120.21 	(4) a change in the cost of living for either party, as
120.22 	measured by the federal Bureau of Labor Statistics, that makes
120.23 	the terms unreasonable and unfair;
120.24 	(5) extraordinary medical expenses of the child not
120.25 	provided for under section 517C.17;
120.26 	(6) the addition of the obligee's work-related or
120.27 	education-related child care expenses or a substantial increase
120.28 	or decrease in existing work-related or education-related child
120.29 	care expenses; or 
120.30 	(7) upon the emancipation of a child if there is still a
120.31 	child under the order.  A child support obligation for two or
120.32 	more children that is not a support obligation in a specific
120.33 	amount per child continues in the full amount until modified or
120.34 	until the emancipation of the last child for whose benefit the
120.35 	order was made.
120.36 	(b) Implementation of this chapter is not a basis for
121.1 	modification unless the requirements under this section are met.
121.2 		Subd. 2.Presumptions. It is presumed that there has
121.3 	been a substantial change in circumstances under subdivision 1
121.4 	and the terms of a current support order are rebuttably presumed
121.5 	to be unreasonable and unfair if:
121.6 	(1) when applied to the parties' current circumstances, the
121.7 	presumptive child support amount derived under this chapter is
121.8 	at least 20 percent and at least $50 per month higher or lower
121.9 	than the current support order;
121.10 	(2) the medical support provisions of the order established
121.11 	under section 517C.17 are not enforceable by the public
121.12 	authority or the obligee;
121.13 	(3) health insurance coverage ordered under section 517C.17
121.14 	is not available to the child for whom the order is established
121.15 	by the parent ordered to provide it; or 
121.16 	(4) the existing support obligation is in the form of a
121.17 	statement of percentage and not a specific dollar amount.

121.18 	Sec. 25. [517C.29] MODIFICATION EFFECTIVE DATE.
121.19 		Subdivision 1.Date of motion determinative. A court may
121.20 	make a modification of support, including interest that accrued
121.21 	pursuant to section 548.091, effective no sooner than the date
121.22 	of service of notice of the motion for modification on the
121.23 	responding parties.
121.24 		Subd. 2.Retroactive modification permitted only in
121.25 	limited circumstances. Notwithstanding subdivision 1, a court
121.26 	may apply a modification to an earlier period if the court makes
121.27 	express findings that:
121.28 	(1) the party seeking modification was precluded from
121.29 	serving a motion by reason of a significant physical or mental
121.30 	disability, a material misrepresentation of another party, or
121.31 	fraud upon the court; and the party seeking modification, when
121.32 	no longer precluded, promptly served a motion;
121.33 	(2) the party seeking modification was a recipient of
121.34 	federal Supplemental Security Income (SSI), Title II Older
121.35 	Americans Insurance, Survivor's Disability Insurance (OASDI),
121.36 	other disability benefits, or public assistance based upon need
122.1 	during the period for which retroactive modification is sought;
122.2 	(3) the order the party seeks to amend was entered by
122.3 	default, the party shows good cause for not appearing, and the
122.4 	record contains no factual evidence, or clearly erroneous
122.5 	evidence, regarding the obligor's ability to pay; or 
122.6 	(4) the party seeking modification was institutionalized or
122.7 	incarcerated for an offense other than nonsupport of a child
122.8 	during the period for which retroactive modification is sought
122.9 	and lacked the financial ability to pay the support ordered
122.10 	during that time period.  In determining whether to allow the
122.11 	retroactive modification, the court must consider whether and
122.12 	when a request was made to the public authority for support
122.13 	modification.
122.14 		Subd. 3.Child care exception. The court may provide
122.15 	that a reduction in the amount allocated for child care expenses
122.16 	based on a substantial decrease in the expenses is effective as
122.17 	of the date the expenses decreased.

122.18 	Sec. 26. [517C.30] TERMINATION OF CHILD SUPPORT.
122.19 		Subdivision 1.Death of obligor. Unless otherwise agreed
122.20 	in writing or expressly provided in the order, provisions for a
122.21 	child's support are not terminated by the death of a parent
122.22 	obligated to support the child.  When a parent obligated to pay
122.23 	support dies, the amount of support may be modified, revoked, or
122.24 	commuted to a lump-sum payment, to the extent just and
122.25 	appropriate in the circumstances.
122.26 		Subd. 2.Automatic termination. (a) Unless a court order
122.27 	provides otherwise, a child support obligation in a specific
122.28 	amount per child terminates automatically and without any action
122.29 	by the obligor to reduce, modify, or terminate the order upon
122.30 	the child's emancipation.
122.31 	(b) A child support obligation for two or more children
122.32 	that is not a support obligation in a specific amount per child
122.33 	continues in the full amount until the emancipation of the last
122.34 	child for whose benefit the order was made, or until further
122.35 	order of the court.
122.36 	(c) The obligor may request a modification of the obligor's
123.1 	child support order upon a child's emancipation if there are
123.2 	still minor children under the order.  The court must determine
123.3 	the child support obligation based on the parties' income at the
123.4 	time the modification is sought.

123.5 	Sec. 27. [517C.31] COST-OF-LIVING ADJUSTMENTS.
123.6 		Subdivision 1.General. An order establishing,
123.7 	modifying, or enforcing child support must provide for a
123.8 	biennial adjustment in the amount to be paid based on a change
123.9 	in the cost of living.  Cost-of-living adjustments are
123.10 	compounded.
123.11 		Subd. 2.Waiver. A court may waive the requirement of
123.12 	the cost-of-living clause if it expressly finds that the
123.13 	obligor's occupation or income, or both, does not provide for
123.14 	cost-of-living adjustment or that the order for child support
123.15 	has a provision such as a step increase that has the effect of a
123.16 	cost-of-living clause.
123.17 		Subd. 3.Index; amount. (a) The court must specify the
123.18 	cost-of-living index to be applied in an order that provides for
123.19 	a cost-of-living adjustment.  The court may use the Consumer
123.20 	Price Index for All Urban Consumers, Minneapolis-St. Paul
123.21 	(CPI-U), the Consumer Price Index for Wage Earners and Clerical,
123.22 	Minneapolis-St. Paul (CPI-W), or another cost-of-living index
123.23 	published by the United States Department of Labor that the
123.24 	court specifically finds is more appropriate.
123.25 	(b) The court may increase the amount by more than the
123.26 	cost-of-living adjustment by agreement of the parties or by
123.27 	making further findings.
123.28 		Subd. 4.Effective date. If payment is made to the
123.29 	public authority, an adjustment is effective on May 1 of the
123.30 	year it is made.  If payment is not made to the public
123.31 	authority, an adjustment may be made in any month but no
123.32 	adjustment may be made sooner than two years after the date of
123.33 	the dissolution decree.  A support order must specify the
123.34 	effective date of cost-of-living adjustments.
123.35 		Subd. 5.Notice. A cost-of-living adjustment may not be
123.36 	made unless:
124.1 	(1) the support order requires it; and 
124.2 	(2) the obligee or public authority notifies the obligor of
124.3 	the adjustment by mail at the obligor's last known address at
124.4 	least 20 days before the effective date of the adjustment.  The
124.5 	notice must inform the obligor of the effective date of the
124.6 	adjustment, the right to contest the adjustment, and the
124.7 	procedures to contest the adjustment.
124.8 		Subd. 6.Procedure for contesting adjustment. (a) To
124.9 	contest a cost-of-living adjustment initiated by the public
124.10 	authority or an obligee who has applied for or is receiving
124.11 	child support collection services from the public authority,
124.12 	other than income withholding-only services, the obligor must:
124.13 	(1) file a motion contesting the cost-of-living adjustment
124.14 	with the court administrator; and 
124.15 	(2) serve the motion by first-class mail on the public
124.16 	authority and the obligee.
124.17 	The obligor must file and serve the motion before the effective
124.18 	date of the adjustment.  The hearing must take place in the
124.19 	expedited child support process under section 484.702.
124.20 	(b) To contest a cost-of-living adjustment initiated by an
124.21 	obligee who is not receiving child support collection services
124.22 	from the public authority, or for an obligee who receives income
124.23 	withholding-only services from the public authority, the obligor
124.24 	must:
124.25 	(1) file a motion contesting the cost-of-living adjustment
124.26 	with the court administrator; and 
124.27 	(2) serve the motion by first-class mail on the obligee.
124.28 	The obligor must file and serve the motion before the effective
124.29 	date of the adjustment.  The hearing must take place in district
124.30 	court.
124.31 	(c) Upon receipt of a motion contesting the cost-of-living
124.32 	adjustment, the public authority or court must stay the
124.33 	cost-of-living adjustment pending further order of the court.
124.34 		Subd. 7.Hearing. (a) At a hearing under this section,
124.35 	if the obligor establishes an insufficient increase in income to
124.36 	fulfill the adjusted child support obligation, the district
125.1 	court or child support magistrate may direct that all or part of
125.2 	the adjustment not take effect.
125.3 	(b) At a hearing under this section, if the obligor does
125.4 	not establish an insufficient increase in income, the adjustment
125.5 	must take effect as of the date originally specified in the
125.6 	support order.
125.7 		Subd. 8.Form. The state court administrator must
125.8 	prepare and make available to the court and obligors a pro se
125.9 	motion form to be submitted in support of a request for a
125.10 	hearing under this section.
125.11 		Subd. 9.Rules. The commissioner of human services may
125.12 	promulgate rules for child support adjustments under this
125.13 	section in accordance with the rulemaking provisions of chapter
125.14 	14.

125.15 	Sec. 28. [517C.35] ASSIGNMENT.
125.16 		Subdivision 1.General. The court must direct that all
125.17 	payments ordered for support be made to the public authority if
125.18 	the obligee is receiving or has applied for public assistance.
125.19 	Amounts received by the public authority greater than the amount
125.20 	granted to the obligee must be remitted to the obligee pursuant
125.21 	to federal requirements.
125.22 		Subd. 2.Judgments. The court administrator must enter
125.23 	and docket a judgment obtained by operation of law under section
125.24 	548.091, subdivision 1, in the name of the public authority to
125.25 	the extent that the obligation has been assigned.  When arrears
125.26 	are reduced to judgment and section 548.091 is not applicable,
125.27 	the court must grant judgment in favor of, and in the name of,
125.28 	the public authority to the extent that the arrears are
125.29 	assigned.  The public authority must file notice of an
125.30 	assignment with the court administrator, who must enter the
125.31 	notice in the docket.  The public authority may then enforce a
125.32 	judgment entered before the assignment of rights as if the
125.33 	judgment were granted to it, and in its name, to the extent that
125.34 	the arrears in that judgment are assigned.
125.35 		Subd. 3.Property lien. The court may make any child
125.36 	support order a lien or charge upon the obligor's property,
126.1 	either at the time of the entry of the judgment or by subsequent
126.2 	order upon proper application.

126.3 	Sec. 29. [517C.36] PARTY STATUS.
126.4 		Subdivision 1.Obligee receives public assistance; public
126.5 	authority is a party. The public authority is joined as a party
126.6 	and is a real party in interest if the obligee is receiving, or
126.7 	subsequently applies for, public assistance and rights are
126.8 	assigned under section 256.741, subdivision 2.
126.9 		Subd. 2.No public assistance; application for services.
 126.10 	If the obligee is not receiving public assistance, but has
126.11 	applied for child support collection services, the public
126.12 	authority has a pecuniary interest, as well as an interest in
126.13 	the welfare of a child.  The public authority may intervene as a
126.14 	matter of right in those cases to ensure that child support
126.15 	orders are obtained, enforced, and provide for an appropriate
126.16 	and accurate level of child, medical, and child care support.
126.17 	If the public authority participates in a case where the action
126.18 	taken by the public authority requires the use of an attorney's
126.19 	services, the public authority must be represented by an
126.20 	attorney consistent with the provisions in section 517C.37.

126.21 	Sec. 30. [517C.37] ROLE OF PUBLIC AUTHORITY.
126.22 		Subdivision 1.Public authority does not represent
126.23 	obligor or obligee. The provision of services under the child
126.24 	support enforcement program that includes services by an
126.25 	attorney or an attorney's representative employed by, under
126.26 	contract to, or representing the public authority does not
126.27 	create an attorney-client relationship with any party other than
126.28 	the public authority.  Attorneys employed by or under contract
126.29 	with the public authority have an affirmative duty to inform
126.30 	applicants and recipients of services under the child support
126.31 	enforcement program that no attorney-client relationship exists
126.32 	between the attorney and the applicant or recipient.  This
126.33 	section applies to all legal services provided by the child
126.34 	support enforcement program.
126.35 		Subd. 2.Written notice. The public authority must
126.36 	provide written notice to an applicant or recipient of services
127.1 	that:
127.2 	(1) no attorney-client relationship exists between the
127.3 	attorney and the applicant or recipient;
127.4 	(2) the rights of the individual as a subject of data are
127.5 	controlled by section 13.04, subdivision 2; and 
127.6 	(3) the individual has a right to have an attorney
127.7 	represent the individual.
127.8 		Subd. 3.Power to represent other public
127.9 	authorities. The public authority may act on behalf of a public
127.10 	authority from another jurisdiction.  This includes the
127.11 	authority to represent the legal interests of, or execute
127.12 	documents on behalf of, the other public authority in connection
127.13 	with the establishment, enforcement, and collection of child
127.14 	support and collection on judgments.

127.15 	Sec. 31. [517C.38] SERVICE FEES.
127.16 		Subdivision 1.Obligor fee. When the public authority
127.17 	provides child support collection services either to a public
127.18 	assistance recipient or to a party who does not receive public
127.19 	assistance, the public authority may upon written notice to the
127.20 	obligor charge a monthly collection fee equivalent to the full
127.21 	monthly cost to the county of providing collection services, in
127.22 	addition to the amount of the child support ordered by the
127.23 	court.  The public authority must deposit the fee in the county
127.24 	general fund.  The service fee assessed is limited to ten
127.25 	percent of the monthly court-ordered child support and must not
127.26 	be assessed to obligors who are current in payment of the
127.27 	monthly court-ordered child support.
127.28 		Subd. 2.Obligee fee. A $25 application fee must be paid
127.29 	by the person who applies for child support and maintenance
127.30 	collection services, except persons who are receiving public
127.31 	assistance as defined in section 256.741, persons who transfer
127.32 	from public assistance to nonpublic assistance status, and minor
127.33 	parents and parents enrolled in a public secondary school, area
127.34 	learning center, or alternative learning program approved by the
127.35 	commissioner of children, families, and learning.
127.36 		Subd. 3.Tax intercept fees. Fees assessed by state and
128.1 	federal tax agencies for collection of overdue support owed to
128.2 	or on behalf of a person not receiving public assistance must be
128.3 	imposed on the person for whom these services are provided.  The
128.4 	public authority upon written notice to the obligee must assess
128.5 	a fee of $25 to the person not receiving public assistance for
128.6 	each successful federal tax interception.  The public authority
128.7 	must withhold the fee before the release of the funds received
128.8 	from each interception and must deposit the fee in the general
128.9 	fund.
128.10 		Subd. 4.Compliance with federal law. The limitations of
128.11 	this section on the assessment of fees do not apply to the
128.12 	extent they are inconsistent with the requirements of federal
128.13 	law for receiving funds for the programs under Title IV-A and
128.14 	Title IV-D of the Social Security Act, United States Code, title
128.15 	42, sections 601 to 613 and 651 to 662.

128.16 	Sec. 32. [517C.39] PUBLIC AUTHORITY PROCEDURES FOR CHILD
128.17 	SUPPORT AND PARENTAGE ORDERS.
128.18 	The public authority may use the provisions of sections
128.19 	517C.40 to 517C.44 when support rights are assigned under
128.20 	section 256.741, subdivision 2, or when the public authority is
128.21 	providing services under an application for child support
128.22 	collection services.

128.23 	Sec. 33. [517C.40] NONATTORNEY EMPLOYEE DUTIES.
128.24 		Subdivision 1.Duties performed under supervision of
128.25 	county attorney. (a) The county attorney must review and
128.26 	approve as to form and content all pleadings and other legal
128.27 	documents prepared by nonattorney employees of the public
128.28 	authority for use in the expedited child support process.
128.29 	(b) Under the direction of, and in consultation with, the
128.30 	county attorney, nonattorney employees of the public authority
128.31 	may perform the following legal duties:
128.32 	(1) meet and confer with parties by mail, telephone,
128.33 	electronic, or other means regarding legal issues;
128.34 	(2) explain to parties the purpose, procedure, and function
128.35 	of the expedited child support process and the role and
128.36 	authority of nonattorney employees of the public authority
129.1 	regarding legal issues;
129.2 	(3) prepare pleadings, including, but not limited to,
129.3 	summonses and complaints, notices, motions, subpoenas, orders to
129.4 	show cause, proposed orders, administrative orders, and
129.5 	stipulations and agreements;
129.6 	(4) issue administrative subpoenas;
129.7 	(5) prepare judicial notices;
129.8 	(6) negotiate settlement agreements;
129.9 	(7) attend and participate as a witness in hearings and
129.10 	other proceedings and, if requested by the child support
129.11 	magistrate, present evidence, agreements and stipulations of the
129.12 	parties, and any other information deemed appropriate by the
129.13 	magistrate;
129.14 	(8) participate in other activities and perform other
129.15 	duties delegated by the county attorney; and 
129.16 	(9) exercise other powers and perform other duties as
129.17 	permitted by statute or court rule.
129.18 		Subd. 2.Duties performed without direction from county
129.19 	attorney. Nonattorney employees of the public authority may
129.20 	perform the following duties without direction from the county
129.21 	attorney:
129.22 	(1) gather information on behalf of the public authority;
129.23 	(2) prepare financial worksheets;
129.24 	(3) obtain income information from the department of
129.25 	economic security and other sources;
129.26 	(4) serve documents on parties;
129.27 	(5) file documents with the court;
129.28 	(6) meet and confer with parties by mail, telephone,
129.29 	electronic, or other means regarding nonlegal issues;
129.30 	(7) explain to parties the purpose, procedure, and function
129.31 	of the expedited child support process and the role and
129.32 	authority of nonattorney employees of the public authority
129.33 	regarding nonlegal issues; and 
129.34 	(8) perform other routine nonlegal duties as assigned.
129.35 		Subd. 3.Practice of law. Performance of the duties
129.36 	prescribed in subdivisions 1 and 2 by nonattorney employees of
130.1 	the public authority does not constitute the unauthorized
130.2 	practice of law for purposes of section 481.02.

130.3 	Sec. 34. [517C.41] PLEADINGS; CASE INFORMATION SHEET.
130.4 		Subdivision 1.Pleadings. In cases involving
130.5 	establishment or modification of a child support order, the
130.6 	initiating party must include the following information, if
130.7 	known, in the pleadings:
130.8 	(1) the parties' names, addresses, and dates of birth;
130.9 	(2) Social Security numbers of the parties and the parties'
130.10 	minor children.  This information is considered private
130.11 	information and is available only to the parties, the court, and
130.12 	the public authority;
130.13 	(3) number of members in each party's household and
130.14 	dependents of the parties;
130.15 	(4) the parties' other support obligations;
130.16 	(5) names and addresses of the parties' employers;
130.17 	(6) the parties' income as defined in section 517C.12;
130.18 	(7) amounts and sources of the parties' other earnings and
130.19 	income;
130.20 	(8) the parties' health insurance coverage;
130.21 	(9) types and amounts of public assistance the parties
130.22 	receive, including Minnesota family investment program, child
130.23 	care assistance, medical assistance, MinnesotaCare, title IV-E
130.24 	foster care, or other form of assistance as defined in section
130.25 	256.741, subdivision 1; and 
130.26 	(10) any other information relevant to the determination of
130.27 	child support under this chapter.
130.28 		Subd. 2.Case information sheet. For all matters
130.29 	scheduled in the expedited process, the nonattorney employee of
130.30 	the public authority must file with the court and serve on the
130.31 	parties the following information:
130.32 	(1) income information available to the public authority
130.33 	from the Department of Economic Security;
130.34 	(2) a statement of the monthly amount of child support,
130.35 	child care, medical support, and arrears currently being charged
130.36 	the parties in Minnesota IV-D cases;
131.1 	(3) a statement of the types and amount of any public
131.2 	assistance, as defined in section 256.741, subdivision 1,
131.3 	received by the parties; and 
131.4 	(4) any other information relevant to determining support
131.5 	that is known to the public authority and that the parties have
131.6 	not otherwise provided.
131.7 		Subd. 3.Filing information. The public authority must
131.8 	file the case information with the district court or child
131.9 	support magistrate at least five days before a hearing involving
131.10 	child support, medical support, or child care reimbursement
131.11 	issues.

131.12 	Sec. 35. [517C.42] NONCONTESTED MATTERS.
131.13 	Under the direction of the county attorney and based on
131.14 	agreement of the parties, nonattorney employees of the public
131.15 	authority may prepare a stipulation, findings of fact,
131.16 	conclusions of law, and proposed order.  The county attorney
131.17 	must approve and sign the documents as to form and content
131.18 	before the nonattorney employees submit the documents to the
131.19 	district court or child support magistrate for approval.

131.20 	Sec. 36. [517C.43] ADMINISTRATIVE AUTHORITY; PARENTAGE;
131.21 	SUPPORT.
131.22 		Subdivision 1.Powers. The public authority may take the
131.23 	following actions relating to establishing paternity or to
131.24 	establishing, modifying, or enforcing support orders, without
131.25 	the necessity of obtaining an order from a judicial or
131.26 	administrative tribunal:
131.27 	(1) recognize and enforce orders of child support agencies
131.28 	of other states;
131.29 	(2) upon request for genetic testing by a child, parent, or
131.30 	an alleged parent, and using the procedure in subdivision 2,
131.31 	order the child, parent, or alleged parent to submit to blood or
131.32 	genetic testing for the purpose of establishing paternity;
131.33 	(3) subpoena financial or other information needed to
131.34 	establish, modify, or enforce a child support order and sanction
131.35 	a party for failure to respond to a subpoena;
131.36 	(4) upon notice to the obligor, obligee, and the
132.1 	appropriate court, direct the obligor or other payor to change
132.2 	the payee to the central collections unit under section 517C.50;
132.3 	(5) order income withholding of child support under section
132.4 	517C.52 and sanction an employer or payor of funds under section
132.5 	393.07, subdivision 9a, for failing to comply with an income
132.6 	withholding notice;
132.7 	(6) secure assets to satisfy a support debt or arrears by:
132.8 	(i) intercepting or seizing periodic or lump-sum payments
132.9 	from state or local agencies, including unemployment insurance
132.10 	benefits, workers' compensation payments, judgments,
132.11 	settlements, lotteries, and other lump-sum payments;
132.12 	(ii) attaching and seizing the obligor's assets held in
132.13 	financial institutions or public or private retirement funds;
132.14 	and 
132.15 	(iii) imposing liens in accordance with section 548.091,
132.16 	and, in appropriate cases, forcing the sale of property and the
132.17 	distribution of proceeds;
132.18 	(7) for the purpose of securing overdue support, increase
132.19 	the amount of the monthly support payments by an additional
132.20 	amount equal to 20 percent of the monthly support payment to
132.21 	include amounts for debts or arrears; and 
132.22 	(8) subpoena an employer or payor of funds to provide
132.23 	promptly information on the employment, compensation, and
132.24 	benefits of an individual employed by that employer as an
132.25 	employee or contractor, and sanction an employer or payor of
132.26 	funds under section 393.07, subdivision 9a, for failure to
132.27 	respond to the subpoena as provided by law.
132.28 		Subd. 2.Genetic testing. (a) A child, parent, or
132.29 	alleged parent who requests genetic testing must support the
132.30 	request with a sworn statement that:
132.31 	(1) alleges paternity and sets forth facts establishing a
132.32 	reasonable possibility of the requisite sexual contact between
132.33 	the parties; or 
132.34 	(2) denies paternity and sets forth facts establishing a
132.35 	reasonable possibility of the nonexistence of sexual contact
132.36 	between the alleged parties.
133.1 	(b) The order for genetic tests may be served anywhere
133.2 	within the state and served outside the state in the same manner
133.3 	as prescribed by law for service of subpoenas issued by the
133.4 	district court of this state.
133.5 	(c) If the child, parent, or alleged parent fails to comply
133.6 	with the genetic testing order, the public authority may seek to
133.7 	enforce that order in district court through a motion to compel
133.8 	testing.
133.9 	(d) No results obtained through genetic testing done in
133.10 	response to an order issued under this section may be used in a
133.11 	criminal proceeding.
133.12 		Subd. 3.Subpoenas. (a) Subpoenas may be served anywhere
133.13 	within the state and served outside the state in the same manner
133.14 	as prescribed by law for service of process of subpoenas issued
133.15 	by the district court of this state.  When a subpoena under this
133.16 	subdivision is served on a third-party record keeper, written
133.17 	notice of the subpoena must be mailed to the person who is the
133.18 	subject of the subpoenaed material at the person's last known
133.19 	address within three days of the day the subpoena is served.
133.20 	This notice provision does not apply if there is reasonable
133.21 	cause to believe the giving of the notice may lead to
133.22 	interference with the production of the subpoenaed documents.
133.23 	(b) A person served with a subpoena may make a written
133.24 	objection to the public authority or court before the time
133.25 	specified in the subpoena for compliance.  The public authority
133.26 	or the court may cancel or modify the subpoena, if appropriate.
133.27 	The public authority must pay the reasonable costs of producing
133.28 	the documents, if requested.
133.29 	(c) Subpoenas are enforceable in the same manner as
133.30 	subpoenas of the district court.  Upon motion of the county
133.31 	attorney, the court may issue an order directing the production
133.32 	of the records.  A person who fails to comply with the court
133.33 	order may be subject to civil or criminal contempt of court.
133.34 		Subd. 4.Due process. The administrative actions under
133.35 	this section are subject to due process safeguards, including
133.36 	requirements for notice, opportunity to contest the action, and
134.1 	opportunity to appeal the order to a judge, judicial officer, or
134.2 	child support magistrate.

134.3 	Sec. 37. [517C.44] SHARING OF INFORMATION; DATA.
134.4 		Subdivision 1.General. The public authority may share
134.5 	available and relevant information on the parties in order to
134.6 	perform its duties under sections 517C.40 to 517C.43 or under
134.7 	Supreme Court rules governing the expedited child support
134.8 	hearing process under section 484.702, subject to the
134.9 	limitations of subdivision 3, section 256.87, subdivision 8, and
134.10 	section 257.70.
134.11 		Subd. 2.Data disclosed to an attorney of public
134.12 	authority. (a) Data disclosed by an applicant for, or recipient
134.13 	of, child support services to an attorney employed by, or under
134.14 	contract with, the public authority is private data on an
134.15 	individual.  However, the data may be disclosed under sections
134.16 	13.46, subdivision 2, clauses (1) to (3) and (6) to (19), and
134.17 	517C.11, subdivision 3, in order to obtain, modify, or enforce
134.18 	child support, medical support, and parentage determinations.
134.19 	(b) An attorney employed by, or under contract with, the
134.20 	public authority may disclose additional information received
134.21 	from an applicant for, or recipient of, services for other
134.22 	purposes with the consent of the individual applicant for, or
134.23 	recipient of, child support services.
134.24 		Subd. 3.Prohibited disclosure. In all proceedings under
134.25 	this chapter and chapter 517A in which public assistance is
134.26 	assigned under section 256.741, or the public authority provides
134.27 	services to a party or parties to the proceedings,
134.28 	notwithstanding statutory or other authorization for the public
134.29 	authority to release private data on the location of a party to
134.30 	the action, the public authority may not release information on
134.31 	the location of one party to the other party if:
134.32 	(1) the public authority has knowledge that a protective
134.33 	order with respect to the other party has been entered; or 
134.34 	(2) the public authority has reason to believe that the
134.35 	release of the information may result in physical or emotional
134.36 	harm to the other party.

135.1 	Sec. 38. [517C.45] SUFFICIENCY OF NOTICE.
135.2 	Automated child support notices sent by the public
135.3 	authority which do not require service are sufficient notice
135.4 	when issued and mailed by first class mail to the person's last
135.5 	known address.

135.6 	Sec. 39. [517C.50] CHILD SUPPORT PAYMENT CENTER; CENTRAL
135.7 	COLLECTIONS UNIT.
135.8 		Subdivision 1.Creation. (a) The commissioner of human
135.9 	services must create and maintain a central collections unit to
135.10 	receive, process, and disburse payments, and to maintain a
135.11 	record of payments in all cases when:
135.12 	(1) the public authority is a party;
135.13 	(2) the public authority provides child support enforcement
135.14 	services to a party; or 
135.15 	(3) payment is collected through income withholding.
135.16 	(b) The commissioner may contract for services to carry out
135.17 	these provisions if the commissioner first meets and negotiates
135.18 	with the affected exclusive representatives.
135.19 		Subd. 2.Creditor collections. The central collections
135.20 	unit under this section is not a third party under chapters 550,
135.21 	552, and 571 for purposes of creditor collection efforts against
135.22 	child support and maintenance order obligors or obligees, and is
135.23 	not subject to creditor levy, attachment, or garnishment.
135.24 		Subd. 3.Credit for payment. Payments made to the public
135.25 	authority that are not collected through income withholding must
135.26 	be credited as of the date the payment is received by the
135.27 	central collections unit.

135.28 	Sec. 40. [517C.51] MANDATORY PAYMENT OF OBLIGATIONS TO
135.29 	CENTRAL COLLECTIONS UNIT.
135.30 		Subdivision 1.General. All payments described in
135.31 	section 517C.50 must be made to the central collections unit.
135.32 		Subd. 2.Local payment; transmittal. Each local child
135.33 	support agency must provide a location within the agency to
135.34 	receive payments.  When the local agency receives a payment it
135.35 	must transmit the funds to the central collections unit within
135.36 	one working day of receipt of the payment.
136.1 		Subd. 3.Incentives. Notwithstanding a rule to the
136.2 	contrary, incentives must be paid to the county providing
136.3 	services and maintaining the case to which the payment is
136.4 	applied.  Incentive payments awarded for the collection of child
136.5 	support must be based solely upon payments processed by the
136.6 	central collections unit.  Incentive payments received by the
136.7 	county under this subdivision must be used for county child
136.8 	support collection efforts.
136.9 		Subd. 4.Electronic funds transfer. The central
136.10 	collections unit is authorized to engage in the electronic
136.11 	transfer of funds for the receipt and disbursement of funds.
136.12 		Subd. 5.Required content of order. A tribunal issuing
136.13 	an order that establishes or modifies a payment must issue an
136.14 	income withholding order in conformity with section 517C.52.
136.15 	The automatic income withholding order must include the
136.16 	obligor's name, the obligor's Social Security number, the
136.17 	obligor's date of birth, and the name and address of the
136.18 	obligor's employer.  The street mailing address and the
136.19 	electronic mail address for the central collections unit must be
136.20 	included in each automatic income withholding order issued by a
136.21 	tribunal.
136.22 		Subd. 6.Transmittal of order to public authority by
136.23 	tribunal. The tribunal must transmit a copy of the order
136.24 	establishing or modifying the payment, and a copy of the
136.25 	automatic income withholding order, to the local child support
136.26 	agency within two working days of the approval of the order by
136.27 	the judge or child support magistrate or other person or entity
136.28 	authorized to sign the automatic withholding order.
136.29 		Subd. 7.Transmittal of funds from obligor or payor of
136.30 	funds to central collections unit. The obligor or other payor
136.31 	of funds must identify the obligor on the check or remittance by
136.32 	name, payor number, and Social Security number, and must comply
136.33 	with section 517C.52.
136.34 		Subd. 8.Sanction for checks drawn on insufficient
136.35 	funds. A notice may be directed to a person or entity
136.36 	submitting a check drawn on insufficient funds stating that
137.1 	future payments must be made by cash or certified funds.  The
137.2 	central collections unit and the public authority may refuse a
137.3 	check from a person or entity that has been given notice that
137.4 	payments must be in cash or certified funds.
137.5 		Subd. 9.Admissibility of payment records. A copy of the
137.6 	record of payments maintained by the central collections unit is
137.7 	admissible evidence in all tribunals as proof of payments made
137.8 	through the central collections unit without the need of
137.9 	testimony to prove authenticity.
137.10 		Subd. 10.Transition provisions. (a) The commissioner of
137.11 	human services must develop a plan for the implementation of the
137.12 	central collections unit.  The plan must require that payments
137.13 	be redirected to the central collections unit.  Payments may be
137.14 	redirected in groups according to county of origin, county of
137.15 	payment, method of payment, type of case, or any other
137.16 	distinguishing factor designated by the commissioner.
137.17 	(b) Notice that payments must be made to the central
137.18 	collections unit must be provided to the obligor and to the
137.19 	payor of funds within 30 days before payments are redirected to
137.20 	the central collections unit.  After the notice has been
137.21 	provided to the obligor or payor of funds, mailed payments
137.22 	received by the local child support agency must be forwarded to
137.23 	the central collections unit.  A notice must be sent to the
137.24 	obligor or payor of funds stating that payment application may
137.25 	be delayed and must provide directions to submit future payments
137.26 	to the central collections unit.
137.27 		Subd. 11.Collections unit recoupment account. The
137.28 	commissioner of human services may establish a revolving account
137.29 	to cover funds issued in error due to insufficient funds or
137.30 	other reasons.  The commissioner must deposit appropriations for
137.31 	this purpose and all recoupments against payments from the
137.32 	account in the collections unit's recoupment account.  The
137.33 	recoupments are appropriated to the commissioner.  An unexpended
137.34 	balance in the account does not cancel, but is available until
137.35 	expended.
137.36 		Subd. 12.Unclaimed support funds. (a) If the public
138.1 	authority cannot disburse support payments to an obligee because
138.2 	the obligee cannot be located, the public authority must
138.3 	continue its efforts to locate the obligee for one year from the
138.4 	date it determines that it cannot locate the obligee.
138.5 	(b) If the public authority is unable to locate the obligee
138.6 	after one year, the public authority must mail a written notice
138.7 	to the obligee at the obligee's last known address giving the
138.8 	obligee 60 days to contact the public authority.
138.9 	(c) If the obligee does not contact the public authority
138.10 	within 60 days from the date of notice, the public authority
138.11 	must:
138.12 	(1) close the nonpublic assistance portion of the case;
138.13 	(2) disburse unclaimed support funds to pay public
138.14 	assistance arrears.  If public assistance arrears remain after
138.15 	disbursing the unclaimed support funds, the public authority may
138.16 	continue to enforce and collect child support until all public
138.17 	assistance arrears have been paid.  If there are not public
138.18 	assistance arrears, or unclaimed support funds remain after the
138.19 	public assistance arrears have been paid, the public authority
138.20 	must return the remaining unclaimed support funds to the
138.21 	obligor; and 
138.22 	(3) when all public assistance arrears have been paid to
138.23 	the public authority, mail a written notice of termination of
138.24 	income withholding and case closure to the obligor at the
138.25 	obligor's last known address.  The notice must indicate that the
138.26 	obligor's support obligation will remain in effect until further
138.27 	order of the court and that the obligor may contact the public
138.28 	authority for assistance to modify the order.  The public
138.29 	authority must include a copy of the form prepared by the state
138.30 	court administrator's office under section 517C.25, subdivision
138.31 	4, with the notice.
138.32 	(d) If the public authority cannot locate the obligor to
138.33 	return unclaimed support funds, the public authority must
138.34 	continue its efforts to locate the obligor for one year from the
138.35 	date the public authority determines that the obligor cannot be
138.36 	located.  If the public authority is unable to locate the
139.1 	obligor after one year, the public authority must treat the
139.2 	funds as unclaimed property according to federal law and chapter
139.3 	345.

139.4 	Sec. 41. [517C.52] INCOME WITHHOLDING; GENERAL.
139.5 		Subdivision 1.Application. Sections 517C.52 to 517C.62
139.6 	apply to all support orders issued by a court or an
139.7 	administrative tribunal and orders for or notices of withholding
139.8 	issued by the public authority according to section 517C.43,
139.9 	subdivision 1, clause (5).
139.10 		Subd. 2.Order. (a) Every support order must address
139.11 	income withholding.  Whenever a support order is initially
139.12 	entered or modified, the full amount of the support order must
139.13 	be withheld from the income of the obligor and forwarded to the
139.14 	public authority.  Sections 517C.51 to 517C.62 apply regardless
139.15 	of the source of income of the person obligated to pay the child
139.16 	support.
139.17 	(b) Every order for child support must provide for a
139.18 	conspicuous notice of the provisions in this section that
139.19 	complies with section 517C.99, subdivision 3.  An order without
139.20 	this notice remains subject to this section.
139.21 	(c) A payor of funds must implement income withholding
139.22 	according to sections 517C.51 to 517C.62 upon receipt of an
139.23 	order for or notice of withholding.  The notice of withholding
139.24 	must be on a form provided by the commissioner of human services.
139.25 		Subd. 3.Notice; income withholding and collection
139.26 	services. (a) The commissioner of human services must prepare
139.27 	and make available to the courts a notice of services that
139.28 	explains child support and maintenance collection services
139.29 	available through the public authority, including income
139.30 	withholding.  Upon receiving a petition for dissolution of
139.31 	marriage or legal separation, the court administrator must
139.32 	promptly send the notice of services to the petitioner and
139.33 	respondent at the addresses stated in the petition.
139.34 	(b) Upon receipt of a support order requiring income
139.35 	withholding, a petitioner or respondent, who is not a recipient
139.36 	of public assistance and does not receive child support
140.1 	collection services from the public authority, must apply to the
140.2 	public authority for either full child support collection
140.3 	services or for services only to withhold income.
140.4 	(c) For those persons applying for services only to
140.5 	withhold income, the public authority must charge a monthly
140.6 	service fee of $15 to the obligor.  This fee is in addition to
140.7 	the amount of the support order and must be withheld through
140.8 	income withholding.  The public authority must explain the
140.9 	service options in this section to the affected parties and
140.10 	encourage the application for full child support collection
140.11 	services.
140.12 		Subd. 4.Contract for service. To carry out income
140.13 	withholding, the public authority may contract for services,
140.14 	including the use of electronic funds transfer.
140.15 		Subd. 5.Electronic transmission. Orders or notices for
140.16 	income withholding may be transmitted for enforcement purposes
140.17 	by electronic means.
140.18 		Subd. 6.Timing of automated enforcement remedies. The
140.19 	public authority must make reasonable efforts to ensure that
140.20 	automated enforcement remedies take into consideration the time
140.21 	periods allowed under sections 517C.51 to 517C.62.

140.22 	Sec. 42. [517C.53] WAIVER OF INCOME WITHHOLDING.
140.23 	(a) If child support is not assigned to the public
140.24 	authority under section 256.741, the court may waive income
140.25 	withholding requirements if it finds there are no arrears as of
140.26 	the date of the hearing and:
140.27 	(1) one party demonstrates and the court finds there is
140.28 	good cause to waive the requirements of sections 517C.51 to
140.29 	517C.62 or to terminate an order for or notice of income
140.30 	withholding previously entered; or 
140.31 	(2) all parties reach an agreement and the agreement is
140.32 	approved by the court after a finding that the agreement is
140.33 	likely to result in regular and timely payments.  The court's
140.34 	findings waiving the requirements of this paragraph must include
140.35 	a written explanation of the reasons why income withholding
140.36 	would not be in the child's best interests.
141.1 	(b) In addition to the other requirements in this section,
141.2 	if the case involves a modification of support, the court must
141.3 	make a finding that support has been timely made.
141.4 	(c) If the court waives income withholding, the obligee or
141.5 	obligor may at any time request subsequent income withholding
141.6 	under section 517C.59.

141.7 	Sec. 43. [517C.54] PAYOR OF FUNDS RESPONSIBILITIES.
141.8 		Subdivision 1.Activation. An order for or notice of
141.9 	withholding is binding on a payor of funds upon receipt.
141.10 	Withholding must begin no later than the first pay period that
141.11 	occurs after 14 days following the date of receipt of the order
141.12 	for or notice of withholding.  In the case of a financial
141.13 	institution, preauthorized transfers must occur in accordance
141.14 	with a court-ordered payment schedule.
141.15 		Subd. 2.Procedure. A payor of funds must withhold from
141.16 	the income payable to the obligor the amount specified in the
141.17 	order or notice of withholding and amounts specified under
141.18 	sections 517C.58 and 517C.63 and must remit the amounts withheld
141.19 	to the public authority within seven business days of the date
141.20 	the obligor is paid the remainder of the income.  The payor of
141.21 	funds must include with the remittance the obligor's Social
141.22 	Security number, the case type indicator as provided by the
141.23 	public authority, and the date the obligor is paid the remainder
141.24 	of the income.  The obligor is considered to have paid the
141.25 	amount withheld as of the date the obligor received the
141.26 	remainder of the income.  A payor of funds may combine all
141.27 	amounts withheld from one pay period into one payment to each
141.28 	public authority, but must separately identify each obligor
141.29 	making payment.
141.30 		Subd. 3.Retaliation prohibited. A payor of funds must
141.31 	not discharge, or refuse to hire, or otherwise discipline an
141.32 	employee as a result of wage or salary withholding authorized by
141.33 	this chapter.
141.34 		Subd. 4.Updated orders. If more than one order for or
141.35 	notice of withholding exists involving the same obligor and
141.36 	child, the public authority must enforce the most recent order
142.1 	or notice.  An order for or notice of withholding that was
142.2 	previously implemented according to this chapter ends as of the
142.3 	date of the most recent order.  The public authority must notify
142.4 	the payor of funds to withhold under the most recent withholding
142.5 	order or notice.
142.6 		Subd. 5.Notification of termination. When an order for
142.7 	or notice of withholding is in effect and the obligor's
142.8 	employment is terminated, the obligor and the payor of funds
142.9 	must notify the public authority of the termination within ten
142.10 	days of the termination date.  The termination notice must
142.11 	include the obligor's home address and the name and address of
142.12 	the obligor's new payor of funds, if known.
142.13 		Subd. 6.Expenses. A payor of funds may deduct $1 from
142.14 	the obligor's remaining salary for each payment made pursuant to
142.15 	an order for or notice of withholding under this chapter to
142.16 	cover the expenses of withholding.

142.17 	Sec. 44. [517C.55] LUMP-SUM PAYMENTS.
142.18 		Subdivision 1.Application. (a) This section applies to
142.19 	lump-sum payments of $500 or more including, but not limited to,
142.20 	severance pay, accumulated sick pay, vacation pay, bonuses,
142.21 	commissions, or other pay or benefits.
142.22 	(b) The Consumer Credit Protection Act, United States Code,
142.23 	title 15, section 1673(b), does not apply to lump-sum payments.
142.24 		Subd. 2.Payor of funds responsibilities. Before
142.25 	transmitting a lump-sum payment to an obligor, a payor of funds
142.26 	who has been served with an order for or notice of income
142.27 	withholding under this chapter or a sworn affidavit of arrears
142.28 	from the public authority must:
142.29 	(1) notify the public authority of the lump-sum payment
142.30 	that is to be paid to the obligor; and 
142.31 	(2) hold the lump-sum payment for 30 days after the date
142.32 	the lump-sum payment would otherwise have been paid to the
142.33 	obligor, notwithstanding sections 176.221, 176.225, 176.521,
142.34 	181.08, 181.101, 181.11, 181.13, and 181.145, and Minnesota
142.35 	Rules, part 1415.2000, subpart 10.
142.36 		Subd. 3.Public authority options. (a) The public
143.1 	authority may direct the payor of funds to pay the lump-sum
143.2 	payment, up to the amount of judgments or arrears, to the public
143.3 	authority if:
143.4 	(1) the public authority serves by mail a sworn affidavit
143.5 	of arrears from the public authority or a court order upon the
143.6 	payor of funds;
143.7 	(2) a judgment entered pursuant to section 548.09 or
143.8 	548.091, subdivision 1a, exists against the obligor, or other
143.9 	support arrears exist; and 
143.10 	(3) a portion of the judgment or arrears remains unpaid.
143.11 	(b) If no judgment or arrears exist, the public authority
143.12 	may seek a court order directing the payor of funds to transmit
143.13 	all or a portion of the lump-sum payment to the public authority
143.14 	for future support.  To obtain a court order under this
143.15 	paragraph, the public authority must show an obligor's past
143.16 	willful nonpayment of support.

143.17 	Sec. 45. [517C.56] PAYOR OF FUNDS LIABILITY.
143.18 		Subdivision 1.Liability to obligee. A payor of funds is
143.19 	liable to the obligee for amounts required to be withheld.  A
143.20 	payor of funds that fails to withhold or transfer funds in
143.21 	accordance with this chapter is liable to the obligee for
143.22 	interest on the funds at the rate applicable to judgments under
143.23 	section 549.09, computed from the date the funds were required
143.24 	to be withheld or transferred.  A payor of funds is liable for
143.25 	reasonable attorney fees of the obligee or public authority
143.26 	incurred in enforcing the liability under this paragraph.  A
143.27 	payor of funds that has failed to comply with the requirements
143.28 	of sections 517C.51 to 517C.62 is subject to contempt sanctions
143.29 	under section 517C.57.  If the payor of funds is an employer or
143.30 	independent contractor and violates this subdivision, a court
143.31 	may award the obligor twice the wages lost as a result of this
143.32 	violation.  If a court finds a payor of funds violated this
143.33 	subdivision, the court must impose a civil fine of not less than
143.34 	$500.  The liabilities under this subdivision apply to
143.35 	intentional noncompliance by a payor of funds with the
143.36 	requirements of sections 517C.51 to 517C.62.
144.1 		Subd. 2.Nonliability for compliance. A payor of funds
144.2 	is not subject to civil liability to any individual or agency
144.3 	for taking action in compliance with an income withholding order
144.4 	or notice of withholding that appears regular on its face
144.5 	according to this chapter or chapter 518C.

144.6 	Sec. 46. [517C.57] EMPLOYER CONTEMPT.
144.7 		Subdivision 1.Orders binding. Notices or orders for
144.8 	income withholding or medical support issued pursuant to this
144.9 	chapter are binding on the employer, trustee, or other payor of
144.10 	funds after the order or notice has been transmitted to the
144.11 	employer, trustee, or payor of funds.
144.12 		Subd. 2.Contempt action. (a) An obligee or the public
144.13 	authority may initiate a contempt action against an employer,
144.14 	trustee, or payor of funds, within the action that created the
144.15 	support obligation, by serving an order to show cause upon the
144.16 	employer, trustee, or payor of funds.
144.17 	(b) The employer, trustee, or payor of funds is presumed to
144.18 	be in contempt:
144.19 	(1) if the employer, trustee, or payor of funds has
144.20 	intentionally failed to withhold support after receiving the
144.21 	order or notice for income withholding or notice of enforcement
144.22 	of medical support; or 
144.23 	(2) upon presentation of pay stubs or similar documentation
144.24 	showing that the employer, trustee, or payor of funds withheld
144.25 	support and demonstrating that the employer, trustee, or payor
144.26 	of funds intentionally failed to remit support to the public
144.27 	authority.
144.28 		Subd. 3.Liability; sanctions. The employer, trustee, or
144.29 	payor of funds is liable to the obligee or the public authority
144.30 	for amounts required to be withheld that were not paid.  The
144.31 	court may enter judgment against the employer, trustee, or payor
144.32 	of funds for support not withheld or remitted.  An employer,
144.33 	trustee, or payor of funds found guilty of contempt must be
144.34 	punished by a fine of not more than $250 as provided in chapter
144.35 	588.  The court may also impose other contempt sanctions
144.36 	authorized under chapter 588.

145.1 	Sec. 47. [517C.58] PRIORITY OF INCOME WITHHOLDING ORDERS;
145.2 	MAXIMUM WITHHOLDING.
145.3 		Subdivision 1.Priority. An order for or notice of
145.4 	withholding under this chapter or execution or garnishment upon
145.5 	a judgment for child support arrears or preadjudicated expenses
145.6 	has priority over an attachment, execution, garnishment, or wage
145.7 	assignment and is not subject to the statutory limitations on
145.8 	amounts levied against the income of the obligor.  Amounts
145.9 	withheld from an employee's income must not exceed the maximum
145.10 	permitted under the Consumer Credit Protection Act, United
145.11 	States Code, title 15, section 1673(b).
145.12 		Subd. 2.Multiple orders. If a single employee is
145.13 	subject to multiple withholding orders or multiple notices of
145.14 	withholding for the support of more than one child, the payor of
145.15 	funds must comply with all of the orders or notices to the
145.16 	extent that the total amount withheld from the obligor's income
145.17 	does not exceed the limits imposed under the Consumer Credit
145.18 	Protection Act, United States Code, title 15, section 1673(b),
145.19 	giving priority to amounts designated in each order or notice as
145.20 	current support as follows:
145.21 	(1) if the total of the amounts designated in the orders
145.22 	for or notices of withholding as current support exceeds the
145.23 	amount available for income withholding, the payor of funds must
145.24 	allocate to each order or notice an amount for current support
145.25 	equal to the amount designated in that order or notice as
145.26 	current support, divided by the total of the amounts designated
145.27 	in the orders or notices as current support, multiplied by the
145.28 	amount of the income available for income withholding; and 
145.29 	(2) if the total of the amounts designated in the orders
145.30 	for or notices of withholding as current support does not exceed
145.31 	the amount available for income withholding, the payor of funds
145.32 	must pay the amounts designated as current support, and must
145.33 	allocate to each order or notice an amount for past due support,
145.34 	equal to the amount designated in that order or notice as past
145.35 	due support, divided by the total of the amounts designated in
145.36 	the orders or notices as past due support, multiplied by the
146.1 	amount of income remaining available for income withholding
146.2 	after the payment of current support.

146.3 	Sec. 48. [517C.59] SUBSEQUENT INCOME WITHHOLDING.
146.4 		Subdivision 1.Application. This section applies to
146.5 	support orders that do not contain provisions for income
146.6 	withholding.
146.7 		Subd. 2.Public authority provides child support
146.8 	enforcement services. If the public authority provides child
146.9 	support enforcement services to the parties, income withholding
146.10 	under this section takes effect without prior judicial notice to
146.11 	the obligor and without the need for judicial or administrative
146.12 	hearing.  Withholding must be initiated when:
146.13 	(1) the obligor requests it in writing to the public
146.14 	authority;
146.15 	(2) the obligee or obligor serves on the public authority a
146.16 	copy of the notice of income withholding, a copy of the court's
146.17 	order, an application, and the fee to use the public authority's
146.18 	collection services; or 
146.19 	(3) the public authority commences withholding under
146.20 	section 517C.43.
146.21 		Subd. 3.Public authority does not provide child support
146.22 	enforcement services. If the public authority does not provide
146.23 	child support enforcement services to the parties, income
146.24 	withholding under this section must be initiated when an obligee
146.25 	requests it by making a written motion to the court and the
146.26 	court finds that previous support has not been paid on a timely
146.27 	consistent basis or that the obligor has threatened expressly or
146.28 	otherwise to stop or reduce payments.
146.29 		Subd. 4.Notice. Within two days after the public
146.30 	authority commences withholding under this section, the public
146.31 	authority must send to the obligor at the obligor's last known
146.32 	address, notice that withholding has commenced.  The notice must
146.33 	include the information provided to the payor of funds in the
146.34 	notice of withholding.
146.35 		Subd. 5.Contest. (a) The obligor may contest
146.36 	withholding under this section on the limited grounds that the
147.1 	withholding or the amount withheld is improper due to mistake of
147.2 	fact.  An obligor who chooses to contest the withholding must do
147.3 	so no later than 15 days after the employer commences
147.4 	withholding, by bringing a proper motion under section 484.702
147.5 	and the expedited child support process rules.
147.6 	(b) The income withholding must remain in place while the
147.7 	obligor contests the withholding.
147.8 	(c) If the court finds a mistake in the amount of the
147.9 	arrears to be withheld, the court must continue the income
147.10 	withholding, but it must correct the amount of the arrears to be
147.11 	withheld.

147.12 	Sec. 49. [517C.60] INCOME WITHHOLDING; ARREARS ORDER.
147.13 	(a) In addition to ordering income withholding for current
147.14 	support the court may order the payor of funds to withhold
147.15 	amounts to satisfy the obligor's previous arrears in support
147.16 	order payments.  Use of this remedy does not exclude the use of
147.17 	other remedies to enforce judgments.  The employer or payor of
147.18 	funds must withhold from the obligor's income an additional
147.19 	amount equal to 20 percent of the monthly child support
147.20 	obligation until the arrears are paid.
147.21 	(b) Notwithstanding any law to the contrary, funds from
147.22 	income sources included in section 517C.12, subdivision 1,
147.23 	whether periodic or lump-sum, are not exempt from attachment or
147.24 	execution upon a judgment for child support arrears.
147.25 	(c) Absent an order to the contrary, if arrears exist at
147.26 	the time a support order would otherwise terminate, income
147.27 	withholding continues in effect or may be implemented in an
147.28 	amount equal to the support order plus an additional 20 percent
147.29 	of the monthly child support obligation, until all arrears have
147.30 	been paid in full.

147.31 	Sec. 50. [517C.61] INTERSTATE INCOME WITHHOLDING.
147.32 	(a) Upon receipt of an order for support entered in another
147.33 	state and the specified documentation from an authorized agency,
147.34 	the public authority must implement income withholding.  A payor
147.35 	of funds in this state must withhold income under court orders
147.36 	for withholding issued by other states or territories.
148.1 	(b) An employer receiving an income withholding notice from
148.2 	another state must withhold and distribute the funds as directed
148.3 	in the withholding notice and must apply the law of the
148.4 	obligor's principal place of employment when determining:
148.5 	(1) the employer's fee for processing an income withholding
148.6 	notice;
148.7 	(2) the maximum amount permitted to be withheld from the
148.8 	obligor's income; and 
148.9 	(3) deadlines for implementing and forwarding the child
148.10 	support payment.
148.11 	(c) An obligor may contest withholding under this section
148.12 	pursuant to section 518C.506.

148.13 	Sec. 51. [517C.62] ORDER TERMINATING INCOME WITHHOLDING.
148.14 		Subdivision 1.General procedure. (a) An order
148.15 	terminating income withholding must specify the effective date
148.16 	of the order and reference the initial order or decree that
148.17 	establishes the support obligation.  A court must enter an order
148.18 	terminating income withholding if:
148.19 	(1) the obligor serves written notice of the application
148.20 	for termination of income withholding by mail upon the obligee
148.21 	at the obligee's last known mailing address, and serves a
148.22 	duplicate copy of the application on the public authority;
148.23 	(2) the application for termination of income withholding
148.24 	specifies the event that terminates the support obligation, the
148.25 	effective date of the termination of the support obligation, and
148.26 	the applicable provisions of the order or decree that
148.27 	established the support obligation; and 
148.28 	(3) the application includes the complete name of the
148.29 	obligor's payor of funds, the business mailing address, the
148.30 	court action and court file number, and the support and
148.31 	collections file number, if known.
148.32 	(b) The obligee or the public authority may request a
148.33 	contested hearing on the issue of whether income withholding
148.34 	should continue.  The request must be made within 20 days of
148.35 	receiving an application for termination of income withholding.
148.36 	The request must clearly specify the basis for continuing income
149.1 	withholding.  The obligee or public authority may make an ex
149.2 	parte motion to stay the service of an order terminating income
149.3 	withholding upon the obligor's payor of funds pending the
149.4 	outcome of the contested hearing.
149.5 		Subd. 2.Termination by the public authority. (a) If the
149.6 	public authority determines that income withholding is no longer
149.7 	applicable, the public authority must notify the obligee and the
149.8 	obligor of intent to terminate income withholding.
149.9 	(b) Five days after notification to the obligee and
149.10 	obligor, the public authority must issue a notice to the payor
149.11 	of funds terminating income withholding.  A court order is not
149.12 	required unless the obligee has requested an expedited child
149.13 	support hearing under section 484.702.

149.14 	Sec. 52. [517C.63] CHILD SUPPORT DEPOSIT ACCOUNT;
149.15 	FINANCIAL INSTITUTIONS.
149.16 		Subdivision 1.Application. If income withholding is
149.17 	ineffective due to the obligor's method of obtaining income, the
149.18 	court must order the obligor to identify a child support deposit
149.19 	account owned solely by the obligor, or to establish an account,
149.20 	in a financial institution located in this state for the purpose
149.21 	of depositing court-ordered child support payments.  The court
149.22 	must order the obligor to execute an agreement with the
149.23 	appropriate public authority for preauthorized transfers from
149.24 	the obligor's child support account payable to an account of the
149.25 	public authority.  The court must order the obligor to disclose
149.26 	to the court all deposit accounts owned by the obligor in whole
149.27 	or in part in any financial institution.  The court may order
149.28 	the obligor to disclose to the court the opening or closing of
149.29 	any deposit account owned in whole or in part by the obligor
149.30 	within 30 days of the opening or closing.  The court may order
149.31 	the obligor to execute an agreement with the appropriate public
149.32 	authority for preauthorized transfers from any deposit account
149.33 	owned in whole or in part by the obligor to the obligor's child
149.34 	support deposit account if necessary to satisfy court-ordered
149.35 	child support payments.  The court may order a financial
149.36 	institution to disclose to the court the account number and any
150.1 	other information regarding accounts owned in whole or in part
150.2 	by the obligor.  An obligor who fails to comply with this
150.3 	subdivision, fails to deposit funds in at least one deposit
150.4 	account sufficient to pay court-ordered child support, or stops
150.5 	payment or revokes authorization of a preauthorized transfer is
150.6 	subject to contempt of court procedures under chapter 588.
150.7 		Subd. 2.Transfers. A financial institution must execute
150.8 	preauthorized transfers for the obligor's deposit accounts in
150.9 	the amount specified in the order and amounts required under
150.10 	this section as directed by the public authority.  A financial
150.11 	institution is liable to the obligee if funds in any of the
150.12 	obligor's deposit accounts identified in the court order equal
150.13 	the amount stated in the preauthorization agreement but are not
150.14 	transferred by the financial institution in accordance with the
150.15 	agreement.

150.16 	Sec. 53. [517C.64] ESCROW ACCOUNT.
150.17 		Subdivision 1.Stay of service. (a) If the court finds
150.18 	there is no arrearage in child support as of the date of the
150.19 	court hearing, the court must stay service of the income
150.20 	withholding order under sections 517C.51 to 517C.62 if the
150.21 	obligor:
150.22 	(1) establishes a savings account for a sum equal to two
150.23 	months of the monthly child support obligation; and 
150.24 	(2) provides proof of establishing the savings account to
150.25 	the court and the public authority on or before the day of the
150.26 	court hearing determining the obligation.
150.27 	(b) The obligor must hold the sum under paragraph (a) in a
150.28 	financial institution in an interest-bearing account with only
150.29 	the public authority authorized as drawer of funds.  The
150.30 	obligor's proof of establishing the account must include the
150.31 	financial institution name and address, account number, and the
150.32 	deposit amount.
150.33 		Subd. 2.Release of stay. Within three working days of
150.34 	receipt of notice of default, the public authority must direct
150.35 	the financial institution to release to the public authority the
150.36 	sum held under this section when the following conditions are
151.1 	met:
151.2 	(1) the obligor fails to pay the support amount to the
151.3 	obligee or the public authority within ten days of the date it
151.4 	is ordered to be paid;
151.5 	(2) the obligee transmits a notice of default to the public
151.6 	authority and makes application to the public authority for
151.7 	child support and maintenance collection services.  The obligee
151.8 	must verify the notice and the notice must contain the title of
151.9 	the action, the court file number, the obligee's full name and
151.10 	address, the obligor's name and last known address, the
151.11 	obligor's last known employer or other payor of funds, the date
151.12 	of the first unpaid amount, the date of the last unpaid amount,
151.13 	and the total amount unpaid; and 
151.14 	(3) within three working days of receipt of notice from the
151.15 	obligee, the public authority sends a copy of the notice of
151.16 	default and a notice of intent to implement income withholding
151.17 	by mail to the obligor at the address given.  The notice of
151.18 	intent must state that the public authority will serve the order
151.19 	establishing the child support or maintenance obligation on the
151.20 	obligor's employer or payor of funds unless, within 15 days
151.21 	after the mailing of the notice, the obligor requests a hearing
151.22 	on the issue of whether payment was in default as of the date of
151.23 	the notice of default.  The obligor must serve notice of the
151.24 	request for hearing on the public authority and the obligee.
151.25 		Subd. 3.Duties of public authority. Within three
151.26 	working days of receipt of sums released under subdivision 2,
151.27 	the public authority shall remit to the obligee all amounts not
151.28 	assigned under section 256.741 as current support or
151.29 	maintenance.  The public authority must also serve a copy of the
151.30 	court's order and the provisions of this section and sections
151.31 	517C.51 to 517C.62 on the obligor's employer or other payor of
151.32 	funds unless, within 15 days after mailing of the notice of
151.33 	intent to implement income withholding, the obligor makes a
151.34 	proper motion pursuant to section 484.702 and the rules of the
151.35 	expedited child support process.  The public authority must
151.36 	inform the employer or payor of funds pursuant to sections
152.1 	517C.51 to 517C.62 of the effective date on which the next
152.2 	support or maintenance payment is due.  The withholding process
152.3 	must begin on that date and must reflect the total credits of
152.4 	principal and interest amounts received from the escrow account.
152.5 		Subd. 4.Hearing. Within 30 days of the date of the
152.6 	notice of default under subdivision 2, clause (2), the court
152.7 	must hold a hearing if a motion is brought by the obligor as set
152.8 	forth in subdivision 2.  If the court finds that there was a
152.9 	default, the court must order the immediate withholding of
152.10 	support or maintenance from the obligor's income.  If the court
152.11 	finds that there was no default, the court must order either the
152.12 	obligor or obligee to reestablish the escrow account and
152.13 	continue the stay of income withholding.
152.14 		Subd. 5.Termination of stay. When the obligation for
152.15 	support of a child or for spousal maintenance ends under the
152.16 	terms of the order or decree establishing the obligation and the
152.17 	sum held under this section has not otherwise been released, the
152.18 	public authority must release the sum and interest to the
152.19 	obligor when the following conditions are met:
152.20 	(1) the obligor transmits a notice of termination to the
152.21 	public authority.  The obligor must verify the notice and the
152.22 	notice must contain the title of the action, the court file
152.23 	number, the full name and address of the obligee, specify the
152.24 	event that ends the support or maintenance obligation, the
152.25 	effective date of the termination of support or maintenance
152.26 	obligation, and the applicable provisions of the order or decree
152.27 	that established the support or maintenance obligation;
152.28 	(2) the public authority sends a copy of the notice of
152.29 	termination to the obligee; and 
152.30 	(3) the obligee fails within 20 days after mailing of the
152.31 	notice under clause (2) to request a hearing on the issue of
152.32 	whether the support or maintenance obligation continues and
152.33 	serve notice of the request for hearing on the obligor and the
152.34 	public authority.

152.35 	Sec. 54. [517C.65] TRUSTEE.
152.36 		Subdivision 1.Appointment. Upon its own motion or upon
153.1 	motion of either party, the court may appoint a trustee, when it
153.2 	is deemed expedient, to receive money ordered to be paid as
153.3 	child support for remittance to the person entitled to receive
153.4 	the payments.  The trustee may also receive property that is
153.5 	part of an award for division of marital property.  The trustee
153.6 	must hold the property in trust to invest and pay over the
153.7 	income in the manner the court directs, or to pay over the
153.8 	principal sum in the proportions and at the times the court
153.9 	orders.  In all cases, the court must consider the situation and
153.10 	circumstances of the recipient, and the children, if any.  The
153.11 	trustee must give a bond, as the court requires, for the
153.12 	faithful performance of the trust.  If it appears that the
153.13 	recipient of money ordered to be paid as support will receive
153.14 	public assistance, the court must appoint the public authority
153.15 	as trustee.
153.16 		Subd. 2.Records. The trustee must maintain records
153.17 	listing the amount of payments, the date when payments are
153.18 	required to be made, and the names and addresses of the parties
153.19 	affected by the order.
153.20 		Subd. 3.Communication. The parties affected by the
153.21 	order must inform the trustee of a change of address or of other
153.22 	conditions that may affect the administration of the order.
153.23 		Subd. 4.Late payment. If a required support payment is
153.24 	not made within ten days of the due date, the trustee must send
153.25 	the obligor notice of the arrears by first-class mail.  If
153.26 	payment of the sum due is not received by the trustee within ten
153.27 	days after sending notice, the trustee must certify the amount
153.28 	due to the public authority, whenever that authority is not the
153.29 	trustee.  If the public authority refers the arrears to the
153.30 	county attorney, the county attorney may initiate enforcement
153.31 	proceedings against the obligor for support.

153.32 	Sec. 55. [517C.66] OVERPAYMENTS.
153.33 	If child support is not assigned under section 256.741, and
153.34 	an obligor has overpaid a child support obligation because of a
153.35 	modification or error in the amount owed, the public authority
153.36 	must:
154.1 	(1) apply the amount of the overpayment to reduce the
154.2 	amount of child support arrears or debts owed to the obligee;
154.3 	and 
154.4 	(2) if an overpayment exists after the reduction of arrears
154.5 	or debt, reduce the amount of the child support remitted to the
154.6 	obligee by an amount no greater than 20 percent of the current
154.7 	monthly support obligation and remit this amount to the obligor
154.8 	until the overpayment is reduced to zero.

154.9 	Sec. 56. [517C.67] ALTERNATE NOTICE OF COURT ORDER.
154.10 	Whenever this chapter requires service of a court's order
154.11 	on an employer, union, or payor of funds, service of a verified
154.12 	notice of order may be made in lieu of the order.  The verified
154.13 	notice must contain the title of the action, the name of the
154.14 	court, the court file number, the date of the court order, and
154.15 	must recite the operative provisions of the order.

154.16 	Sec. 57. [517C.70] CHILD SUPPORT AND PARENTING TIME ARE
154.17 	INDEPENDENT.
154.18 	(a) Failure by a party to make support payments is not a
154.19 	defense to:
154.20 	(1) interference with parenting time; or 
154.21 	(2) removing a child from this state without the permission
154.22 	of the court or the other parent.
154.23 	(b) Interference with parenting time or taking a child from
154.24 	this state without permission of the court or the other parent
154.25 	is not a defense to nonpayment of support.
154.26 	(c) If a party fails to make support payments, interferes
154.27 	with parenting time, or removes a child from this state without
154.28 	permission of the court or the other parent, the other party may
154.29 	petition the court for an appropriate order.

154.30 	Sec. 58. [517C.705] SIX-MONTH REVIEW.
154.31 	A request for a six-month review hearing form must be
154.32 	attached to a decree or order that initially establishes child
154.33 	support rights and obligations according to section 517A.29.

154.34 	Sec. 59. [517C.71] PAYMENT AGREEMENTS.
154.35 		Subdivision 1.General requirements. An obligor who has
154.36 	child support arrears may enter into a payment agreement that
155.1 	addresses payment of both current and overdue support.  Payment
155.2 	agreements must:
155.3 	(1) be in writing;
155.4 	(2) address both current support and arrears; and 
155.5 	(3) be approved by the district court, a child support
155.6 	magistrate, or the public authority.
155.7 		Subd. 2.Considerations. In proposing or approving
155.8 	proposed payment agreements for purposes of this chapter, the
155.9 	district court, a child support magistrate, or the public
155.10 	authority must take into consideration the amount of the
155.11 	arrears, the amount of the current support order, any pending
155.12 	request for modification, and the earnings of the obligor.  The
155.13 	district court, child support magistrate, or public authority
155.14 	must consider the individual financial circumstances of each
155.15 	obligor in evaluating the obligor's ability to pay a proposed
155.16 	payment agreement and must propose a reasonable payment
155.17 	agreement tailored to the individual financial circumstances of
155.18 	each obligor.  The district court, child support magistrate, or
155.19 	public authority also must consider a graduated payment plan
155.20 	tailored to the individual financial circumstances of each
155.21 	obligor.

155.22 	Sec. 60. [517C.72] SEEK EMPLOYMENT ORDERS.
155.23 		Subdivision 1.Court order. (a) When the public
155.24 	authority is enforcing a support order, the public authority may
155.25 	seek a court order requiring an obligor to seek employment if:
155.26 	(1) the obligor's employment cannot be verified;
155.27 	(2) the obligor has child support arrears amounting to at
155.28 	least three times the obligor's total monthly support payments;
155.29 	and 
155.30 	(3) the obligor is not in compliance with a payment
155.31 	agreement.
155.32 	(b) Upon proper notice to the obligor, the court may enter
155.33 	a seek employment order if it finds that the obligor has not
155.34 	provided proof of gainful employment and has not consented to an
155.35 	order for income withholding or entered into a payment agreement.
155.36 		Subd. 2.Contents of order. The order to seek employment
156.1 	must:
156.2 	(1) order that the obligor seek employment within a
156.3 	determinate amount of time;
156.4 	(2) order that the obligor file with the public authority a
156.5 	weekly report of at least five new attempts to find employment
156.6 	or of having found employment.  The report must include the
156.7 	names, addresses, and telephone numbers of the employers or
156.8 	businesses with whom the obligor attempted to obtain employment
156.9 	and the name of the individual contact at each employer or
156.10 	business to whom the obligor made application for employment or
156.11 	to whom an inquiry was directed;
156.12 	(3) notify the obligor that failure to comply with the
156.13 	order is evidence of a willful failure to pay support under
156.14 	section 517C.74;
156.15 	(4) order that the obligor provide the public authority
156.16 	with verification of any reason for noncompliance with the
156.17 	order; and 
156.18 	(5) specify the duration of the order, not to exceed three
156.19 	months.

156.20 	Sec. 61. [517C.73] ORDER FOR COMMUNITY SERVICES.
156.21 	If the court finds that the obligor earns $400 or less per
156.22 	month and does not have the ability to provide support based on
156.23 	the guidelines and factors in this chapter, the court may order
156.24 	the obligor to perform community services to fulfill the
156.25 	obligor's support obligation.  In ordering community services
156.26 	under this section, the court must consider whether the obligor
156.27 	has the physical capability to perform community services, and
156.28 	must order community services that are appropriate for the
156.29 	obligor's abilities.

156.30 	Sec. 62. [517C.74] CONTEMPT PROCEEDINGS FOR NONPAYMENT OF
156.31 	SUPPORT.
156.32 		Subdivision 1.Grounds. If a person against whom an
156.33 	order or decree for support has been entered under this chapter,
156.34 	chapter 256, or a comparable law from another jurisdiction, has
156.35 	child support arrears amounting to at least three times the
156.36 	obligor's total monthly support obligation and is not in
157.1 	compliance with a payment agreement, a court may cite and punish
157.2 	a person for contempt under section 517C.25, subdivision 1,
157.3 	chapter 588, or this section.  An obligor's failure to comply
157.4 	with a seek employment order entered under section 517C.72 is
157.5 	evidence of willful failure to pay support.
157.6 		Subd. 2.Court options. (a) If a court cites a person
157.7 	for contempt under this section, and the obligor lives in a
157.8 	county that contracts with the commissioner of human services
157.9 	under section 256.997, the court may order the performance of
157.10 	community service work up to 32 hours per week for six weeks for
157.11 	each finding of contempt if the obligor:
157.12 	(1) is able to work full time;
157.13 	(2) works an average of less than 32 hours per week; and 
157.14 	(3) has actual weekly gross income averaging less than 40
157.15 	times the federal minimum hourly wage under United States Code,
157.16 	title 29, section 206(a)(1), or is voluntarily earning less than
157.17 	the obligor has the ability to earn, as determined by the court.
157.18 	(b) An obligor is presumed to be able to work full time.
157.19 	The obligor has the burden of proving inability to work full
157.20 	time.
157.21 		Subd. 3.Release. A person ordered to do community
157.22 	service work under subdivision 2 may, during the six-week
157.23 	period, apply to the district court, a child support magistrate,
157.24 	or the public authority to be released from the community
157.25 	service work requirement if the person:
157.26 	(1) provides proof to the district court, a child support
157.27 	magistrate, or the public authority that the person is gainfully
157.28 	employed and submits to an order for income withholding under
157.29 	section 517C.52;
157.30 	(2) enters into a payment agreement under section 517C.71;
157.31 	or 
157.32 	(3) provides proof to the district court, a child support
157.33 	magistrate, or the public authority that, after entry of the
157.34 	order, the person's circumstances have so changed that the
157.35 	person is no longer able to fulfill the terms of the community
157.36 	service order.
158.1 		Subd. 4.Continuing obligations. An obligor's
158.2 	performance of community service work does not relieve the
158.3 	obligor of a current support obligation or arrears.

158.4 	Sec. 63. [517C.745] SECURITY; SEQUESTRATION; CONTEMPT.
158.5 	(a) In all cases when the court orders support payments,
158.6 	the court may require sufficient security to be given for the
158.7 	payment of them according to the terms of the order.  Upon
158.8 	neglect or refusal to give security, or upon failure to pay the
158.9 	support, the court may sequester the obligor's personal estate
158.10 	and the rents and profits of real estate of the obligor, and
158.11 	appoint a receiver of them.  The court may cause the personal
158.12 	estate and the rents and profits of the real estate to be
158.13 	applied according to the terms of the order.
158.14 	(b) The obligor is presumed to have an income from a source
158.15 	sufficient to pay the support order.  A child support order
158.16 	constitutes prima facie evidence that the obligor has the
158.17 	ability to pay the award.  If the obligor disobeys the order, it
158.18 	is prima facie evidence of contempt.  The court may cite the
158.19 	obligor for contempt under this section, section 517C.74, or
158.20 	chapter 588.

158.21 	Sec. 64. [517C.75] DRIVER'S LICENSE SUSPENSION.
158.22 		Subdivision 1.Factors warranting suspension. An
158.23 	obligor's driver's license must be suspended if the court finds
158.24 	that the obligor has been or may be issued a driver's license by
158.25 	the commissioner of public safety and if:
158.26 	(1) the obligor has arrears amounting to at least three
158.27 	times the obligor's total monthly support obligation and the
158.28 	obligor is not in compliance with a payment agreement under
158.29 	section 517C.71; or 
158.30 	(2) the obligor has failed, after receiving notice, to
158.31 	comply with a subpoena relating to a paternity or child support
158.32 	proceeding.
158.33 		Subd. 2.Suspension initiated by obligee. (a) An obligee
158.34 	may bring a motion to suspend an obligor's driver's license.
158.35 	The obligee must properly serve the motion on the obligor
158.36 	pursuant to court rules and file the motion with the court.  An
159.1 	obligee may not bring a motion under this subdivision within 12
159.2 	months of a denial of a previous motion under this subdivision.
159.3 	(b) At the hearing, if the court finds that a factor under
159.4 	subdivision 1 exists, the court must:
159.5 	(1) order the commissioner of public safety to suspend the
159.6 	obligor's driver's license; and 
159.7 	(2) stay the order for 90 days to allow the obligor the
159.8 	opportunity to enter into a payment agreement under section
159.9 	517C.71.
159.10 	(c) If after 90 days the obligor has not entered into or is
159.11 	not in compliance with a payment agreement under section
159.12 	517C.71, the court's order becomes effective and the
159.13 	commissioner of public safety must suspend the obligor's
159.14 	driver's license.
159.15 		Subd. 3.Suspension initiated by public authority. (a)
159.16 	If the public authority determines that a factor in subdivision
159.17 	1 exists, the public authority must initiate the suspension of
159.18 	the obligor's driver's license.
159.19 	(b) The public authority must mail a written notice to the
159.20 	obligor at the obligor's last known address indicating that:
159.21 	(1) the public authority intends to seek suspension of the
159.22 	obligor's driver's license; and 
159.23 	(2) the obligor must make a written request for a hearing
159.24 	to contest the driver's license suspension within 30 days of the
159.25 	date of the notice.
159.26 	(c) If the obligor requests a hearing within 30 days of the
159.27 	date of the notice, a court hearing must be held.  At least 14
159.28 	days before the hearing, the public authority must serve notice
159.29 	on the obligor personally or by mail at the obligor's last known
159.30 	address of the following:
159.31 	(1) the hearing time and place;
159.32 	(2) the allegations against the obligor; and 
159.33 	(3) a statement informing the obligor of the requirement to
159.34 	enter into a payment agreement under section 517C.71 to avoid
159.35 	license suspension.
159.36 	(d) If a hearing is held and the court finds a factor under
160.1 	subdivision 1 exists, the court must order the commissioner of
160.2 	public safety to suspend the obligor's driver's license.
160.3 	(e) If the obligor does not request a hearing within 30
160.4 	days of the date of the notice and has not executed a written
160.5 	payment agreement under section 517C.71 that is approved by the
160.6 	public authority within 90 days of the date of the notice, the
160.7 	public authority must direct the commissioner of public safety
160.8 	to suspend the obligor's driver's license.
160.9 		Subd. 4.Suspension for failure to comply with
160.10 	subpoena. (a) A court, child support magistrate, or the public
160.11 	authority may direct the commissioner of public safety to
160.12 	suspend an obligor's driver's license if the obligor has failed,
160.13 	after receiving notice, to comply with a subpoena relating to a
160.14 	paternity or child support proceeding.
160.15 	(b) The notice to an obligor of intent to suspend a
160.16 	driver's license must be served by first class mail at the
160.17 	obligor's last known address.  The notice must inform the
160.18 	obligor of the right to make a written request for a hearing.
160.19 	(c) If the obligor makes a written request within ten days
160.20 	of the date of the notice, a hearing must be held.  At the
160.21 	hearing, the only issues to be considered are mistake of fact
160.22 	and whether the obligor received the subpoena.
160.23 		Subd. 5.Suspension for failure to remain in compliance
160.24 	with payment agreement. The license of an obligor who fails to
160.25 	remain in compliance with a payment agreement under section
160.26 	517C.71 may be suspended.  A party or the public authority must
160.27 	serve notice upon the obligor of intent to suspend under this
160.28 	subdivision.  The party or public authority must serve the
160.29 	notice upon the obligor by first class mail at the obligor's
160.30 	last known address not less than ten days before the hearing
160.31 	date.  The notice must include a notice of hearing.  If the
160.32 	obligor appears at the hearing and the judge determines that the
160.33 	obligor has failed to comply with a payment agreement under
160.34 	section 517C.71, the judge must notify the department of public
160.35 	safety to suspend the obligor's license.  If the obligor fails
160.36 	to appear at the hearing, the public authority may notify the
161.1 	department of public safety to suspend the obligor's license.
161.2 		Subd. 6.Reinstatement. (a) An obligor whose driver's
161.3 	license or operating privileges are suspended may:
161.4 	(1) provide proof to the public authority that the obligor
161.5 	is in compliance with all payment agreements under section
161.6 	517C.71;
161.7 	(2) bring a motion for reinstatement of the driver's
161.8 	license.  At the hearing, the district court or child support
161.9 	magistrate must establish a payment agreement under section
161.10 	517C.71 if the district court or child support magistrate orders
161.11 	reinstatement of the driver's license; or 
161.12 	(3) seek a limited license under section 171.30.  A limited
161.13 	license issued to an obligor under section 171.30 expires 90
161.14 	days after the date it is issued.
161.15 	(b) Within 15 days of the receipt of the proof under
161.16 	paragraph (a), clause (1), or a court order, the public
161.17 	authority must inform the commissioner of public safety that the
161.18 	obligor's driver's license or operating privileges should no
161.19 	longer be suspended.
161.20 		Subd. 7.Remedies available. The remedy under this
161.21 	section is in addition to any other enforcement remedy available
161.22 	to the court or public authority.
161.23 		Subd. 8.Report to legislature. On January 15, 2007, and
161.24 	every two years after that, the commissioner of human services
161.25 	must submit a report to the legislature that identifies the
161.26 	following information relevant to the implementation of this
161.27 	section:
161.28 	(1) the number of child support obligors notified of an
161.29 	intent to suspend a driver's license;
161.30 	(2) the amount collected in payments from the child support
161.31 	obligors notified of an intent to suspend a driver's license;
161.32 	(3) the number of cases paid in full and payment agreements
161.33 	executed in response to notification of an intent to suspend a
161.34 	driver's license;
161.35 	(4) the number of cases in which there has been
161.36 	notification and no payments or payment agreements;
162.1 	(5) the number of driver's licenses suspended;
162.2 	(6) the cost of implementation and operation of the
162.3 	requirements of this section; and 
162.4 	(7) the number of limited licenses issued and number of
162.5 	cases in which payment agreements are executed and cases are
162.6 	paid in full following issuance of a limited license.

162.7 	Sec. 65. [517C.76] OCCUPATIONAL LICENSE SUSPENSION.
162.8 		Subdivision 1.Factors warranting suspension. An
162.9 	obligor's occupational license must be suspended if the court
162.10 	finds that the obligor is or may be licensed by a licensing
162.11 	board listed in section 214.01 or other state, county, or
162.12 	municipal agency or board that issues an occupation license and
162.13 	if:
162.14 	(1) the obligor has arrears amounting to at least three
162.15 	times the obligor's total monthly support obligation and the
162.16 	obligor is not in compliance with a payment agreement under
162.17 	section 517C.71; or 
162.18 	(2) the obligor has failed, after receiving notice, to
162.19 	comply with a subpoena relating to a paternity or child support
162.20 	proceeding.
162.21 		Subd. 2.Suspension initiated by obligee. (a) An obligee
162.22 	may bring a motion to suspend an obligor's occupational
162.23 	license.  The obligee must properly serve the motion on the
162.24 	obligor pursuant to court rules and file the motion with the
162.25 	court.
162.26 	(b) At the hearing, if the court finds that a factor under
162.27 	subdivision 1 exists, the court must:
162.28 	(1) order the licensing board or agency to suspend the
162.29 	obligor's occupational license under section 214.101; and 
162.30 	(2) stay the order for 90 days to allow the obligor the
162.31 	opportunity to enter into a payment agreement under section
162.32 	257C.71.
162.33 	(c) If after 90 days the obligor has not entered into or is
162.34 	not in compliance with a payment agreement under section
162.35 	517C.71, the court order becomes effective and the licensing
162.36 	board or agency must suspend the obligor's occupational license.
163.1 	(d) If the obligor is a licensed attorney, the court must
163.2 	comply with the procedure under subdivision 4 for notifying the
163.3 	lawyers professional responsibility board.
163.4 		Subd. 3.Suspension initiated by public authority. (a)
163.5 	If the public authority determines that a factor in subdivision
163.6 	1 exists, the public authority must initiate the suspension of
163.7 	the obligor's occupational license.
163.8 	(b) The public authority must mail a written notice to the
163.9 	obligor at the obligor's last known address indicating that:
163.10 	(1) the public authority intends to seek suspension of the
163.11 	obligor's occupational license; and 
163.12 	(2) the obligor must make a written request for a hearing
163.13 	to contest the occupational license suspension within 30 days of
163.14 	the date of the notice.
163.15 	(c) If the obligor requests a hearing within 30 days of the
163.16 	date of the notice, a court hearing must be held.  At least 14
163.17 	days before the hearing, the public authority must serve notice
163.18 	on the obligor personally or by mail at the obligor's last known
163.19 	address of the following:
163.20 	(1) the hearing time and place;
163.21 	(2) the allegations against the obligor; and 
163.22 	(3) a statement informing the obligor of the requirement to
163.23 	enter into a payment agreement under section 517C.71 to avoid
163.24 	license suspension.
163.25 	(d) If a hearing is held and the court finds a factor
163.26 	warranting suspension under subdivision 1 exists, the court must
163.27 	order the occupational licensing board or agency to suspend the
163.28 	obligor's occupational license.
163.29 	(e) If the obligor does not request a hearing within 30
163.30 	days of the date of the notice and has not executed a written
163.31 	payment agreement under section 517C.71 that is approved by the
163.32 	public authority within 90 days of the date of the notice, the
163.33 	public authority must direct the occupational licensing board or
163.34 	agency to suspend the obligor's occupational license.
163.35 	(f) If the obligor is a licensed attorney, the court or
163.36 	public authority must comply with the procedure under
164.1 	subdivision 4 for notifying the lawyers professional
164.2 	responsibility board.
164.3 		Subd. 4.Obligor is licensed attorney. If an obligor is
164.4 	a licensed attorney and the court finds that a factor warranting
164.5 	suspension under subdivision 1 exists, the court or public
164.6 	authority must notify the lawyers professional responsibility
164.7 	board for appropriate action in accordance with the rules of
164.8 	professional conduct or order the licensing board or agency to
164.9 	suspend the obligor's license if the court finds that the
164.10 	obligor:
164.11 	(1) is licensed by a licensing board or other state agency
164.12 	that issues an occupational license;
164.13 	(2) has not made full payment of arrears found to be due by
164.14 	the public authority; and 
164.15 	(3) has not executed or is not in compliance with a payment
164.16 	agreement.
164.17 		Subd. 5.Suspension for failure to comply with a
164.18 	subpoena. (a) A court, child support magistrate, or the public
164.19 	authority may direct the occupational licensing board or agency
164.20 	to suspend an obligor's occupational license if the obligor has
164.21 	failed, after receiving notice, to comply with a subpoena
164.22 	relating to a paternity or child support proceeding.
164.23 	(b) The notice to an obligor of intent to suspend an
164.24 	occupational license must be served by first class mail at the
164.25 	obligor's last known address.  The notice must inform the
164.26 	obligor of the right to make a written request for a hearing.
164.27 	(c) If the obligor makes a written request within ten days
164.28 	of the date of the notice, a hearing must be held.  At the
164.29 	hearing, the only issues to be considered are mistake of fact
164.30 	and whether the obligor received the subpoena.
164.31 		Subd. 6.Failure to remain in compliance with an approved
164.32 	payment agreement. The license of an obligor who fails to
164.33 	remain in compliance with a payment agreement under section
164.34 	517C.71 may be suspended.  A party must serve notice upon the
164.35 	obligor of an intent to suspend under this subdivision.  A party
164.36 	must serve the notice by first class mail at the obligor's last
165.1 	known address not less than ten days before the date of the
165.2 	hearing.  The notice must include a notice of hearing.  If the
165.3 	obligor appears at the hearing and the judge determines that the
165.4 	obligor has failed to comply with a payment agreement under
165.5 	section 517C.71, the judge must notify the licensing board or
165.6 	agency to suspend the obligor's license.  If the obligor fails
165.7 	to appear at the hearing, the public authority may notify the
165.8 	licensing board or agency to suspend the obligor's license.
165.9 		Subd. 7.Reinstatement. An obligor whose occupational
165.10 	license is suspended may provide proof to the public authority
165.11 	that the obligor is in compliance with all payment agreements
165.12 	under section 517C.71.  Within 15 days of the receipt of that
165.13 	proof, the public authority must inform the licensing board or
165.14 	agency or the lawyer's professional responsibility board that
165.15 	the obligor is no longer ineligible for license issuance,
165.16 	reinstatement, or renewal under this section.
165.17 		Subd. 8.Remedies available. The remedy under this
165.18 	section is in addition to any other enforcement remedy available
165.19 	to the court or public authority.

165.20 	Sec. 66. [517C.77] DATA ON SUSPENSIONS FOR SUPPORT
165.21 	ARREARS.
165.22 	Notwithstanding section 13.03, subdivision 4, paragraph
165.23 	(c), data on an occupational license suspension under section
165.24 	517C.76 or a driver's license suspension under section 517C.75,
165.25 	that are transferred by the Department of Human Services to the
165.26 	Department of Public Safety or a state, county, or municipal
165.27 	occupational licensing agency respectively must have the same
165.28 	classification at the Department of Public Safety or other
165.29 	receiving agency under section 13.02 as other license suspension
165.30 	data held by the receiving agency.  The transfer of the data
165.31 	does not affect the classification of the data in the hands of
165.32 	the Department of Human Services.

165.33 	Sec. 67. [517C.78] RECREATIONAL LICENSE SUSPENSION.
165.34 		Subdivision 1.Motion; factors. (a) An obligee or the
165.35 	public authority may bring a motion to suspend the recreational
165.36 	license or licenses of an obligor.  An obligee or the public
166.1 	authority must serve the motion on the obligor in person or by
166.2 	first class mail at the obligor's last known address.  There
166.3 	must be an opportunity for a hearing.  The court may direct the
166.4 	commissioner of natural resources to suspend or bar receipt of
166.5 	the obligor's recreational license or licenses if it finds that:
166.6 	(1) the obligor has child support arrears amounting to at
166.7 	least six times the obligor's total monthly support payments and
166.8 	the obligor is not in compliance with a payment agreement under
166.9 	section 517C.71; or 
166.10 	(2) the obligor has failed, after receiving notice, to
166.11 	comply with a subpoena relating to a paternity or child support
166.12 	proceeding.
166.13 	(b) Before utilizing this section, the court must find that
166.14 	other substantial enforcement mechanisms have been attempted but
166.15 	have not resulted in compliance.
166.16 		Subd. 2.Affected licenses. For purposes of this
166.17 	section, a recreational license includes all licenses, permits,
166.18 	and stamps issued centrally by the commissioner of natural
166.19 	resources under sections 97B.301, 97B.401, 97B.501, 97B.515,
166.20 	97B.601, 97B.715, 97B.721, 97B.801, 97C.301, and 97C.305.
166.21 		Subd. 3.Reinstatement. An obligor whose recreational
166.22 	license has been suspended or barred may provide proof to the
166.23 	court that the obligor is in compliance with all payment
166.24 	agreements under section 517C.71.  Within 15 days of receipt of
166.25 	that proof, the court must notify the commissioner of natural
166.26 	resources that the obligor's recreational license or licenses
166.27 	must no longer be suspended nor may receipt be barred.

166.28 	Sec. 68. [517C.79] MOTOR VEHICLE LIEN.
166.29 		Subdivision 1.Factors warranting lien. A lien in the
166.30 	name of the obligee or the state of Minnesota, as appropriate,
166.31 	in accordance with section 168A.05, subdivision 8, must be
166.32 	entered on any motor vehicle certificate of title subsequently
166.33 	issued in the obligor's name if the obligor:
166.34 	(1) is a debtor for a judgment debt resulting from child
166.35 	support arrears in an amount at least three times the total
166.36 	monthly support obligation; and 
167.1 	(2) is not in compliance with a payment agreement under
167.2 	section 517C.71.
167.3 		Subd. 2.Lien initiated by obligee. (a) An obligee may
167.4 	bring a motion for the entry of a lien on any motor vehicle
167.5 	certificate of title issued in the obligor's name.  The obligee
167.6 	must properly serve the motion on the obligor pursuant to court
167.7 	rules and file the motion with the court.
167.8 	(b) At the hearing, if the court finds that the factors
167.9 	under subdivision 1 exist, the court must:
167.10 	(1) order the commissioner of public safety to enter a lien
167.11 	in the obligee's name or in the name of the state of Minnesota,
167.12 	as appropriate under section 168A.05, subdivision 8, on any
167.13 	motor vehicle certificate of title subsequently issued in the
167.14 	obligor's name; and 
167.15 	(2) stay the order for 90 days to allow the obligor the
167.16 	opportunity to enter into a payment agreement under section
167.17 	517C.71.
167.18 	(c) If after 90 days the obligor has not entered into or is
167.19 	not in compliance with a payment agreement under section
167.20 	517C.71, the court's order becomes effective and the
167.21 	commissioner of public safety must enter the lien on any motor
167.22 	vehicle certificate of title subsequently issued in the
167.23 	obligor's name.
167.24 		Subd. 3.Lien initiated by public authority. (a) If the
167.25 	public authority determines that the factors in subdivision 1
167.26 	exist, the public authority must direct the commissioner of
167.27 	public safety to enter a lien in the name of the obligee or in
167.28 	the name of the state of Minnesota, as appropriate, under
167.29 	section 168A.05, subdivision 8, on any motor vehicle certificate
167.30 	of title subsequently issued in the obligor's name.
167.31 	(b) At least 90 days before directing the entry of a lien
167.32 	under this section, the public authority must mail a written
167.33 	notice to the obligor at the obligor's last known address
167.34 	indicating that:
167.35 	(1) the public authority intends to enter a lien on any
167.36 	motor vehicle certificate of title subsequently issued in the
168.1 	obligor's name; and 
168.2 	(2) the obligor must make a written request for a hearing
168.3 	within 30 days of the date of the notice to contest the action.
168.4 	(c) If the obligor makes a written request for a hearing
168.5 	within 30 days of the date of the notice, a court hearing must
168.6 	be held.  At least 14 days before the hearing, the public
168.7 	authority must serve the obligor personally or by mail at the
168.8 	obligor's last known address with a notice including the hearing
168.9 	time and place and the allegations against the obligor.
168.10 	(d) If a hearing is held and the court finds the factors
168.11 	under subdivision 1 exist, the court must order the commissioner
168.12 	of public safety to enter the lien on any motor vehicle
168.13 	certificate of title subsequently issued in the obligor's name.
168.14 	(e) If the obligor does not make a written request for a
168.15 	hearing within 30 days of the date of the notice and has not
168.16 	entered into or is not in compliance with a payment agreement
168.17 	under section 517C.71 approved by the public authority within 90
168.18 	days of the date of the notice, the public authority must direct
168.19 	the commissioner of public safety to enter the lien on any motor
168.20 	vehicle certificate of title subsequently issued in the
168.21 	obligor's name.
168.22 		Subd. 4.Release. An obligor may provide proof to the
168.23 	court or the public authority that the obligor is in compliance
168.24 	with all written payment agreements under section 517C.71 or
168.25 	that the motor vehicle's value is less than the exemption
168.26 	provided under section 550.37.  Within 15 days of the receipt of
168.27 	that proof, the court or public authority must:
168.28 	(1) execute a release of security interest under section
168.29 	168A.20, subdivision 4, and mail or deliver the release to the
168.30 	owner or other authorized person; or 
168.31 	(2) in instances where a lien has not yet been entered,
168.32 	direct the commissioner of public safety not to enter a lien on
168.33 	any motor vehicle certificate of title subsequently issued in
168.34 	the obligor's name.
168.35 		Subd. 5.Nonexempt value. A lien recorded against a
168.36 	motor vehicle certificate of title under this section and
169.1 	section 168A.05, subdivision 8, attaches only to the nonexempt
169.2 	value of the motor vehicle as determined in accordance with
169.3 	section 550.37.  The value of a motor vehicle must be determined
169.4 	in accordance with the retail value described in the National
169.5 	Auto Dealers Association Official Used Car Guide, Midwest
169.6 	Edition, for the current year, or in accordance with the
169.7 	purchase price as defined in section 297B.01, subdivision 8.
169.8 		Subd. 6.Remedies available. The remedy available under
169.9 	this section is in addition to any other enforcement remedies
169.10 	available to the court or public authority.

169.11 	Sec. 69. [517C.80] PUBLICATION OF NAMES OF DELINQUENT
169.12 	CHILD SUPPORT OBLIGORS.
169.13 		Subdivision 1.Making names public. At least once each
169.14 	year, the commissioner of human services, in consultation with
169.15 	the attorney general, may publish a list of the names and other
169.16 	identifying information of no more than 25 persons who:
169.17 	(1) are child support obligors;
169.18 	(2) are at least $10,000 in arrears;
169.19 	(3) are not in compliance with a payment agreement
169.20 	regarding both current support and arrears approved by the
169.21 	district court, a child support magistrate, or the public
169.22 	authority;
169.23 	(4) cannot currently be located by the public authority for
169.24 	the purposes of enforcing a support order; and 
169.25 	(5) have not made a support payment except tax intercept
169.26 	payments in the preceding 12 months.
169.27 		Subd. 2.Identifying information. Identifying
169.28 	information may include the obligor's name, last known address,
169.29 	amount owed, date of birth, photograph, the number of children
169.30 	for whom support is owed, and any additional information about
169.31 	the obligor that would assist in identifying or locating the
169.32 	obligor.  The commissioner and attorney general may use posters,
169.33 	media presentations, electronic technology, and other means that
169.34 	the commissioner and attorney general determine are appropriate
169.35 	for dissemination of the information, including publication on
169.36 	the Internet.  The commissioner and attorney general may make
170.1 	any or all of the identifying information regarding these
170.2 	persons public.  Information regarding an obligor who meets the
170.3 	criteria in this section will only be made public after that
170.4 	person's selection by the commissioner and attorney general.
170.5 		Subd. 3.Notice. (a) Before making the obligor's name
170.6 	public, the Department of Human Services must send a notice to
170.7 	the obligor's last known address stating the department's
170.8 	intention to make public information on the obligor.  The notice
170.9 	must also provide an opportunity to have the obligor's name
170.10 	removed from the list by paying the arrears or by entering into
170.11 	an agreement to pay the arrears, or by providing information to
170.12 	the public authority that there is good cause not to make the
170.13 	information public.  The notice must include the final date when
170.14 	the payment or agreement can be accepted.
170.15 	(b) The Department of Human Services must obtain the
170.16 	obligee's written consent to make the obligor's name public.
170.17 		Subd. 4.Names published in error. If the commissioner
170.18 	makes a name public under subdivision 1 in error, the
170.19 	commissioner must also offer to publish a printed retraction and
170.20 	a public apology acknowledging that the name was made public in
170.21 	error.  If the person whose name was made public in error elects
170.22 	the public retraction and apology, the retraction and apology
170.23 	must appear in the same medium and the same format as the
170.24 	original notice where the name was listed in error.  In addition
170.25 	to the right of a public retraction and apology, a person whose
170.26 	name was made public in error has a civil action for damages
170.27 	caused by the error.

170.28 	Sec. 70. [517C.81] COLLECTION; ARREARS.
170.29 		Subdivision 1.Collection of arrears to continue after
170.30 	child is emancipated. Remedies available for collecting and
170.31 	enforcing support in this chapter and chapters 256, 257, and
170.32 	518C also apply to cases in which a child for whom support is
170.33 	owed is emancipated and the obligor owes past support or has
170.34 	accumulated arrears as of the date of the youngest child's
170.35 	emancipation.  Child support arrears under this section include
170.36 	arrears for child support, medical support, child care,
171.1 	pregnancy and birth expenses, and unreimbursed medical expenses
171.2 	as defined in section 517C.15.
171.3 		Subd. 2.Retroactive application. This section applies
171.4 	retroactively to support arrears that accrued on or before the
171.5 	date of enactment and to all arrears accruing after the date of
171.6 	enactment.
171.7 		Subd. 3.Limitations. Past support or pregnancy and
171.8 	confinement expenses ordered for which the obligor has specific
171.9 	court-ordered terms for repayment may not be enforced using
171.10 	drivers' and occupational or professional license suspension,
171.11 	credit bureau reporting, and additional income withholding under
171.12 	section 517C.60, unless the obligor fails to comply with the
171.13 	terms of the court order for repayment.
171.14 		Subd. 4.Payment of arrears. Absent a court order to the
171.15 	contrary, if an arrearage exists at the time a support order
171.16 	would otherwise terminate and section 517C.60 does not apply,
171.17 	the obligor must repay the arrearage in an amount equal to the
171.18 	current support order until all arrears have been paid in full.
171.19 		Subd. 5.Payment agreement. If arrears exist according
171.20 	to a support order which fails to establish a monthly support
171.21 	obligation in a specific dollar amount, the public authority, if
171.22 	it provides child support collection services, or the obligee
171.23 	may establish a payment agreement.  The payment agreement must
171.24 	equal what the obligor would pay for current child support, plus
171.25 	an additional 20 percent of the current child support
171.26 	obligation, until all arrears are paid in full.  If the obligor
171.27 	fails to enter into or comply with a payment agreement, the
171.28 	public authority, if it provides child support collection
171.29 	services, or the obligee may file a motion in district court or
171.30 	the expedited child support process, if section 484.702 applies,
171.31 	for a court order establishing repayment terms.

171.32 	Sec. 71. [517C.82] COLLECTION; REVENUE RECAPTURE.
171.33 	The public authority may submit debt under chapter 270A
171.34 	only if the obligor is in arrears in court-ordered child support
171.35 	or maintenance payments, or both, in an amount greater than the
171.36 	obligor's total monthly support and maintenance payments or if
172.1 	the debt has been entered and docketed as a judgment.

172.2 	Sec. 72. [517C.83] CASE REVIEWER.
172.3 	The commissioner must make a case reviewer available to
172.4 	obligors and obligees.  The reviewer must be available to answer
172.5 	questions concerning the collection process and to review the
172.6 	collection activity taken.  A reviewer who reasonably believes
172.7 	that a particular action being taken is unreasonable or unfair
172.8 	may make recommendations to the commissioner and the applicable
172.9 	county in regard to the collection action.

172.10 	Sec. 73. [517C.84] ATTORNEY FEES; COLLECTION COSTS.
172.11 		Subdivision 1.General. (a) A child support obligee is
172.12 	entitled to recover from the obligor reasonable attorney fees
172.13 	and other collection costs incurred to enforce a child support
172.14 	judgment, as provided in this section if the child support
172.15 	arrears are:
172.16 	(1) at least $500;
172.17 	(2) at least 90 days past due; and 
172.18 	(3) docketed as a judgment under sections 548.09 and
172.19 	548.091.
172.20 	(b) If the obligor pays in full the judgment rendered under
172.21 	section 548.091 within 20 days of receipt of notice of entry of
172.22 	judgment, the obligee is not entitled to recover attorney fees
172.23 	or collection costs under this section.
172.24 		Subd. 2.Enforcement. Attorney fees and collection costs
172.25 	obtained under this section are considered child support and
172.26 	entitled to the applicable remedies for child support collection
172.27 	and enforcement.
172.28 		Subd. 3.Notice to public authority. If the public
172.29 	authority is a party to a case, an obligee must provide written
172.30 	notice to the public authority within five days of:
172.31 	(1) contracting with an attorney or collection entity to
172.32 	enforce a child support judgment; or 
172.33 	(2) receipting payments received on a child support
172.34 	judgment.
172.35 		Subd. 4.Notice to obligor; hearing. (a) The obligee
172.36 	must serve notice of the obligee's intent to recover attorney
173.1 	fees and collection costs by certified or registered mail on the
173.2 	obligor at the obligor's last known address.  The notice must
173.3 	itemize the attorney fees and collection costs being sought by
173.4 	the obligee.  It must inform the obligor that the fees and costs
173.5 	will become an additional judgment for child support unless,
173.6 	within 20 days of mailing of the notice, the obligor requests a
173.7 	hearing:
173.8 	(1) on the reasonableness of the fees and costs; or 
173.9 	(2) to contest the child support judgment on grounds
173.10 	limited to mistake of fact.
173.11 	(b) If the obligor requests a hearing, the only issues to
173.12 	be determined by the court are:
173.13 	(1) whether the attorney fees or collection costs were
173.14 	reasonably incurred by the obligee for the enforcement of a
173.15 	child support judgment against the obligor; or 
173.16 	(2) the validity of the child support judgment on grounds
173.17 	limited to mistake of fact.
173.18 	(c) The fees and costs may not exceed 30 percent of the
173.19 	arrears.  The court may modify the amount of attorney fees and
173.20 	costs as appropriate and must enter judgment accordingly.
173.21 	(d) If the obligor fails to request a hearing within 20
173.22 	days of mailing of the notice under paragraph (a), the amount of
173.23 	the attorney fees or collection costs requested by the obligee
173.24 	in the notice automatically becomes an additional judgment for
173.25 	child support.
173.26 		Subd. 5.Forms. The state court administrator must
173.27 	prepare and make available to the court and the parties forms
173.28 	for use in providing for notice and requesting a hearing under
173.29 	this section.

173.30 	Sec. 74. [517C.99] REQUIRED NOTICES.
173.31 		Subdivision 1.Requirement. Every court order or
173.32 	judgment and decree that provides for child support, spousal
173.33 	maintenance, custody, or parenting time must contain certain
173.34 	notices as set out in subdivision 3.  The information in the
173.35 	notices must be concisely stated in plain language.  The notices
173.36 	must be in clearly legible print, but may not exceed two pages.
174.1 	An order or judgment and decree without the notice remains
174.2 	subject to all statutes.  The court may waive all or part of the
174.3 	notice required under subdivision 3 relating to parental rights
174.4 	if it finds it is necessary to protect the welfare of a party or
174.5 	child.
174.6 		Subd. 2.Copies of laws and forms. The district court
174.7 	administrator must make copies of the sections referred to in
174.8 	subdivision 3 available at no charge and must provide forms to
174.9 	request or contest attorney fees and collection costs under
174.10 	section 517C.84, and cost-of-living increases under section
174.11 	517C.31.
174.12 		Subd. 3.Contents. The required notices must be
174.13 	substantially as follows:
174.14 	IMPORTANT NOTICE 
174.15 	1.  PAYMENTS TO PUBLIC AGENCY 
174.16 	According to Minnesota Statutes, section 517C.35, payments
174.17 	ordered for maintenance and support must be paid to the
174.18 	public agency responsible for child support enforcement as
174.19 	long as the person entitled to receive the payments is
174.20 	receiving or has applied for public assistance or has
174.21 	applied for support and maintenance collection services.
174.22 	MAIL PAYMENTS TO:
174.23 	2.  DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A
174.24 	FELONY 
174.25 	A person may be charged with a felony who conceals a minor
174.26 	child or takes, obtains, retains, or fails to return a
174.27 	minor child from or to the child's parent (or person with
174.28 	custodial or visitation rights), according to Minnesota
174.29 	Statutes, section 609.26.  A copy of that section is
174.30 	available from any district court clerk.
174.31 	3.  NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES 
174.32 	A person who fails to pay court-ordered child support or
174.33 	maintenance may be charged with a crime, which may include
174.34 	misdemeanor, gross misdemeanor, or felony charges,
174.35 	according to Minnesota Statutes, section 609.375.  A copy
174.36 	of that section is available from any district court clerk.
175.1 	4.  RULES OF SUPPORT, MAINTENANCE, PARENTING TIME 
175.2 	(a) Payment of support or spousal maintenance is to be as
175.3 	ordered, and the giving of gifts or making purchases of
175.4 	food, clothing, and the like will not fulfill the
175.5 	obligation.
175.6 	(b) Payment of support must be made as it becomes due, and
175.7 	failure to secure or denial of parenting time is NOT an
175.8 	excuse for nonpayment, but the aggrieved party must seek
175.9 	relief through a proper motion filed with the court.
175.10 	(c) Nonpayment of support is not grounds to deny parenting
175.11 	time.  The party entitled to receive support may apply for
175.12 	support and collection services, file a contempt motion, or
175.13 	obtain a judgment as provided in Minnesota Statutes,
175.14 	section 548.091.
175.15 	(d) The payment of support or spousal maintenance takes
175.16 	priority over payment of debts and other obligations.
175.17 	(e) A party who accepts additional obligations of support
175.18 	does so with the full knowledge of the party's prior
175.19 	obligation under this proceeding.
175.20 	(f) Child support or maintenance is based on annual income,
175.21 	and it is the responsibility of a person with seasonal
175.22 	employment to budget income so that payments are made
175.23 	throughout the year as ordered.
175.24 	(g) If the obligor is laid off from employment or receives
175.25 	a pay reduction, support may be reduced, but only if the
175.26 	obligor or public authority serves and files a motion to
175.27 	reduce the support with the court.  Any reduction will take
175.28 	effect only if ordered by the court and may only relate
175.29 	back to the time that the obligor files a motion.  If the
175.30 	obligor or public authority does not file a motion, the
175.31 	support obligation will continue at the current level.  The
175.32 	court is not permitted to reduce support retroactively,
175.33 	except as provided in Minnesota Statutes, section 517C.29.
175.34 	(h) Reasonable parenting time guidelines are contained in
175.35 	Appendix B, which is available from the court administrator.
175.36 	(i) The nonpayment of support may be enforced through the
176.1 	denial of student grants; interception of state and federal
176.2 	tax refunds; suspension of driver's, recreational, and
176.3 	occupational licenses; referral to the department of
176.4 	revenue or private collection agencies; seizure of assets,
176.5 	including bank accounts and other assets held by financial
176.6 	institutions; reporting to credit bureaus; interest
176.7 	charging, income withholding, and contempt proceedings; and
176.8 	other enforcement methods allowed by law.
176.9 	5.  PARENTAL RIGHTS REGARDING INFORMATION AND CONTACT 
176.10 	Unless otherwise provided by the court:
176.11 	(a) Each party has the right of access to, and to receive
176.12 	copies of, school, medical, dental, religious training, and
176.13 	other important records and information about the minor
176.14 	child.  Each party has the right of access to information
176.15 	regarding health or dental insurance available to the minor
176.16 	child.  Presentation of a copy of this order to the
176.17 	custodian of a record or other information about the minor
176.18 	child constitutes sufficient authorization for the release
176.19 	of the record or information to the requesting party.
176.20 	(b) Each party must keep the other informed as to the name
176.21 	and address of the school of attendance of the minor
176.22 	child.  Each party has the right to be informed by school
176.23 	officials about the child's welfare, educational progress
176.24 	and status, and to attend school and parent teacher
176.25 	conferences.  The school is not required to hold a separate
176.26 	conference for each party.
176.27 	(c) In case of an accident or serious illness of a minor
176.28 	child, each party must notify the other party of the
176.29 	accident or illness, and the name of the health care
176.30 	provider and the place of treatment.
176.31 	(d) Each party has the right of reasonable access and
176.32 	telephone contact with the minor child.
176.33 	6.  WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 
176.34 	Child support and/or spousal maintenance may be withheld
176.35 	from income, with or without notice to the person obligated
176.36 	to pay, when the conditions of Minnesota Statutes, sections
177.1 	517C.52 to 517C.62, have been met.  A copy of those
177.2 	sections is available from any district court clerk.
177.3 	7.  CHANGE OF ADDRESS OR RESIDENCE 
177.4 	Unless otherwise ordered, each party must notify the other
177.5 	party, the court, and the public authority responsible for
177.6 	collection, if applicable, of the following information
177.7 	within ten days of any change:  the residential and mailing
177.8 	address, telephone number, driver's license number, Social
177.9 	Security number, and name, address, and telephone number of
177.10 	the employer.
177.11 	8.  COST-OF-LIVING INCREASE OF SUPPORT AND MAINTENANCE 
177.12 	Child support and/or spousal maintenance may be adjusted
177.13 	every two years based upon a change in the cost of living
177.14 	(using Department of Labor Consumer Price Index ..........,
177.15 	unless otherwise specified in this order) when the
177.16 	conditions of Minnesota Statutes, section 517C.31, are met.
177.17 	Cost-of-living increases are compounded.  A copy of
177.18 	Minnesota Statutes, section 517C.31, and forms necessary to
177.19 	request or contest a cost-of-living increase are available
177.20 	from any district court clerk.
177.21 	9.  JUDGMENTS FOR UNPAID SUPPORT 
177.22 	If a person fails to make a child support payment, the
177.23 	payment owed becomes a judgment against the person
177.24 	responsible to make the payment by operation of law on or
177.25 	after the date the payment is due, and the person entitled
177.26 	to receive the payment or the public agency may obtain
177.27 	entry and docketing of the judgment WITHOUT NOTICE to the
177.28 	person responsible to make the payment under Minnesota
177.29 	Statutes, section 548.091.  Interest begins to accrue on a
177.30 	payment or installment of child support whenever the unpaid
177.31 	amount due is greater than the current support due,
177.32 	according to Minnesota Statutes, section 548.091,
177.33 	subdivision 1a.
177.34 	10.  JUDGMENTS FOR UNPAID SPOUSAL MAINTENANCE 
177.35 	A judgment for unpaid spousal maintenance may be entered
177.36 	when the conditions of Minnesota Statutes, section 548.091,
178.1 	are met.  A copy of that section is available from any
178.2 	district court clerk.
178.3 	11.  ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD
178.4 	SUPPORT 
178.5 	A judgment for attorney fees and other collection costs
178.6 	incurred in enforcing a child support order will be entered
178.7 	against the person responsible to pay support when the
178.8 	conditions of Minnesota Statutes, section 517C.84, are
178.9 	met.  A copy of Minnesota Statutes, section 517C.84, and
178.10 	forms necessary to request or contest these attorney fees
178.11 	and collection costs are available from any district court
178.12 	clerk.
178.13 	12.  PARENTING TIME EXPEDITOR PROCESS 
178.14 	On request of either party or on its own motion, the court
178.15 	may appoint a parenting time expeditor to resolve parenting
178.16 	time disputes under Minnesota Statutes, section 517B.26.  A
178.17 	copy of that section and a description of the expeditor
178.18 	process is available from any district court clerk.
178.19 	13.  PARENTING TIME REMEDIES AND PENALTIES 
178.20 	Remedies and penalties for the wrongful denial of parenting
178.21 	time are available under Minnesota Statutes, section
178.22 	517B.25, subdivision 7.  These include compensatory
178.23 	parenting time, civil penalties, bond requirements,
178.24 	contempt, and reversal of custody.  A copy of that
178.25 	subdivision and forms for requesting relief are available
178.26 	from any district court clerk.

178.27 	Sec. 75. APPROPRIATIONS.
 178.28 	$770,000 is appropriated in fiscal year 2007 from the
178.29 	general fund to the commissioner of human services to fund
178.30 	implementation of the Minnesota Child Support Act and to
178.31 	reimburse counties for their implementation costs.  The
178.32 	commissioner of human services shall devise an equitable system
178.33 	to reimburse counties for their costs of implementing the
178.34 	Minnesota Child Support Act.  This is a onetime appropriation.
178.35 	Any unencumbered balance remaining in the first year does not
178.36 	cancel and is available the second year of the biennium.
179.1 	$355,000 is appropriated in fiscal year 2007 from the
179.2 	general fund to the supreme court administrator to fund
179.3 	implementation of the Minnesota Child Support Act.  This is a
179.4 	onetime appropriation.

179.5 	EFFECTIVE DATE. This section is effective July 1, 2006.

179.6 	Sec. 76. REVISOR'S INSTRUCTION.
 179.7 	(a) The revisor of statutes must correct internal cross
179.8 	references to sections that are now in Minnesota Statutes,
179.9 	chapter 517C, throughout Minnesota Statutes and Minnesota Rules.
179.10 	(b) If a provision of a section of Minnesota Statutes
179.11 	amended by this act is amended by the 2005 regular legislative
179.12 	session or 2005 special legislative session, if any, the revisor
179.13 	shall codify the amendment consistent with the recodification of
179.14 	the affected section by this act, notwithstanding any law to the
179.15 	contrary.  In sections affected by this instruction, the revisor
179.16 	may make changes necessary to correct the punctuation, grammar,
179.17 	or structure of the remaining text and preserve its meaning.

179.18 	Sec. 77. REPEALER.
 179.19 	Minnesota Statutes 2004, sections 518.111; 518.171;
179.20 	518.255; 518.54, subdivisions 2, 4a, 13, and 14; 518.551,
179.21 	subdivisions 1, 5, 5a, 5b, 5c, 5d, 5e, 5f, 6, 7, 9, 11, 12, 13,
179.22 	13a, 14, and 15; 518.5513; 518.553; 518.57; 518.575; 518.585;
179.23 	518.5851; 518.5852; 518.5853; 518.61; 518.6111; 518.614;
179.24 	518.615; 518.616; 518.617; 518.618; 518.6195; 518.6196; and
179.25 	518.68, are repealed.

179.26 	Sec. 78. EFFECTIVE DATE.
 179.27 	Unless otherwise specified, this act is effective July 1,
179.28 	2006, and applies to all actions commenced and motions served on
179.29 	or after July 1, 2006.

179.30 	ARTICLE 4
179.31 	MISCELLANEOUS

179.32 	Section 1. Minnesota Statutes 2004, section 518.1705,
179.33 	subdivision 7, is amended to read:
179.34 		Subd. 7.Moving the child to another state.  Parents may
179.35 	agree~~, but the court must not require, that in a parenting plan~~
179.36 	~~the factors in section 518.17 or 257.025, as applicable,~~upon
180.1 	the legal standard that will govern a decision concerning
180.2 	removal of a child's residence from this state, provided that:
180.3 	(1) both parents were represented by counsel when the
180.4 	parenting plan was approved; or
180.5 	(2) the court found the parents were fully informed, the
180.6 	agreement was voluntary, and the parents were aware of its
180.7 	implications.

180.8 	Sec. 2. Minnesota Statutes 2004, section 518.175,
180.9 	subdivision 3, is amended to read:
180.10 		Subd. 3.Move to another state.  The parent with whom the
180.11 	child resides shall not move the residence of the child to
180.12 	another state except upon order of the court or with the consent
180.13 	of the other parent, if the other parent has been given
180.14 	parenting time by the decree.  If the purpose of the move is to
180.15 	interfere with parenting time given to the other parent by the
180.16 	decree, the court shall not permit the child's residence to be
180.17 	moved to another state.
180.18 	The court shall apply a best interests standard when
180.19 	considering the request of the parent with whom the child
180.20 	resides to move the child's residence to another state.  The
180.21 	factors the court must consider in determining the child's best
180.22 	interests include, but are not limited to, the following:
180.23 	(1) the nature, quality, extent of involvement, and
180.24 	duration of the child's relationship with the person proposing
180.25 	to relocate and with the nonrelocating person, siblings, and
180.26 	other significant persons in the child's life;
180.27 	(2) the age, developmental stage, needs of the child, and
180.28 	the likely impact the relocation will have on the child's
180.29 	physical, educational, and emotional development, taking into
180.30 	consideration any special needs of the child;
180.31 	(3) the feasibility of preserving the relationship between
180.32 	the nonrelocating person and the child through suitable
180.33 	parenting time arrangements, considering the logistics and
180.34 	financial circumstances of the parties;
180.35 	(4) the child's preference, taking into consideration the
180.36 	age and maturity of the child;
181.1 	(5) whether there is an established pattern of conduct of
181.2 	the person seeking the relocation either to promote or thwart
181.3 	the relationship of the child and the nonrelocating person;
181.4 	(6) whether the relocation of the child will enhance the
181.5 	general quality of the life for both the custodial parent
181.6 	seeking the relocation and the child including, but not limited
181.7 	to, financial or emotional benefit or educational opportunity;
181.8 	(7) the reasons of each person for seeking or opposing the
181.9 	relocation;
181.10 	(8) the effect on the safety and welfare of the child, or
181.11 	the parent requesting to move the child's residence, of domestic
181.12 	abuse, as defined in section 518B.01; and 
181.13 	(9) any other factor affecting the best interests of the
181.14 	child.
181.15 	The burden of proof is upon the parent requesting to move
181.16 	the residence of the child to another state, except that if the
181.17 	court finds the existence of domestic abuse between the parents,
181.18 	the burden of proof is upon the parent opposing the move.

181.19 	Sec. 3. Minnesota Statutes 2004, section 518.18, is
181.20 	amended to read:
181.21 	518.18 MODIFICATION OF ORDER.
181.22 	(a) Unless agreed to in writing by the parties, no motion
181.23 	to modify a custody order or parenting plan may be made earlier
181.24 	than one year after the date of the entry of a decree of
181.25 	dissolution or legal separation containing a provision dealing
181.26 	with custody, except in accordance with paragraph (c).
181.27 	(b) If a motion for modification has been heard, whether or
181.28 	not it was granted, unless agreed to in writing by the parties
181.29 	no subsequent motion may be filed within two years after
181.30 	disposition of the prior motion on its merits, except in
181.31 	accordance with paragraph (c).
181.32 	(c) The time limitations prescribed in paragraphs (a) and
181.33 	(b) shall not prohibit a motion to modify a custody order or
181.34 	parenting plan if the court finds that there is persistent and
181.35 	willful denial or interference with parenting time, or has
181.36 	reason to believe that the child's present environment may
182.1 	endanger the child's physical or emotional health or impair the
182.2 	child's emotional development.
182.3 	(d) If the court has jurisdiction to determine child
182.4 	custody matters, the court shall not modify a prior custody
182.5 	order or a parenting plan provision which specifies the child's
182.6 	primary residence unless it finds, upon the basis of facts,
182.7 	including unwarranted denial of, or interference with, a duly
182.8 	established parenting time schedule, that have arisen since the
182.9 	prior order or that were unknown to the court at the time of the
182.10 	prior order, that a change has occurred in the circumstances of
182.11 	the child or the parties and that the modification is necessary
182.12 	to serve the best interests of the child.  In applying these
182.13 	standards the court shall retain the custody arrangement or the
182.14 	parenting plan provision specifying the child's primary
182.15 	residence that was established by the prior order unless:
182.16 	(i) the court finds that a change in the custody
182.17 	arrangement or primary residence is in the best interests of the
182.18 	child and the parties previously agreed, in a writing approved
182.19 	by a court, to apply the best interests standard in section
182.20 	518.17 or 257.025, as applicable; and, with respect to
182.21 	agreements approved by a court on or after April 28, 2000, both
182.22 	parties were represented by counsel when the agreement was
182.23 	approved or the court found the parties were fully informed, the
182.24 	agreement was voluntary, and the parties were aware of its
182.25 	implications;
182.26 	(ii) both parties agree to the modification;
182.27 	(iii) the child has been integrated into the family of the
182.28 	petitioner with the consent of the other party; ~~or~~ 
182.29 	(iv) the child's present environment endangers the child's
182.30 	physical or emotional health or impairs the child's emotional
182.31 	development and the harm likely to be caused by a change of
182.32 	environment is outweighed by the advantage of a change to the
182.33 	child; or 
182.34 	(v) the court has denied a request of the primary custodial
182.35 	parent to move the residence of the child to another state, and
182.36 	the primary custodial parent has relocated to another state
183.1 	despite the court's order.
183.2 	In addition, a court may modify a custody order or
183.3 	parenting plan under section 631.52.
183.4 	(e) In deciding whether to modify a prior joint custody
183.5 	order, the court shall apply the standards set forth in
183.6 	paragraph (d) unless:  (1) the parties agree in writing to the
183.7 	application of a different standard, or (2) the party seeking
183.8 	the modification is asking the court for permission to move the
183.9 	residence of the child to another state.
183.10 	(f) If a parent has been granted sole physical custody of a
183.11 	minor and the child subsequently lives with the other parent,
183.12 	and temporary sole physical custody has been approved by the
183.13 	court or by a court-appointed referee, the court may suspend the
183.14 	obligor's child support obligation pending the final custody
183.15 	determination.  The court's order denying the suspension of
183.16 	child support must include a written explanation of the reasons
183.17 	why continuation of the child support obligation would be in the
183.18 	best interests of the child.

183.19 	Sec. 4. Minnesota Statutes 2004, section 518.58,
183.20 	subdivision 4, is amended to read:
183.21 		Subd. 4.Pension plans.  (a) The division of marital
183.22 	property that represents pension plan benefits or rights in the
183.23 	form of future pension plan payments:
183.24 	(1) is payable only to the extent of the amount of the
183.25 	pension plan benefit payable under the terms of the plan;
183.26 	(2) is not payable for a period that exceeds the time that
183.27 	pension plan benefits are payable to the pension plan benefit
183.28 	recipient;
183.29 	(3) is not payable in a lump sum amount from defined
183.30 	benefit pension plan assets attributable in any fashion to a
183.31 	spouse with the status of an active member, deferred retiree, or
183.32 	benefit recipient of a pension plan;
183.33 	(4) if the former spouse to whom the payments are to be
183.34 	made dies prior to the end of the specified payment period with
183.35 	the right to any remaining payments accruing to an estate or to
183.36 	more than one survivor, is payable only to a trustee on behalf
184.1 	of the estate or the group of survivors for subsequent
184.2 	apportionment by the trustee; and
184.3 	(5) in the case of defined benefit public pension plan
184.4 	benefits or rights, may not commence until the public plan
184.5 	member submits a valid application for a public pension plan
184.6 	benefit and the benefit becomes payable.
184.7 	(b) The individual retirement account plans established
184.8 	under chapter 354B may provide in its plan document, if
184.9 	published and made generally available, for an alternative
184.10 	marital property division or distribution of individual
184.11 	retirement account plan assets.  If an alternative division or
184.12 	distribution procedure is provided, it applies in place of
184.13 	paragraph (a), clause (5).

184.14 	Sec. 5. Minnesota Statutes 2004, section 518.64, is
184.15 	amended by adding a subdivision to read:
184.16 		Subd. 7.Military service. (a) An increase or decrease
184.17 	in an obligor's income because of active military service is
184.18 	grounds for a motion for a modification of support even if the
184.19 	increase or decrease in the obligor's income would not otherwise
184.20 	qualify for modification under this section.
184.21 	(b) If an obligor who makes a motion to modify support is
184.22 	unable to appear at a proceeding because of being called into
184.23 	active duty, the court must, upon request of the obligor, stay
184.24 	further proceedings until the obligor returns from active duty
184.25 	or is able to appear by alternate means.  If the obligor chooses
184.26 	to proceed without appearing, the court may determine the
184.27 	current support obligation based upon documentary evidence of
184.28 	the obligor's income without requiring the obligor's
184.29 	appearance.  The state court administrator shall prepare a form
184.30 	to allow an obligor to request a modification without appearance.
184.31 	(c) If there has been a modification under this
184.32 	subdivision, the obligor's return from active military service
184.33 	is grounds for a motion for modification of support even if the
184.34 	increase or decrease in the obligor's income would not otherwise
184.35 	qualify for a modification under this section.
184.36 	(d) An obligor whose support obligation has been modified
185.1 	under this subdivision shall notify the obligee and the public
185.2 	authority, if the public authority is providing support
185.3 	enforcement services, within 30 days of the obligor's return
185.4 	from active military service.
185.5 	(e) For purposes of this subdivision, "active military
185.6 	service" has the meaning given to the term "active service" in
185.7 	section 190.05, subdivision 5, when the obligor has been ordered
185.8 	to active military service for 30 or more days.

185.9 	Sec. 6. EFFECTIVE DATE.
 185.10 	Section 5 is effective the day following final enactment.