Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2005, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 164-S.F.No. 630
An act relating to civil law; increasing fees related
to marriage and child support; reforming law relating
to child support; establishing criteria for support
obligations; defining parents' rights and
responsibilities; appropriating money; amending
Minnesota Statutes 2004, sections 357.021,
subdivisions 1a, 2; 518.005, by adding a subdivision;
518.54; 518.55, subdivision 4; 518.551, subdivisions
5, 5b; 518.64, subdivision 2, by adding subdivisions;
518.68, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 518; repealing Minnesota
Statutes 2004, sections 518.171; 518.54, subdivisions
2, 4, 4a; 518.551, subdivisions 1, 5a, 5c, 5f.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2004, section 357.021,
subdivision 1a, is amended to read:
Subd. 1a. [TRANSMITTAL OF FEES TO COMMISSIONER OF
FINANCE.] (a) Every person, including the state of Minnesota and
all bodies politic and corporate, who shall transact any
business in the district court, shall pay to the court
administrator of said court the sundry fees prescribed in
subdivision 2. Except as provided in paragraph (d), the court
administrator shall transmit the fees monthly to the
commissioner of finance for deposit in the state treasury and
credit to the general fund.
(b) In a county which has a screener-collector position,
fees paid by a county pursuant to this subdivision shall be
transmitted monthly to the county treasurer, who shall apply the
fees first to reimburse the county for the amount of the salary
paid for the screener-collector position. The balance of the
fees collected shall then be forwarded to the commissioner of
finance for deposit in the state treasury and credited to the
general fund. In a county in a judicial district under section
480.181, subdivision 1, paragraph (b), which has a
screener-collector position, the fees paid by a county shall be
transmitted monthly to the commissioner of finance for deposit
in the state treasury and credited to the general fund. A
screener-collector position for purposes of this paragraph is an
employee whose function is to increase the collection of fines
and to review the incomes of potential clients of the public
defender, in order to verify eligibility for that service.
(c) No fee is required under this section from the public
authority or the party the public authority represents in an
action for:
(1) child support enforcement or modification, medical
assistance enforcement, or establishment of parentage in the
district court, or in a proceeding under section 484.702;
(2) civil commitment under chapter 253B;
(3) the appointment of a public conservator or public
guardian or any other action under chapters 252A and 525;
(4) wrongfully obtaining public assistance under section
256.98 or 256D.07, or recovery of overpayments of public
assistance;
(5) court relief under chapter 260;
(6) forfeiture of property under sections 169A.63 and
609.531 to 609.5317;
(7) recovery of amounts issued by political subdivisions or
public institutions under sections 246.52, 252.27, 256.045,
256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, 260B.331,
and 260C.331, or other sections referring to other forms of
public assistance;
(8) restitution under section 611A.04; or
(9) actions seeking monetary relief in favor of the state
pursuant to section 16D.14, subdivision 5.
(d) The fees $20 from each fee collected for child support
modifications under subdivision 2, clause (13), must be
transmitted to the county treasurer for deposit in the county
general fund and $35 from each fee shall be credited to the
state general fund. The fees must be used by the county to pay
for child support enforcement efforts by county attorneys.
Sec. 2. Minnesota Statutes 2004, section 357.021,
subdivision 2, is amended to read:
Subd. 2. [FEE AMOUNTS.] The fees to be charged and
collected by the court administrator shall be as follows:
(1) In every civil action or proceeding in said court,
including any case arising under the tax laws of the state that
could be transferred or appealed to the Tax Court, the
plaintiff, petitioner, or other moving party shall pay, when the
first paper is filed for that party in said action, a fee of
$235.
The defendant or other adverse or intervening party, or any
one or more of several defendants or other adverse or
intervening parties appearing separately from the others, shall
pay, when the first paper is filed for that party in said
action, a fee of $235.
The party requesting a trial by jury shall pay $75.
The fees above stated shall be the full trial fee
chargeable to said parties irrespective of whether trial be to
the court alone, to the court and jury, or disposed of without
trial, and shall include the entry of judgment in the action,
but does not include copies or certified copies of any papers so
filed or proceedings under chapter 103E, except the provisions
therein as to appeals.
(2) Certified copy of any instrument from a civil or
criminal proceeding, $10, and $5 for an uncertified copy.
(3) Issuing a subpoena, $12 for each name.
(4) Filing a motion or response to a motion in civil,
family, excluding child support, and guardianship cases, $55.
(5) Issuing an execution and filing the return thereof;
issuing a writ of attachment, injunction, habeas corpus,
mandamus, quo warranto, certiorari, or other writs not
specifically mentioned, $40.
(6) Issuing a transcript of judgment, or for filing and
docketing a transcript of judgment from another court, $30.
(7) Filing and entering a satisfaction of judgment, partial
satisfaction, or assignment of judgment, $5.
(8) Certificate as to existence or nonexistence of
judgments docketed, $5 for each name certified to.
(9) Filing and indexing trade name; or recording basic
science certificate; or recording certificate of physicians,
osteopaths, chiropractors, veterinarians, or optometrists, $5.
(10) For the filing of each partial, final, or annual
account in all trusteeships, $40.
(11) For the deposit of a will, $20.
(12) For recording notary commission, $100, of which,
notwithstanding subdivision 1a, paragraph (b), $80 must be
forwarded to the commissioner of finance to be deposited in the
state treasury and credited to the general fund.
(13) Filing a motion or response to a motion for
modification of child support, a fee fixed by rule or order of
the Supreme Court of $55.
(14) All other services required by law for which no fee is
provided, such fee as compares favorably with those herein
provided, or such as may be fixed by rule or order of the court.
(15) In addition to any other filing fees under this
chapter, a surcharge in the amount of $75 must be assessed in
accordance with section 259.52, subdivision 14, for each
adoption petition filed in district court to fund the fathers'
adoption registry under section 259.52.
The fees in clauses (3) and (5) need not be paid by a
public authority or the party the public authority represents.
Sec. 3. Minnesota Statutes 2004, section 518.005, is
amended by adding a subdivision to read:
Subd. 6. [FILING FEE.] The initial pleading filed in all
proceedings for dissolution of marriage, legal separation, or
annulment or proceedings to establish child support obligations
shall be accompanied by a filing fee of $50. The fee is in
addition to any other prescribed by law or rule.
Sec. 4. [518.1781] [SIX-MONTH REVIEW.]
(a) A request for a six-month review hearing form must be
attached to a decree of dissolution or legal separation or an
order that initially establishes child custody, parenting time,
or support rights and obligations of parents. The state court
administrator is requested to prepare the request for review
hearing form. The form must include information regarding the
procedures for requesting a hearing, the purpose of the hearing,
and any other information regarding a hearing under this section
that the state court administrator deems necessary.
(b) The six-month review hearing shall be held if any party
submits a written request for a hearing within six months after
entry of a decree of dissolution or legal separation or order
that establishes child custody, parenting time, or support.
(c) Upon receipt of a completed request for hearing form,
the court administrator shall provide notice of the hearing to
all other parties and the public authority. The court
administrator shall schedule the six-month review hearing as
soon as practicable following the receipt of the hearing request
form.
(d) At the six-month hearing, the court must review:
(1) whether child support is current; and
(2) whether both parties are complying with the parenting
time provisions of the order.
(e) At the six-month hearing, the obligor has the burden to
present evidence to establish that child support payments are
current. A party may request that the public authority provide
information to the parties and court regarding child support
payments. A party must request the information from the public
authority at least 14 days before the hearing. The commissioner
of human services must develop a form to be used by the public
authority to submit child support payment information to the
parties and court.
(f) Contempt of court and all statutory remedies for child
support and parenting time enforcement may be imposed by the
court at the six-month hearing for noncompliance by either party
pursuant to chapters 517C and 588 and the Minnesota Court Rules.
(g) A request for a six-month review hearing form must be
attached to a decree or order that initially establishes child
support rights and obligations according to section 517A.29.
Sec. 5. Minnesota Statutes 2004, section 518.54, is
amended to read:
518.54 [DEFINITIONS.]
Subdivision 1. [TERMS.] For the purposes of sections
518.54 to 518.66 518.773, the terms defined in this section
shall have the meanings respectively ascribed to them.
Subd. 2. [CHILD.] "Child" means an individual under 18
years of age, an individual under age 20 who is still attending
secondary school, or an individual who, by reason of physical or
mental condition, is incapable of self-support.
Subd. 2a. [DEPOSIT ACCOUNT.] "Deposit account" means funds
deposited with a financial institution in the form of a savings
account, checking account, NOW account, or demand deposit
account.
Subd. 2b. [FINANCIAL INSTITUTION.] "Financial institution"
means a savings association, bank, trust company, credit union,
industrial loan and thrift company, bank and trust company, or
savings association, and includes a branch or detached facility
of a financial institution.
Subd. 3. [MAINTENANCE.] "Maintenance" means an award made
in a dissolution or legal separation proceeding of payments from
the future income or earnings of one spouse for the support and
maintenance of the other.
Subd. 4. [SUPPORT MONEY; CHILD SUPPORT.] "Support money"
or "child support" means an amount for basic support, child care
support, and medical support pursuant to:
(1) an award in a dissolution, legal separation, annulment,
or parentage proceeding for the care, support and education of
any child of the marriage or of the parties to the proceeding;
or
(2) a contribution by parents ordered under section 256.87;
or
(3) support ordered under chapter 518B or 518C.
Subd. 4a. [SUPPORT ORDER.] "Support order" means a
judgment, decree, or order, whether temporary, final, or subject
to modification, issued by a court or administrative agency of
competent jurisdiction, for the support and maintenance of a
child, including a child who has attained the age of majority
under the law of the issuing state, or a child and the parent
with whom the child is living, that provides for monetary
support, child care, medical support including expenses for
confinement and pregnancy, arrearages, or reimbursement, and
that may include related costs and fees, interest and penalties,
income withholding, and other relief. This definition applies
to orders issued under this chapter and chapters 256, 257, and
518C.
Subd. 5. [MARITAL PROPERTY; EXCEPTIONS.] "Marital
property" means property, real or personal, including vested
public or private pension plan benefits or rights, acquired by
the parties, or either of them, to a dissolution, legal
separation, or annulment proceeding at any time during the
existence of the marriage relation between them, or at any time
during which the parties were living together as husband and
wife under a purported marriage relationship which is annulled
in an annulment proceeding, but prior to the date of valuation
under section 518.58, subdivision 1. All property acquired by
either spouse subsequent to the marriage and before the
valuation date is presumed to be marital property regardless of
whether title is held individually or by the spouses in a form
of co-ownership such as joint tenancy, tenancy in common,
tenancy by the entirety, or community property. Each spouse
shall be deemed to have a common ownership in marital property
that vests not later than the time of the entry of the decree in
a proceeding for dissolution or annulment. The extent of the
vested interest shall be determined and made final by the court
pursuant to section 518.58. If a title interest in real
property is held individually by only one spouse, the interest
in the real property of the nontitled spouse is not subject to
claims of creditors or judgment or tax liens until the time of
entry of the decree awarding an interest to the nontitled
spouse. The presumption of marital property is overcome by a
showing that the property is nonmarital property.
"Nonmarital property" means property real or personal,
acquired by either spouse before, during, or after the existence
of their marriage, which
(a) is acquired as a gift, bequest, devise or inheritance
made by a third party to one but not to the other spouse;
(b) is acquired before the marriage;
(c) is acquired in exchange for or is the increase in value
of property which is described in clauses (a), (b), (d), and
(e);
(d) is acquired by a spouse after the valuation date; or
(e) is excluded by a valid antenuptial contract.
Subd. 6. [INCOME.] "Income" means any form of periodic
payment to an individual including, but not limited to, wages,
salaries, payments to an independent contractor, workers'
compensation, unemployment benefits, annuity, military and naval
retirement, pension and disability payments. Benefits received
under Title IV-A of the Social Security Act and chapter 256J are
not income under this section.
Subd. 7. [OBLIGEE.] "Obligee" means a person to whom
payments for maintenance or support are owed.
Subd. 8. [OBLIGOR.] "Obligor" means a person obligated to
pay maintenance or support. A person who is designated as the
sole physical custodian of a child is presumed not to be an
obligor for purposes of calculating current support under
section 518.551 unless the court makes specific written findings
to overcome this presumption. For purposes of ordering medical
support under section 518.719, a custodial parent may be an
obligor subject to a cost-of-living adjustment under section
518.641 and a payment agreement under section 518.553.
Subd. 9. [PUBLIC AUTHORITY.] "Public authority" means
the public authority responsible for child support enforcement
local unit of government, acting on behalf of the state, that is
responsible for child support enforcement or the Department of
Human Services, Child Support Enforcement Division.
Subd. 10. [PENSION PLAN BENEFITS OR RIGHTS.] "Pension plan
benefits or rights" means a benefit or right from a public or
private pension plan accrued to the end of the month in which
marital assets are valued, as determined under the terms of the
laws or other plan document provisions governing the plan,
including section 356.30.
Subd. 11. [PUBLIC PENSION PLAN.] "Public pension plan"
means a pension plan or fund specified in section 356.20,
subdivision 2, or 356.30, subdivision 3, the deferred
compensation plan specified in section 352.96, or any retirement
or pension plan or fund, including a supplemental retirement
plan or fund, established, maintained, or supported by a
governmental subdivision or public body whose revenues are
derived from taxation, fees, assessments, or from other public
sources.
Subd. 12. [PRIVATE PENSION PLAN.] "Private pension plan"
means a plan, fund, or program maintained by an employer or
employee organization that provides retirement income to
employees or results in a deferral of income by employees for a
period extending to the termination of covered employment or
beyond.
Subd. 13. [ARREARS.] Arrears are amounts that accrue
pursuant to an obligor's failure to comply with a support
order. Past support and pregnancy and confinement expenses
contained in a support order are arrears if the court order does
not contain repayment terms. Arrears also arise by the
obligor's failure to comply with the terms of a court order for
repayment of past support or pregnancy and confinement
expenses. An obligor's failure to comply with the terms for
repayment of amounts owed for past support or pregnancy and
confinement turns the entire amount owed into arrears.
Subd. 14. [IV-D CASE.] "IV-D case" means a case where a
party has assigned to the state rights to child support because
of the receipt of public assistance as defined in section
256.741 or has applied for child support services under title
IV-D of the Social Security Act, United States Code, title 42,
section 654(4).
Subd. 15. [PARENTAL INCOME FOR CHILD SUPPORT
(PICS).] "Parental income for child support," or "PICS," means
gross income under subdivision 18 minus deductions for nonjoint
children as allowed by section 518.717.
Subd. 16. [APPORTIONED VETERANS' BENEFITS.] "Apportioned
veterans' benefits" means the amount the Veterans Administration
deducts from the veteran's award and disburses to the child or
the child's representative payee. The apportionment of
veterans' benefits shall be that determined by the Veterans
Administration and governed by Code of Federal Regulations,
title 38, sections 3.450 to 3.458.
Subd. 17. [BASIC SUPPORT.] "Basic support" means the
support obligation determined by applying the parent's parental
income for child support, or if there are two parents, their
combined parental income for child support, to the guideline in
the manner set out in section 518.725. Basic support includes
the dollar amount ordered for a child's housing, food, clothing,
transportation, and education costs, and other expenses relating
to the child's care. Basic support does not include monetary
contributions for a child's child care expenses and medical and
dental expenses.
Subd. 18. [GROSS INCOME.] "Gross income" means:
(1) the gross income of the parent calculated under section
518.7123; plus
(2) Social Security or veterans' benefit payments received
on behalf of the child under section 518.718; plus
(3) the potential income of the parent, if any, as
determined in subdivision 23; minus
(4) spousal maintenance that any party has been ordered to
pay; minus
(5) the amount of any existing child support order for
other nonjoint children.
Subd. 19. [JOINT CHILD.] "Joint child" means the dependent
child who is the son or daughter of both parents in the support
proceeding. In those cases where support is sought from only
one parent of a child, a joint child is the child for whom
support is sought.
Subd. 20. [NONJOINT CHILD.] "Nonjoint child" means the
legal child of one, but not both of the parents subject to this
determination. Specifically excluded from this definition are
stepchildren.
Subd. 21. [PARENTING TIME.] "Parenting time" means the
amount of time a child is scheduled to spend with the parent
according to a court order. Parenting time includes time with
the child whether it is designated as visitation, physical
custody, or parenting time. For purposes of section 518.722,
the percentage of parenting time may be calculated by
calculating the number of overnights that a child spends with a
parent, or by using a method other than overnights if the parent
has significant time periods where the child is in the parent's
physical custody, but does not stay overnight.
Subd. 22. [PAYOR OF FUNDS.] "Payor of funds" means a
person or entity that provides funds to an obligor, including an
employer as defined under chapter 24, section 3401(d), of the
Internal Revenue Code, an independent contractor, payor of
workers' compensation benefits or unemployment insurance
benefits, or a financial institution as defined in section
13B.06.
Subd. 23. [POTENTIAL INCOME.] "Potential income" is income
determined under this subdivision.
(a) If a parent is voluntarily unemployed, underemployed,
or employed on a less than full-time basis, or there is no
direct evidence of any income, child support shall be calculated
based on a determination of potential income. For purposes of
this determination, it is rebuttably presumed that a parent can
be gainfully employed on a full-time basis.
(b) Determination of potential income shall be made
according to one of three methods, as appropriate:
(1) the parent's probable earnings level based on
employment potential, recent work history, and occupational
qualifications in light of prevailing job opportunities and
earnings levels in the community;
(2) if a parent is receiving unemployment compensation or
workers' compensation, that parent's income may be calculated
using the actual amount of the unemployment compensation or
workers' compensation benefit received; or
(3) the amount of income a parent could earn working full
time at 150 percent of the current federal or state minimum
wage, whichever is higher.
(c) A parent is not considered voluntarily unemployed or
underemployed upon a showing by the parent that:
(1) unemployment or underemployment is temporary and will
ultimately lead to an increase in income;
(2) the unemployment or underemployment represents a bona
fide career change that outweighs the adverse effect of that
parent's diminished income on the child; or
(3) the parent is unable to work full time due to a
verified disability or due to incarceration.
(d) As used in this section, "full time" means 40 hours of
work in a week except in those industries, trades, or
professions in which most employers due to custom, practice, or
agreement utilize a normal work week of more or less than 40
hours in a week.
(e) If the parent of a joint child is a recipient of a
temporary assistance to a needy family (TANF) cash grant, no
potential income shall be imputed to that parent.
(f) If a parent stays at home to care for a child who is
subject to the child support order, the court may consider the
following factors when determining whether the parent is
voluntarily unemployed or underemployed:
(1) the parties' parenting and child care arrangements
before the child support action;
(2) the stay-at-home parent's employment history, recency
of employment, earnings, and the availability of jobs within the
community for an individual with the parent's qualifications;
(3) the relationship between the employment-related
expenses, including, but not limited to, child care and
transportation costs required for the parent to be employed, and
the income the stay-at-home parent could receive from available
jobs within the community for an individual with the parent's
qualifications;
(4) the child's age and health, including whether the child
is physically or mentally disabled; and
(5) the availability of child care providers.
(g) Paragraph (f) does not apply if the parent stays at
home to care for other nonjoint children, only.
(h) A self-employed parent shall not be considered to be
voluntarily unemployed or underemployed if that parent can show
that the parent's net self-employment income is lower because of
economic conditions.
Subd. 24. [PRIMARY PHYSICAL CUSTODY.] The parent having
"primary physical custody" means the parent who provides the
primary residence for a child and is responsible for the
majority of the day-to-day decisions concerning a child.
Subd. 25. [SOCIAL SECURITY BENEFITS.] "Social Security
benefits" means the monthly amount the Social Security
Administration pays to a joint child or the child's
representative payee due solely to the disability or retirement
of either parent. Benefits paid to a parent due to the
disability of a child are excluded from this definition.
Subd. 26. [SPLIT CUSTODY.] "Split custody" means that each
parent in a two-parent calculation has primary physical custody
of at least one of the joint children.
Subd. 27. [SURVIVORS' AND DEPENDENTS' EDUCATIONAL
ASSISTANCE.] "Survivors' and dependents' educational assistance"
are funds disbursed by the Veterans Administration under United
States Code, title 38, chapter 35, to the child or the child's
representative payee.
Sec. 6. Minnesota Statutes 2004, section 518.55,
subdivision 4, is amended to read:
Subd. 4. [DETERMINATION OF CONTROLLING ORDER.] The public
authority or a party may request the district court to determine
a controlling order in situations in which more than one order
involving the same obligor and child exists. The court shall
presume that the latest order that involves the same obligor and
joint child is controlling, subject to contrary proof.
Sec. 7. Minnesota Statutes 2004, section 518.551,
subdivision 5, is amended to read:
Subd. 5. [NOTICE TO PUBLIC AUTHORITY; GUIDELINES.] (a) The
petitioner shall notify the public authority of all proceedings
for dissolution, legal separation, determination of parentage or
for the custody of a child, if either party is receiving public
assistance or applies for it subsequent to the commencement of
the proceeding. The notice must contain the full names of the
parties to the proceeding, their Social Security account
numbers, and their birth dates. After receipt of the notice,
the court shall set child support as provided in this
subdivision section 518.725. The court may order either or both
parents owing a duty of support to a child of the marriage to
pay an amount reasonable or necessary for the child's support,
without regard to marital misconduct. The court shall approve a
child support stipulation of the parties if each party is
represented by independent counsel, unless the stipulation does
not meet the conditions of paragraph (i) section 518.725. In
other cases the court shall determine and order child support in
a specific dollar amount in accordance with the guidelines and
the other factors set forth in paragraph (c) section 518.714 and
any departure therefrom. The court may also order the obligor
to pay child support in the form of a percentage share of the
obligor's net bonuses, commissions, or other forms of
compensation, in addition to, or if the obligor receives no base
pay, in lieu of, an order for a specific dollar amount.
(b) The court shall derive a specific dollar amount for
child support by multiplying the obligor's net income by the
percentage indicated by the following guidelines:
Net Income Per Number of Children
Month of Obligor
1 2 3 4 5 6 7 or
more
$550 and Below Order based on the ability of the
obligor to provide support
at these income levels, or at higher
levels, if the obligor has
the earning ability.
$551 - 600 16% 19% 22% 25% 28% 30% 32%
$601 - 650 17% 21% 24% 27% 29% 32% 34%
$651 - 700 18% 22% 25% 28% 31% 34% 36%
$701 - 750 19% 23% 27% 30% 33% 36% 38%
$751 - 800 20% 24% 28% 31% 35% 38% 40%
$801 - 850 21% 25% 29% 33% 36% 40% 42%
$851 - 900 22% 27% 31% 34% 38% 41% 44%
$901 - 950 23% 28% 32% 36% 40% 43% 46%
$951 - 1000 24% 29% 34% 38% 41% 45% 48%
$1001- 5000 25% 30% 35% 39% 43% 47% 50%
or the amount
in effect under
paragraph (k)
Guidelines for support for an obligor with a monthly income
in excess of the income limit currently in effect under
paragraph (k) shall be the same dollar amounts as provided for
in the guidelines for an obligor with a monthly income equal to
the limit in effect.
Net Income defined as:
Total monthly
income less *(i) Federal Income Tax
*(ii) State Income Tax
(iii) Social Security
Deductions
(iv) Reasonable
Pension Deductions
*Standard
Deductions apply- (v) Union Dues
use of tax tables (vi) Cost of Dependent Health
recommended Insurance Coverage
(vii) Cost of Individual or Group
Health/Hospitalization
Coverage or an
Amount for Actual
Medical Expenses
(viii) A Child Support or
Maintenance Order that is
Currently Being Paid.
"Net income" does not include:
(1) the income of the obligor's spouse, but does include
in-kind payments received by the obligor in the course of
employment, self-employment, or operation of a business if the
payments reduce the obligor's living expenses; or
(2) compensation received by a party for employment in
excess of a 40-hour work week, provided that:
(i) support is nonetheless ordered in an amount at least
equal to the guidelines amount based on income not excluded
under this clause; and
(ii) the party demonstrates, and the court finds, that:
(A) the excess employment began after the filing of the
petition for dissolution;
(B) the excess employment reflects an increase in the work
schedule or hours worked over that of the two years immediately
preceding the filing of the petition;
(C) the excess employment is voluntary and not a condition
of employment;
(D) the excess employment is in the nature of additional,
part-time or overtime employment compensable by the hour or
fraction of an hour; and
(E) the party's compensation structure has not been changed
for the purpose of affecting a support or maintenance obligation.
The court shall review the work-related and
education-related child care costs paid and shall allocate the
costs to each parent in proportion to each parent's net income,
as determined under this subdivision, after the transfer of
child support and spousal maintenance, unless the allocation
would be substantially unfair to either parent. There is a
presumption of substantial unfairness if after the sum total of
child support, spousal maintenance, and child care costs is
subtracted from the obligor's income, the income is at or below
100 percent of the federal poverty guidelines. The cost of
child care for purposes of this paragraph is 75 percent of the
actual cost paid for child care, to reflect the approximate
value of state and federal tax credits available to the
obligee. The actual cost paid for child care is the total
amount received by the child care provider for the child or
children of the obligor from the obligee or any public agency.
The court shall require verification of employment or school
attendance and documentation of child care expenses from the
obligee and the public agency, if applicable. If child care
expenses fluctuate during the year because of seasonal
employment or school attendance of the obligee or extended
periods of parenting time with the obligor, the court shall
determine child care expenses based on an average monthly cost.
The amount allocated for child care expenses is considered child
support but is not subject to a cost-of-living adjustment under
section 518.641. The amount allocated for child care expenses
terminates when either party notifies the public authority that
the child care costs have ended and without any legal action on
the part of either party. The public authority shall verify the
information received under this provision before authorizing
termination. The termination is effective as of the date of the
notification. In other cases where there is a substantial
increase or decrease in child care expenses, the parties may
modify the order under section 518.64.
The court may allow the obligor parent to care for the
child while the obligee parent is working, as provided in
section 518.175, subdivision 8, but this is not a reason to
deviate from the guidelines.
(c) In addition to the child support guidelines, the court
shall take into consideration the following factors in setting
or modifying child support or in determining whether to deviate
from the guidelines:
(1) all earnings, income, and resources of the parents,
including real and personal property, but excluding income from
excess employment of the obligor or obligee that meets the
criteria of paragraph (b), clause (2)(ii);
(2) the financial needs and resources, physical and
emotional condition, and educational needs of the child or
children to be supported;
(3) the standard of living the child would have enjoyed had
the marriage not been dissolved, but recognizing that the
parents now have separate households;
(4) which parent receives the income taxation dependency
exemption and what financial benefit the parent receives from
it;
(5) the parents' debts as provided in paragraph (d); and
(6) the obligor's receipt of public assistance under the
AFDC program formerly codified under sections 256.72 to 256.82
or 256B.01 to 256B.40 and chapter 256J or 256K.
(d) In establishing or modifying a support obligation, the
court may consider debts owed to private creditors, but only if:
(1) the right to support has not been assigned under
section 256.741;
(2) the court determines that the debt was reasonably
incurred for necessary support of the child or parent or for the
necessary generation of income. If the debt was incurred for
the necessary generation of income, the court shall consider
only the amount of debt that is essential to the continuing
generation of income; and
(3) the party requesting a departure produces a sworn
schedule of the debts, with supporting documentation, showing
goods or services purchased, the recipient of them, the amount
of the original debt, the outstanding balance, the monthly
payment, and the number of months until the debt will be fully
paid.
(e) Any schedule prepared under paragraph (d), clause (3),
shall contain a statement that the debt will be fully paid after
the number of months shown in the schedule, barring emergencies
beyond the party's control.
(f) Any further departure below the guidelines that is
based on a consideration of debts owed to private creditors
shall not exceed 18 months in duration, after which the support
shall increase automatically to the level ordered by the court.
Nothing in this section shall be construed to prohibit one or
more step increases in support to reflect debt retirement during
the 18-month period.
(g) If payment of debt is ordered pursuant to this section,
the payment shall be ordered to be in the nature of child
support.
(h) Nothing shall preclude the court from receiving
evidence on the above factors to determine if the guidelines
should be exceeded or modified in a particular case.
(i) The guidelines in this subdivision are a rebuttable
presumption and shall be used in all cases when establishing or
modifying child support. If the court does not deviate from the
guidelines, the court shall make written findings concerning the
amount of the obligor's income used as the basis for the
guidelines calculation and any other significant evidentiary
factors affecting the determination of child support. If the
court deviates from the guidelines, the court shall make written
findings giving the amount of support calculated under the
guidelines, the reasons for the deviation, and shall
specifically address the criteria in paragraph (c) and how the
deviation serves the best interest of the child. The court may
deviate from the guidelines if both parties agree and the court
makes written findings that it is in the best interests of the
child, except that in cases where child support payments are
assigned to the public agency under section 256.741, the court
may deviate downward only as provided in paragraph (j). Nothing
in this paragraph prohibits the court from deviating in other
cases. The provisions of this paragraph apply whether or not
the parties are each represented by independent counsel and have
entered into a written agreement. The court shall review
stipulations presented to it for conformity to the guidelines
and the court is not required to conduct a hearing, but the
parties shall provide the documentation of earnings required
under subdivision 5b.
(j) If the child support payments are assigned to the
public agency under section 256.741, the court may not deviate
downward from the child support guidelines unless the court
specifically finds that the failure to deviate downward would
impose an extreme hardship on the obligor.
(k) The dollar amount of the income limit for application
of the guidelines must be adjusted on July 1 of every
even-numbered year to reflect cost-of-living changes. The
Supreme Court shall select the index for the adjustment from the
indices listed in section 518.641. The state court
administrator shall make the changes in the dollar amount
required by this paragraph available to courts and the public on
or before April 30 of the year in which the amount is to change.
(l) In establishing or modifying child support, if a child
receives a child's insurance benefit under United States Code,
title 42, section 402, because the obligor is entitled to old
age or disability insurance benefits, the amount of support
ordered shall be offset by the amount of the child's benefit.
The court shall make findings regarding the obligor's income
from all sources, the child support amount calculated under this
section, the amount of the child's benefit, and the obligor's
child support obligation. Any benefit received by the child in
a given month in excess of the child support obligation shall
not be treated as an arrearage payment or a future payment.
Sec. 8. Minnesota Statutes 2004, section 518.551,
subdivision 5b, is amended to read:
Subd. 5b. [DETERMINATION OF INCOME PROVIDING INCOME
INFORMATION.] (a) The parties shall timely serve and file
documentation of earnings and income. When there is a prehearing
conference, the court must receive the documentation of income
at least ten days prior to the prehearing conference.
Documentation of earnings and income also includes, but is not
limited to, pay stubs for the most recent three months, employer
statements, or statement of receipts and expenses if
self-employed. Documentation of earnings and income also
includes copies of each parent's most recent federal tax
returns, including W-2 forms, 1099 forms, unemployment benefits
statements, workers' compensation statements, and all other
documents evidencing income as received that provide
verification of income over a longer period In any case where
the parties have joint children for which a child support order
must be determined, the parties shall serve and file with their
initial pleadings or motion documents, a financial affidavit,
disclosing all sources of gross income. The financial affidavit
shall include relevant supporting documentation necessary to
calculate the parental income for child support under section
518.54, subdivision 15, including, but not limited to, pay stubs
for the most recent three months, employer statements, or
statements of receipts and expenses if self-employed.
Documentation of earnings and income also include relevant
copies of each parent's most recent federal tax returns,
including W-2 forms, 1099 forms, unemployment benefit
statements, workers' compensation statements, and all other
documents evidencing earnings or income as received that provide
verification for the financial affidavit.
(b) In addition to the requirements of paragraph (a), at
any time after an action seeking child support has been
commenced or when a child support order is in effect, a party or
the public authority may require the other party to give them a
copy of the party's most recent federal tax returns that were
filed with the Internal Revenue Service. The party shall
provide a copy of the tax returns within 30 days of receipt of
the request unless the request is not made in good faith. A
request under this paragraph may not be made more than once
every two years, in the absence of good cause.
(c) If a parent under the jurisdiction of the court does
not appear at a court hearing after proper notice of the time
and place of the hearing serve and file the financial affidavit
with the parent's initial pleading, the court shall set income
for that parent based on credible evidence before the court or
in accordance with paragraph (d) section 518.54, subdivision 23.
Credible evidence may include documentation of current or recent
income, testimony of the other parent concerning recent earnings
and income levels, and the parent's wage reports filed with the
Minnesota Department of Employment and Economic Development
under section 268.044.
(d) If the court finds that a parent is voluntarily
unemployed or underemployed or was voluntarily unemployed or
underemployed during the period for which past support is being
sought, support shall be calculated based on a determination of
imputed income. A parent is not considered voluntarily
unemployed or underemployed upon a showing by the parent that
the unemployment or underemployment: (1) is temporary and will
ultimately lead to an increase in income; or (2) represents a
bona fide career change that outweighs the adverse effect of
that parent's diminished income on the child. Imputed income
means the estimated earning ability of a parent based on the
parent's prior earnings history, education, and job skills, and
on availability of jobs within the community for an individual
with the parent's qualifications.
(e) If there is insufficient information to determine
actual income or to impute income pursuant to paragraph (d), the
court may calculate support based on full-time employment of 40
hours per week at 150 percent of the federal minimum wage or the
Minnesota minimum wage, whichever is higher. If a parent is a
recipient of public assistance under section 256.741, or is
physically or mentally incapacitated, it shall be presumed that
the parent is not voluntarily unemployed or underemployed.
(f) Income from self employment is equal to gross receipts
minus ordinary and necessary expenses. Ordinary and necessary
expenses do not include amounts allowed by the Internal Revenue
Service for accelerated depreciation expenses or investment tax
credits or any other business expenses determined by the court
to be inappropriate for determining income for purposes of child
support. The person seeking to deduct an expense, including
depreciation, has the burden of proving, if challenged, that the
expense is ordinary and necessary. Net income under this
section may be different from taxable income.
Sec. 9. [518.6197] [CHILD SUPPORT DEBT/ARREARAGE
MANAGEMENT.]
In order to reduce and otherwise manage support debts and
arrearages, the parties, including the public authority where
arrearages have been assigned to the public authority, may
compromise unpaid support debts or arrearages owed by one party
to another, whether or not docketed as a judgment. A party may
agree or disagree to compromise only those debts or arrearages
owed to that party.
Sec. 10. Minnesota Statutes 2004, section 518.64,
subdivision 2, is amended to read:
Subd. 2. [MODIFICATION.] (a) The terms of an order
respecting maintenance or support may be modified upon a showing
of one or more of the following: (1) substantially increased or
decreased earnings of a party gross income of an obligor or
obligee; (2) substantially increased or decreased need of a
party an obligor or obligee or the child or children that are
the subject of these proceedings; (3) receipt of assistance
under the AFDC program formerly codified under sections 256.72
to 256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a
change in the cost of living for either party as measured by the
Federal Bureau of Labor Statistics, any of which makes the terms
unreasonable and unfair; (5) extraordinary medical expenses of
the child not provided for under section 518.171; or (6) the
addition of work-related or education-related child care
expenses of the obligee or a substantial increase or decrease in
existing work-related or education-related child care expenses;
or (7) upon the emancipation of the child, as provided in
section 518.64, subdivision 4a.
On a motion to modify support, the needs of any child the
obligor has after the entry of the support order that is the
subject of a modification motion shall be considered as provided
by section 518.551, subdivision 5f.
(b) It is presumed that there has been a substantial change
in circumstances under paragraph (a) and the terms of a current
support order shall be rebuttably presumed to be unreasonable
and unfair if:
(1) the application of the child support guidelines in
section 518.551, subdivision 5, to the current circumstances of
the parties results in a calculated court order that is at least
20 percent and at least $50 $75 per month higher or lower than
the current support order;
(2) the medical support provisions of the order established
under section 518.171 518.719 are not enforceable by the public
authority or the obligee;
(3) health coverage ordered under section 518.171 518.719
is not available to the child for whom the order is established
by the parent ordered to provide; or
(4) the existing support obligation is in the form of a
statement of percentage and not a specific dollar amount; or
(5) the gross income of an obligor or obligee has decreased
by at least 20 percent through no fault or choice of the party.
(c) A child support order is not presumptively modifiable
solely because an obligor or obligee becomes responsible for the
support of an additional nonjoint child, which is born after an
existing order. Section 518.717 shall be considered if other
grounds are alleged which allow a modification of support.
(d) On a motion for modification of maintenance, including
a motion for the extension of the duration of a maintenance
award, the court shall apply, in addition to all other relevant
factors, the factors for an award of maintenance under section
518.552 that exist at the time of the motion. On a motion for
modification of support, the court:
(1) shall apply section 518.551, subdivision 5 518.725, and
shall not consider the financial circumstances of each party's
spouse, if any; and
(2) shall not consider compensation received by a party for
employment in excess of a 40-hour work week, provided that the
party demonstrates, and the court finds, that:
(i) the excess employment began after entry of the existing
support order;
(ii) the excess employment is voluntary and not a condition
of employment;
(iii) the excess employment is in the nature of additional,
part-time employment, or overtime employment compensable by the
hour or fractions of an hour;
(iv) the party's compensation structure has not been
changed for the purpose of affecting a support or maintenance
obligation;
(v) in the case of an obligor, current child support
payments are at least equal to the guidelines amount based on
income not excluded under this clause; and
(vi) in the case of an obligor who is in arrears in child
support payments to the obligee, any net income from excess
employment must be used to pay the arrearages until the
arrearages are paid in full.
(d) (e) A modification of support or maintenance, including
interest that accrued pursuant to section 548.091, may be made
retroactive only with respect to any period during which the
petitioning party has pending a motion for modification but only
from the date of service of notice of the motion on the
responding party and on the public authority if public
assistance is being furnished or the county attorney is the
attorney of record. However, modification may be applied to an
earlier period if the court makes express findings that:
(1) the party seeking modification was precluded from
serving a motion by reason of a significant physical or mental
disability, a material misrepresentation of another party, or
fraud upon the court and that the party seeking modification,
when no longer precluded, promptly served a motion;
(2) the party seeking modification was a recipient of
federal Supplemental Security Income (SSI), Title II Older
Americans, Survivor's Disability Insurance (OASDI), other
disability benefits, or public assistance based upon need during
the period for which retroactive modification is sought;
(3) the order for which the party seeks amendment was
entered by default, the party shows good cause for not
appearing, and the record contains no factual evidence, or
clearly erroneous evidence regarding the individual obligor's
ability to pay; or
(4) the party seeking modification was institutionalized or
incarcerated for an offense other than nonsupport of a child
during the period for which retroactive modification is sought
and lacked the financial ability to pay the support ordered
during that time period. In determining whether to allow the
retroactive modification, the court shall consider whether and
when a request was made to the public authority for support
modification.
The court may provide that a reduction in the amount allocated
for child care expenses based on a substantial decrease in the
expenses is effective as of the date the expenses decreased.
(e) (f) Except for an award of the right of occupancy of
the homestead, provided in section 518.63, all divisions of real
and personal property provided by section 518.58 shall be final,
and may be revoked or modified only where the court finds the
existence of conditions that justify reopening a judgment under
the laws of this state, including motions under section 518.145,
subdivision 2. The court may impose a lien or charge on the
divided property at any time while the property, or subsequently
acquired property, is owned by the parties or either of them,
for the payment of maintenance or support money, or may
sequester the property as is provided by section 518.24.
(f) (g) The court need not hold an evidentiary hearing on a
motion for modification of maintenance or support.
(g) (h) Section 518.14 shall govern the award of attorney
fees for motions brought under this subdivision.
(i) Except as expressly provided, an enactment, amendment,
or repeal of law does not constitute a substantial change in the
circumstances for purposes of modifying a child support order.
(j) There may be no modification of an existing child
support order during the first year following the effective date
of sections 518.7123 to 518.729 except as follows:
(1) there is at least a 20 percent change in the gross
income of the obligor;
(2) there is a change in the number of joint children for
whom the obligor is legally responsible and actually supporting;
(3) the child supported by the existing child support order
becomes disabled; or
(4) both parents consent to modification of the existing
order in compliance with the new income shares guidelines.
(k) On the first modification under the income shares
method of calculation, the modification of basic support may be
limited if the amount of the full variance would create hardship
for either the obligor or the obligee.
Paragraph (j) expires January 1, 2008.
Sec. 11. Minnesota Statutes 2004, section 518.64, is
amended by adding a subdivision to read:
Subd. 7. [CHILD CARE EXCEPTION.] The court may provide
that a reduction in the amount allocated for child care expenses
based on a substantial decrease in the expenses is effective as
of the date the expense is decreased.
Sec. 12. Minnesota Statutes 2004, section 518.64, is
amended by adding a subdivision to read:
Subd. 8. [CHILD SUPPORT DEBT AND ARREARAGE
MANAGEMENT.] The parties, including the public authority, may
compromise child support debt or arrearages owed by one party to
another, whether or not reduced to judgment, upon agreement of
the parties involved.
Sec. 13. Minnesota Statutes 2004, section 518.68,
subdivision 2, is amended to read:
Subd. 2. [CONTENTS.] The required notices must be
substantially as follows:
IMPORTANT NOTICE
1. PAYMENTS TO PUBLIC AGENCY
According to Minnesota Statutes, section 518.551,
subdivision 1, payments ordered for maintenance and support
must be paid to the public agency responsible for child
support enforcement as long as the person entitled to
receive the payments is receiving or has applied for public
assistance or has applied for support and maintenance
collection services. MAIL PAYMENTS TO:
2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A
FELONY
A person may be charged with a felony who conceals a minor
child or takes, obtains, retains, or fails to return a
minor child from or to the child's parent (or person with
custodial or visitation rights), according to Minnesota
Statutes, section 609.26. A copy of that section is
available from any district court clerk.
3. NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES
A person who fails to pay court-ordered child support or
maintenance may be charged with a crime, which may include
misdemeanor, gross misdemeanor, or felony charges,
according to Minnesota Statutes, section 609.375. A copy
of that section is available from any district court clerk.
4. RULES OF SUPPORT, MAINTENANCE, PARENTING TIME
(a) Payment of support or spousal maintenance is to be as
ordered, and the giving of gifts or making purchases of
food, clothing, and the like will not fulfill the
obligation.
(b) Payment of support must be made as it becomes due, and
failure to secure or denial of parenting time is NOT an
excuse for nonpayment, but the aggrieved party must seek
relief through a proper motion filed with the court.
(c) Nonpayment of support is not grounds to deny parenting
time. The party entitled to receive support may apply for
support and collection services, file a contempt motion, or
obtain a judgment as provided in Minnesota Statutes,
section 548.091.
(d) The payment of support or spousal maintenance takes
priority over payment of debts and other obligations.
(e) A party who accepts additional obligations of support
does so with the full knowledge of the party's prior
obligation under this proceeding.
(f) Child support or maintenance is based on annual income,
and it is the responsibility of a person with seasonal
employment to budget income so that payments are made
throughout the year as ordered.
(g) If the obligor is laid off from employment or receives
a pay reduction, support may be reduced, but only if a
motion to reduce the support is served and filed with the
court. Any reduction will take effect only if ordered by
the court and may only relate back to the time that the
motion is filed. If a motion is not filed, the support
obligation will continue at the current level. The court
is not permitted to reduce support retroactively, except as
provided in Minnesota Statutes, section 518.64, subdivision
2, paragraph (c).
(h) Reasonable parenting time guidelines are contained in
Appendix B, which is available from the court administrator.
(i) (h) The nonpayment of support may be enforced through
the denial of student grants; interception of state and
federal tax refunds; suspension of driver's, recreational,
and occupational licenses; referral to the department of
revenue or private collection agencies; seizure of assets,
including bank accounts and other assets held by financial
institutions; reporting to credit bureaus; interest
charging, income withholding, and contempt proceedings; and
other enforcement methods allowed by law.
(i) The public authority may suspend or resume collection
of the amount allocated for child care expenses if the
conditions of section 518.72, subdivision 4, are met.
5. MODIFYING CHILD SUPPORT
If either the obligor or obligee is laid off from
employment or receives a pay reduction, child support may
be modified, increased, or decreased. Any modification
will only take effect when it is ordered by the court, and
will only relate back to the time that a motion is filed.
Either the obligor or obligee may file a motion to modify
child support, and may request the public agency for help.
UNTIL A MOTION IS FILED, THE CHILD SUPPORT OBLIGATION WILL
CONTINUE AT THE CURRENT LEVEL. THE COURT IS NOT PERMITTED
TO REDUCE SUPPORT RETROACTIVELY.
5 6. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17,
SUBDIVISION 3
Unless otherwise provided by the Court:
(a) Each party has the right of access to, and to receive
copies of, school, medical, dental, religious training, and
other important records and information about the minor
children. Each party has the right of access to
information regarding health or dental insurance available
to the minor children. Presentation of a copy of this
order to the custodian of a record or other information
about the minor children constitutes sufficient
authorization for the release of the record or information
to the requesting party.
(b) Each party shall keep the other informed as to the name
and address of the school of attendance of the minor
children. Each party has the right to be informed by
school officials about the children's welfare, educational
progress and status, and to attend school and parent
teacher conferences. The school is not required to hold a
separate conference for each party.
(c) In case of an accident or serious illness of a minor
child, each party shall notify the other party of the
accident or illness, and the name of the health care
provider and the place of treatment.
(d) Each party has the right of reasonable access and
telephone contact with the minor children.
6 7. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE
Child support and/or spousal maintenance may be withheld
from income, with or without notice to the person obligated
to pay, when the conditions of Minnesota Statutes, section
518.6111 have been met. A copy of those sections is
available from any district court clerk.
7 8. CHANGE OF ADDRESS OR RESIDENCE
Unless otherwise ordered, each party shall notify the other
party, the court, and the public authority responsible for
collection, if applicable, of the following information
within ten days of any change: the residential and mailing
address, telephone number, driver's license number, Social
Security number, and name, address, and telephone number of
the employer.
8 9. COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE
Child support and/or spousal maintenance may be adjusted
every two years based upon a change in the cost of living
(using Department of Labor Consumer Price Index ..........,
unless otherwise specified in this order) when the
conditions of Minnesota Statutes, section 518.641, are met.
Cost of living increases are compounded. A copy of
Minnesota Statutes, section 518.641, and forms necessary to
request or contest a cost of living increase are available
from any district court clerk.
9 10. JUDGMENTS FOR UNPAID SUPPORT
If a person fails to make a child support payment, the
payment owed becomes a judgment against the person
responsible to make the payment by operation of law on or
after the date the payment is due, and the person entitled
to receive the payment or the public agency may obtain
entry and docketing of the judgment WITHOUT NOTICE to the
person responsible to make the payment under Minnesota
Statutes, section 548.091. Interest begins to accrue on a
payment or installment of child support whenever the unpaid
amount due is greater than the current support due,
according to Minnesota Statutes, section 548.091,
subdivision 1a.
10 11. JUDGMENTS FOR UNPAID MAINTENANCE
A judgment for unpaid spousal maintenance may be entered
when the conditions of Minnesota Statutes, section 548.091,
are met. A copy of that section is available from any
district court clerk.
11 12. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF
CHILD SUPPORT
A judgment for attorney fees and other collection costs
incurred in enforcing a child support order will be entered
against the person responsible to pay support when the
conditions of section 518.14, subdivision 2, are met. A
copy of section 518.14 and forms necessary to request or
contest these attorney fees and collection costs are
available from any district court clerk.
12 13. PARENTING TIME EXPEDITOR PROCESS
On request of either party or on its own motion, the court
may appoint a parenting time expeditor to resolve parenting
time disputes under Minnesota Statutes, section 518.1751.
A copy of that section and a description of the expeditor
process is available from any district court clerk.
13 14. PARENTING TIME REMEDIES AND PENALTIES
Remedies and penalties for the wrongful denial of parenting
time are available under Minnesota Statutes, section
518.175, subdivision 6. These include compensatory
parenting time; civil penalties; bond requirements;
contempt; and reversal of custody. A copy of that
subdivision and forms for requesting relief are available
from any district court clerk.
Sec. 14. [518.7123] [CALCULATION OF GROSS INCOME.]
(a) Except as excluded below, gross income includes income
from any source, including, but not limited to, salaries, wages,
commissions, advances, bonuses, dividends, severance pay,
pensions, interest, honoraria, trust income, annuities, return
on capital, Social Security benefits, workers' compensation
benefits, unemployment insurance benefits, disability insurance
benefits, gifts, prizes, including lottery winnings, alimony,
spousal maintenance payments, income from self-employment or
operation of a business, as determined under section 518.7125.
All salary, wages, commissions, or other compensation paid by
third parties shall be based upon Medicare gross income. No
deductions shall be allowed for contributions to pensions,
401-K, IRA, or other retirement benefits.
(b) Excluded and not counted in gross income is
compensation received by a party for employment in excess of a
40-hour work week, provided that:
(1) child support is nonetheless ordered in an amount at
least equal to the guideline amount based on gross income not
excluded under this clause; and
(2) the party demonstrates, and the court finds, that:
(i) the excess employment began after the filing of the
petition for dissolution;
(ii) the excess employment reflects an increase in the work
schedule or hours worked over that of the two years immediately
preceding the filing of the petition;
(iii) the excess employment is voluntary and not a
condition of employment;
(iv) the excess employment is in the nature of additional,
part-time or overtime employment compensable by the hour or
fraction of an hour; and
(v) the party's compensation structure has not been changed
for the purpose of affecting a support or maintenance obligation.
(c) Expense reimbursements or in-kind payments received by
a parent in the course of employment, self-employment, or
operation of a business shall be counted as income if they
reduce personal living expenses.
(d) Gross income may be calculated on either an annual or
monthly basis. Weekly income shall be translated to monthly
income by multiplying the weekly income by 4.33.
(e) Excluded and not counted as income is any child support
payment received by a party. It is a rebuttable presumption
that adoption assistance payments, guardianship assistance
payments, and foster care subsidies are excluded and not counted
as income.
(f) Excluded and not counted as income is the income of the
obligor's spouse and the obligee's spouse.
Sec. 15. [518.7125] [INCOME FROM SELF-EMPLOYMENT OR
OPERATION OF A BUSINESS.]
For income from self-employment, rent, royalties,
proprietorship of a business, or joint ownership of a
partnership or closely held corporation, gross income is defined
as gross receipts minus costs of goods sold minus ordinary and
necessary expenses required for self-employment or business
operation. Specifically excluded from ordinary and necessary
expenses are amounts allowable by the Internal Revenue Service
for the accelerated component of depreciation expenses,
investment tax credits, or any other business expenses
determined by the court to be inappropriate or excessive for
determining gross income for purposes of calculating child
support.
Sec. 16. [518.713] [COMPUTATION OF CHILD SUPPORT
OBLIGATIONS.]
To determine the presumptive amount of support owed by a
parent, follow the procedure set forth in this section:
(1) determine the gross income of each parent using the
definition in section 518.54, subdivision 18;
(2) calculate the parental income for child support (PICS)
of each parent under section 518.54, subdivision 15, by
subtracting from the gross income the credit, if any, for each
parent's nonjoint children under section 518.717;
(3) determine the percentage contribution of each parent to
the combined PICS by dividing the combined PICS into each
parent's PICS;
(4) determine the combined basic support obligation by
application of the schedule in section 518.725;
(5) determine each parent's share of the basic support
obligation by multiplying the percentage figure from clause (3)
by the combined basic support obligation in clause (4);
(6) determine the parenting expense adjustment, if any, as
provided in section 518.722, and adjust that parent's basic
support obligation accordingly;
(7) determine the child care support obligation for each
parent as provided in section 518.72;
(8) determine the health care coverage obligation for each
parent as provided in section 518.719. Unreimbursed and
uninsured medical expenses are not included in the presumptive
amount of support owed by a parent and are calculated and
collected as described in section 518.722;
(9) determine each parent's total child support obligation
by adding together each parent's basic support, child care
support, and health care coverage obligations as provided in
clauses (1) to (8);
(10) reduce or increase each parent's total child support
obligation by the amount of the health care coverage
contribution paid by or on behalf of the other parent, as
provided in section 518.719, subdivision 5;
(11) if Social Security benefits or veterans' benefits are
received by one parent as a representative payee for a joint
child due to the other parent's disability or retirement,
subtract the amount of benefits from the other parent's net
child support obligation, if any;
(12) apply the self-support adjustment and minimum support
obligation provisions as provided in section 518.724; and
(13) the final child support order shall separately
designate the amount owed for basic support, child care support,
and medical support.
Sec. 17. [518.714] [DEVIATIONS FROM CHILD SUPPORT
GUIDELINES.]
Subdivision 1. [GENERAL FACTORS.] Among other reasons,
deviation from the presumptive guideline amount is intended to
encourage prompt and regular payments of child support and to
prevent either parent or the joint children from living in
poverty. In addition to the child support guidelines, the court
must take into consideration the following factors in setting or
modifying child support or in determining whether to deviate
upward or downward from the guidelines:
(1) all earnings, income, circumstances, and resources of
each parent, including real and personal property, but excluding
income from excess employment of the obligor or obligee that
meets the criteria of section 518.7123, paragraph (b), clause
(2);
(2) the extraordinary financial needs and resources,
physical and emotional condition, and educational needs of the
child to be supported;
(3) the standard of living the child would enjoy if the
parents were currently living together, but recognizing that the
parents now have separate households;
(4) which parent receives the income taxation dependency
exemption and the financial benefit the parent receives from it;
(5) the parents' debts as provided in subdivision 2; and
(6) the obligor's total payments for court-ordered child
support exceed the limitations set forth in section 571.922.
Subd. 2. [DEBT OWED TO PRIVATE CREDITORS.] (a) In
establishing or modifying a support obligation, the court may
consider debts owed to private creditors, but only if:
(1) the right to support has not been assigned under
section 256.741;
(2) the court determines that the debt was reasonably
incurred for necessary support of the child or parent or for the
necessary generation of income. If the debt was incurred for
the necessary generation of income, the court may consider only
the amount of debt that is essential to the continuing
generation of income; and
(3) the party requesting a departure produces a sworn
schedule of the debts, with supporting documentation, showing
goods or services purchased, the recipient of them, the original
debt amount, the outstanding balance, the monthly payment, and
the number of months until the debt will be fully paid.
(b) A schedule prepared under paragraph (a), clause (3),
must contain a statement that the debt will be fully paid after
the number of months shown in the schedule, barring emergencies
beyond the party's control.
(c) Any further departure below the guidelines that is
based on a consideration of debts owed to private creditors must
not exceed 18 months in duration. After 18 months the support
must increase automatically to the level ordered by the court.
This section does not prohibit one or more step increases in
support to reflect debt retirement during the 18-month period.
(d) If payment of debt is ordered pursuant to this section,
the payment must be ordered to be in the nature of child support.
Subd. 3. [EVIDENCE.] The court may receive evidence on the
factors in this section to determine if the guidelines should be
exceeded or modified in a particular case.
Subd. 4. [PAYMENTS ASSIGNED TO PUBLIC AUTHORITY.] If the
child support payments are assigned to the public authority
under section 256.741, the court may not deviate downward from
the child support guidelines unless the court specifically finds
that the failure to deviate downward would impose an extreme
hardship on the obligor.
Subd. 5. [JOINT LEGAL CUSTODY.] An award of joint legal
custody is not a reason for deviation from the guidelines.
Subd. 6. [SELF-SUPPORT LIMITATION.] If, after payment of
income and payroll taxes, the obligor can establish that they do
not have enough for the self-support reserve, a downward
deviation may be allowed.
Sec. 18. [518.715] [WRITTEN FINDINGS.]
Subdivision 1. [NO DEVIATION.] If the court does not
deviate from the guidelines, the court must make written
findings concerning the amount of the parties' gross income used
as the basis for the guidelines calculation and any other
significant evidentiary factors affecting the child support
determination.
Subd. 2. [DEVIATION.] (a) If the court deviates from the
guidelines by agreement of the parties or pursuant to section
518.714, the court must make written findings giving the amount
of support calculated under the guidelines, the reasons for the
deviation, and must specifically address how the deviation
serves the best interests of the child; and
(b) determine each parent's gross income and PICS.
Subd. 3. [WRITTEN FINDINGS REQUIRED IN EVERY CASE.] The
provisions of this section apply whether or not the parties are
each represented by independent counsel and have entered into a
written agreement. The court must review stipulations presented
to it for conformity to the guidelines. The court is not
required to conduct a hearing, but the parties must provide
sufficient documentation to verify the child support
determination, and justify any deviation from the guidelines.
Sec. 19. [518.716] [GUIDELINES REVIEW.]
No later than 2006 and every four years after that, the
Department of Human Services must conduct a review of the child
support guidelines.
Sec. 20. [518.717] [NONJOINT CHILDREN.]
(a) When either or both parents of the joint child subject
to this determination are legally responsible for a nonjoint
child who resides in that parent's household, a credit for this
obligation shall be calculated under this section.
(b) Determine the gross income for each parent under
section 518.54, subdivision 18.
(c) Using the guideline as established in section 518.725,
determine the basic child support obligation for the nonjoint
child or children who actually reside in the parent's household,
by using the gross income of the parent for whom the credit is
being calculated, and using the number of nonjoint children
actually in the parent's immediate household. If the number of
nonjoint children to be used for the determination is greater
than two, the determination shall be made using the number two
instead of the greater number.
(d) The credit for nonjoint children shall be 50 percent of
the guideline amount from paragraph (c).
Sec. 21. [518.718] [SOCIAL SECURITY OR VETERANS' BENEFIT
PAYMENTS RECEIVED ON BEHALF OF THE CHILD.]
(a) The amount of the monthly Social Security benefits or
apportioned veterans' benefits received by the child or on
behalf of the child shall be added to the gross income of the
parent for whom the disability or retirement benefit was paid.
(b) The amount of the monthly survivors' and dependents'
educational assistance received by the child or on behalf of the
child shall be added to the gross income of the parent for whom
the disability or retirement benefit was paid.
(c) If the Social Security or apportioned veterans'
benefits are paid on behalf of the obligor, and are received by
the obligee as a representative payee for the child or by the
child attending school, then the amount of the benefits may also
be subtracted from the obligor's net child support obligation as
calculated pursuant to section 518.713.
(d) If the survivors' and dependents' educational
assistance is paid on behalf of the obligor, and is received by
the obligee as a representative payee for the child or by the
child attending school, then the amount of the assistance shall
also be subtracted from the obligor's net child support
obligation as calculated pursuant to section 518.713.
Sec. 22. [518.719] [MEDICAL SUPPORT.]
Subdivision 1. [DEFINITIONS.] The definitions in this
subdivision apply to sections 518.54 to 518.773.
(a) "Health care coverage" means health care benefits that
are provided by a health plan. Health care coverage does not
include any form of medical assistance under chapter 256B or
MinnesotaCare under chapter 256L.
(b) "Health carrier" means a carrier as defined in sections
62A.011, subdivision 2, and 62L.02, subdivision 16.
(c) "Health plan" means a plan meeting the definition under
section 62A.011, subdivision 3, a group health plan governed
under the federal Employee Retirement Income Security Act of
1974 (ERISA), a self-insured plan under sections 43A.23 to
43A.317 and 471.617, or a policy, contract, or certificate
issued by a community-integrated service network licensed under
chapter 62N. Health plan includes plans:
(1) provided on an individual and group basis;
(2) provided by an employer or union;
(3) purchased in the private market; and
(4) available to a person eligible to carry insurance for
the joint child.
Health plan includes a plan providing for dependent-only dental
or vision coverage and a plan provided through a party's spouse
or parent.
(d) "Medical support" means providing health care coverage
for a joint child by carrying health care coverage for the joint
child or by contributing to the cost of health care coverage,
public coverage, unreimbursed medical expenses, and uninsured
medical expenses of the joint child.
(e) "National medical support notice" means an
administrative notice issued by the public authority to enforce
health insurance provisions of a support order in accordance
with Code of Federal Regulations, title 45, section 303.32, in
cases where the public authority provides support enforcement
services.
(f) "Public coverage" means health care benefits provided
by any form of medical assistance under chapter 256B or
MinnesotaCare under chapter 256L.
(g) "Uninsured medical expenses" means a joint child's
reasonable and necessary health-related expenses if the joint
child is not covered by a health plan or public coverage when
the expenses are incurred.
(h) "Unreimbursed medical expenses" means a joint child's
reasonable and necessary health-related expenses if a joint
child is covered by a health plan or public coverage and the
plan or coverage does not pay for the total cost of the expenses
when the expenses are incurred. Unreimbursed medical expenses
do not include the cost of premiums. Unreimbursed medical
expenses include, but are not limited to, deductibles,
co-payments, and expenses for orthodontia, and prescription
eyeglasses and contact lenses, but not over-the-counter
medications if coverage is under a health plan.
Subd. 2. [ORDER.] (a) A completed national medical support
notice issued by the public authority or a court order that
complies with this section is a qualified medical child support
order under the federal Employee Retirement Income Security Act
of 1974 (ERISA), United States Code, title 29, section 1169(a).
(b) Every order addressing child support must state:
(1) the names, last known addresses, and Social Security
numbers of the parents and the joint child that is a subject of
the order unless the court prohibits the inclusion of an address
or Social Security number and orders the parents to provide the
address and Social Security number to the administrator of the
health plan;
(2) whether appropriate health care coverage for the joint
child is available and, if so, state:
(i) which party must carry health care coverage;
(ii) the cost of premiums and how the cost is allocated
between the parties;
(iii) how unreimbursed expenses will be allocated and
collected by the parties; and
(iv) the circumstances, if any, under which the obligation
to provide health care coverage for the joint child will shift
from one party to the other;
(3) if appropriate health care coverage is not available
for the joint child, whether a contribution for medical support
is required; and
(4) whether the amount ordered for medical support is
subject to a cost-of-living adjustment under section 518.641.
Subd. 3. [DETERMINING APPROPRIATE HEALTH CARE
COVERAGE.] (a) In determining whether a party has appropriate
health care coverage for the joint child, the court must
evaluate the health plan using the following factors:
(1) accessible coverage. Dependent health care coverage is
accessible if the covered joint child can obtain services from a
health plan provider with reasonable effort by the parent with
whom the joint child resides. Health care coverage is presumed
accessible if:
(i) primary care coverage is available within 30 minutes or
30 miles of the joint child's residence and specialty care
coverage is available within 60 minutes or 60 miles of the joint
child's residence;
(ii) the coverage is available through an employer and the
employee can be expected to remain employed for a reasonable
amount of time; and
(iii) no preexisting conditions exist to delay coverage
unduly;
(2) comprehensive coverage. Dependent health care coverage
is comprehensive if it includes, at a minimum, medical and
hospital coverage and provides for preventive, emergency, acute,
and chronic care. If both parties have health care coverage
that meets the minimum requirements, the court must determine
which health care coverage is more comprehensive by considering
whether the coverage includes:
(i) basic dental coverage;
(ii) orthodontia;
(iii) eyeglasses;
(iv) contact lenses;
(v) mental health services; or
(vi) substance abuse treatment;
(3) affordable coverage. Dependent health care coverage is
affordable if it is reasonable in cost; and
(4) the joint child's special medical needs, if any.
(b) If both parties have health care coverage available for
a joint child, and the court determines under paragraph (a),
clauses (1) and (2), that the available coverage is comparable
with regard to accessibility and comprehensiveness, the least
costly health care coverage is the presumed appropriate health
care coverage for the joint child.
Subd. 4. [ORDERING HEALTH CARE COVERAGE.] (a) If a joint
child is presently enrolled in health care coverage, the court
must order that the parent who currently has the joint child
enrolled continue that enrollment unless the parties agree
otherwise or a party requests a change in coverage and the court
determines that other health care coverage is more appropriate.
(b) If a joint child is not presently enrolled in health
care coverage, upon motion of a party or the public authority,
the court must determine whether one or both parties have
appropriate health care coverage for the joint child and order
the party with appropriate health care coverage available to
carry the coverage for the joint child.
(c) If only one party has appropriate health care coverage
available, the court must order that party to carry the coverage
for the joint child.
(d) If both parties have appropriate health care coverage
available, the court must order the parent with whom the joint
child resides to carry the coverage for the joint child, unless:
(1) either party expresses a preference for coverage
available through the parent with whom the joint child does not
reside;
(2) the parent with whom the joint child does not reside is
already carrying dependent health care coverage for other
children and the cost of contributing to the premiums of the
other parent's coverage would cause the parent with whom the
joint child does not reside extreme hardship; or
(3) the parents agree to provide coverage and agree on the
allocation of costs.
(e) If the exception in paragraph (d), clause (1) or (2),
applies, the court must determine which party has the most
appropriate coverage available and order that party to carry
coverage for the joint child. If the court determines under
subdivision 3, paragraph (a), clauses (1) and (2), that the
parties' health care coverage for the joint child is comparable
with regard to accessibility and comprehensiveness, the court
must presume that the party with the least costly health care
coverage to carry coverage for the joint child.
(f) If neither party has appropriate health care coverage
available, the court must order the parents to:
(1) contribute toward the actual health care costs of the
joint children based on a pro rata share; or
(2) if the joint child is receiving any form of medical
assistance under chapter 256B or MinnesotaCare under chapter
256L, the parent with whom the joint child does not reside shall
contribute a monthly amount toward the actual cost of medical
assistance under chapter 256B or MinnesotaCare under chapter
256L. The amount of contribution of the noncustodial parent is
the amount the noncustodial parent would pay for the child's
premiums if the noncustodial parent's income meets the
eligibility requirements for public coverage. For purposes of
determining the premium amount, the noncustodial parent's
household size is equal to one parent plus the child or children
who are the subject of the child support order. If the
noncustodial parent's income exceeds the eligibility
requirements for public coverage, the court must order the
noncustodial parent's contribution toward the full premium cost
of the child's or children's coverage. The custodial parent's
obligation is determined under the requirements for public
coverage as set forth in chapter 256B or 256L. The court may
order the parent with whom the child resides to apply for public
coverage for the child.
(g) A presumption of no less than $50 per month must be
applied to the actual health care costs of the joint children or
to the cost of health care coverage.
(h) The commissioner of human services must publish a table
with the premium schedule for public coverage and update the
chart for changes to the schedule by July 1 of each year.
Subd. 5. [MEDICAL SUPPORT COSTS; UNREIMBURSED AND
UNINSURED MEDICAL EXPENSES.] (a) Unless otherwise agreed to by
the parties and approved by the court, the court must order that
the cost of health care coverage and all unreimbursed and
uninsured medical expenses under the health plan be divided
between the obligor and obligee based on their proportionate
share of the parties' combined monthly PICS.
(b) If a party owes a joint child support obligation for a
child and is ordered to carry health care coverage for the joint
child, and the other party is ordered to contribute to the
carrying party's cost for coverage, the carrying party's child
support payment must be reduced by the amount of the
contributing party's contribution.
(c) If a party owes a joint child support obligation for a
child and is ordered to contribute to the other party's cost for
carrying health care coverage for the joint child, the
contributing party's child support payment must be increased by
the amount of the contribution.
(d) If the party ordered to carry health care coverage for
the joint child already carries dependent health care coverage
for other dependents and would incur no additional premium costs
to add the joint child to the existing coverage, the court must
not order the other party to contribute to the premium costs for
coverage of the joint child.
(e) If a party ordered to carry health care coverage for
the joint child does not already carry dependent health care
coverage but has other dependents who may be added to the
ordered coverage, the full premium costs of the dependent health
care coverage must be allocated between the parties in
proportion to the party's share of the parties' combined PICS,
unless the parties agree otherwise.
(f) If a party ordered to carry health care coverage for
the joint child is required to enroll in a health plan so that
the joint child can be enrolled in dependent health care
coverage under the plan, the court must allocate the costs of
the dependent health care coverage between the parties. The
costs of the health care coverage for the party ordered to carry
the coverage for the joint child must not be allocated between
the parties.
Subd. 6. [NOTICE OR COURT ORDER SENT TO PARTY'S EMPLOYER,
UNION, OR HEALTH CARRIER.] (a) The public authority must forward
a copy of the national medical support notice or court order for
health care coverage to the party's employer within two business
days after the date the party is entered into the work reporting
system under section 256.998.
(b) The public authority or a party seeking to enforce an
order for health care coverage must forward a copy of the
national medical support notice or court order to the obligor's
employer or union, or to the health carrier under the following
circumstances:
(1) the party ordered to carry health care coverage for the
joint child fails to provide written proof to the other party or
the public authority, within 30 days of the effective date of
the court order, that the party has applied for health care
coverage for the joint child;
(2) the party seeking to enforce the order or the public
authority gives written notice to the party ordered to carry
health care coverage for the joint child of its intent to
enforce medical support. The party seeking to enforce the order
or public authority must mail the written notice to the last
known address of the party ordered to carry health care coverage
for the joint child; and
(3) the party ordered to carry health care coverage for the
joint child fails, within 15 days after the date on which the
written notice under clause (2) was mailed, to provide written
proof to the other party or the public authority that the party
has applied for health care coverage for the joint child.
(c) The public authority is not required to forward a copy
of the national medical support notice or court order to the
obligor's employer or union, or to the health carrier, if the
court orders health care coverage for the joint child that is
not employer-based or union-based coverage.
Subd. 7. [EMPLOYER OR UNION REQUIREMENTS.] (a) An employer
or union must forward the national medical support notice or
court order to its health plan within 20 business days after the
date on the national medical support notice or after receipt of
the court order.
(b) Upon determination by an employer's or union's health
plan administrator that a joint child is eligible to be covered
under the health plan, the employer or union and health plan
must enroll the joint child as a beneficiary in the health plan,
and the employer must withhold any required premiums from the
income or wages of the party ordered to carry health care
coverage for the joint child.
(c) If enrollment of the party ordered to carry health care
coverage for a joint child is necessary to obtain dependent
health care coverage under the plan, and the party is not
enrolled in the health plan, the employer or union must enroll
the party in the plan.
(d) Enrollment of dependents and, if necessary, the party
ordered to carry health care coverage for the joint child must
be immediate and not dependent upon open enrollment periods.
Enrollment is not subject to the underwriting policies under
section 62A.048.
(e) Failure of the party ordered to carry health care
coverage for the joint child to execute any documents necessary
to enroll the dependent in the health plan does not affect the
obligation of the employer or union and health plan to enroll
the dependent in a plan. Information and authorization provided
by the public authority, or by a party or guardian, is valid for
the purposes of meeting enrollment requirements of the health
plan.
(f) An employer or union that is included under the federal
Employee Retirement Income Security Act of 1974 (ERISA), United
States Code, title 29, section 1169(a), may not deny enrollment
to the joint child or to the parent if necessary to enroll the
joint child based on exclusionary clauses described in section
62A.048.
(g) A new employer or union of a party who is ordered to
provide health care coverage for a joint child must enroll the
joint child in the party's health plan as required by a national
medical support notice or court order.
Subd. 8. [HEALTH PLAN REQUIREMENTS.] (a) If a health plan
administrator receives a completed national medical support
notice or court order, the plan administrator must notify the
parties, and the public authority if the public authority
provides support enforcement services, within 40 business days
after the date of the notice or after receipt of the court
order, of the following:
(1) whether coverage is available to the joint child under
the terms of the health plan and, if not, the reason why
coverage is not available;
(2) whether the joint child is covered under the health
plan;
(3) the effective date of the joint child's coverage under
the health plan; and
(4) what steps, if any, are required to effectuate the
joint child's coverage under the health plan.
(b) If the employer or union offers more than one plan and
the national medical support notice or court order does not
specify the plan to be carried, the plan administrator must
notify the parents and the public authority if the public
authority provides support enforcement services. When there is
more than one option available under the plan, the public
authority, in consultation with the parent with whom the joint
child resides, must promptly select from available plan options.
(c) The plan administrator must provide the parents and
public authority, if the public authority provides support
enforcement services, with a notice of the joint child's
enrollment, description of the coverage, and any documents
necessary to effectuate coverage.
(d) The health plan must send copies of all correspondence
regarding the health care coverage to the parents.
(e) An insured joint child's parent's signature is a valid
authorization to a health plan for purposes of processing an
insurance reimbursement payment to the medical services provider
or to the parent, if medical services have been prepaid by that
parent.
Subd. 9. [EMPLOYER OR UNION LIABILITY.] (a) An employer or
union that willfully fails to comply with the order or notice is
liable for any uninsured medical expenses incurred by the
dependents while the dependents were eligible to be enrolled in
the health plan and for any other premium costs incurred because
the employer or union willfully failed to comply with the order
or notice.
(b) An employer or union that fails to comply with the
order or notice is subject to a contempt finding, a $250 civil
penalty under section 518.615, and is subject to a civil penalty
of $500 to be paid to the party entitled to reimbursement or the
public authority. Penalties paid to the public authority are
designated for child support enforcement services.
Subd. 10. [CONTESTING ENROLLMENT.] (a) A party may contest
a joint child's enrollment in a health plan on the limited
grounds that the enrollment is improper due to mistake of fact
or that the enrollment meets the requirements of section 518.145.
(b) If the party chooses to contest the enrollment, the
party must do so no later than 15 days after the employer
notifies the party of the enrollment by doing the following:
(1) filing a motion in district court or according to
section 484.702 and the expedited child support process rules if
the public authority provides support enforcement services;
(2) serving the motion on the other party and public
authority if the public authority provides support enforcement
services; and
(3) securing a date for the matter to be heard no later
than 45 days after the notice of enrollment.
(c) The enrollment must remain in place while the party
contests the enrollment.
Subd. 11. [DISENROLLMENT; CONTINUATION OF COVERAGE;
COVERAGE OPTIONS.] (a) Unless a court order provides otherwise,
a child for whom a party is required to provide health care
coverage under this section must be covered as a dependent of
the party until the child is emancipated, until further order of
the court, or as consistent with the terms of the coverage.
(b) The health carrier, employer, or union may not
disenroll or eliminate coverage for the child unless:
(1) the health carrier, employer, or union is provided
satisfactory written evidence that the court order is no longer
in effect;
(2) the joint child is or will be enrolled in comparable
health care coverage through another health plan that will take
effect no later than the effective date of the disenrollment;
(3) the employee is no longer eligible for dependent
coverage; or
(4) the required premium has not been paid by or on behalf
of the joint child.
(c) The health plan must provide 30 days' written notice to
the joint child's parents, and the public authority if the
public authority provides support enforcement services, before
the health plan disenrolls or eliminates the joint child's
coverage.
(d) A joint child enrolled in health care coverage under a
qualified medical child support order, including a national
medical support notice, under this section is a dependent and a
qualified beneficiary under the Consolidated Omnibus Budget and
Reconciliation Act of 1985 (COBRA), Public Law 99-272. Upon
expiration of the order, the joint child is entitled to the
opportunity to elect continued coverage that is available under
the health plan. The employer or union must provide notice to
the parties and the public authority, if it provides support
services, within ten days of the termination date.
(e) If the public authority provides support enforcement
services and a plan administrator reports to the public
authority that there is more than one coverage option available
under the health plan, the public authority, in consultation
with the parent with whom the joint child resides, must promptly
select coverage from the available options.
Subd. 12. [SPOUSAL OR FORMER SPOUSAL COVERAGE.] The court
must require the parent with whom the joint child does not
reside to provide dependent health care coverage for the benefit
of the parent with whom the joint child resides if the parent is
ordered to provide dependent health care coverage for the
parties' joint child and adding the other parent to the coverage
results in no additional premium cost.
Subd. 13. [DISCLOSURE OF INFORMATION.] (a) If the public
authority provides support enforcement services, the parties
must provide the public authority with the following information:
(1) information relating to dependent health care coverage
or public coverage available for the benefit of the joint child
for whom support is sought, including all information required
to be included in a medical support order under this section;
(2) verification that application for court-ordered health
care coverage was made within 30 days of the court's order; and
(3) the reason that a joint child is not enrolled in
court-ordered health care coverage, if a joint child is not
enrolled in coverage or subsequently loses coverage.
(b) Upon request from the public authority under section
256.978, an employer, union, or plan administrator, including an
employer subject to the federal Employee Retirement Income
Security Act of 1974 (ERISA), United States Code, title 29,
section 1169(a), must provide the public authority the following
information:
(1) information relating to dependent health care coverage
available to a party for the benefit of the joint child for whom
support is sought, including all information required to be
included in a medical support order under this section; and
(2) information that will enable the public authority to
determine whether a health plan is appropriate for a joint
child, including, but not limited to, all available plan
options, any geographic service restrictions, and the location
of service providers.
(c) The employer, union, or plan administrator must not
release information regarding one party to the other party. The
employer, union, or plan administrator must provide both parties
with insurance identification cards and all necessary written
information to enable the parties to utilize the insurance
benefits for the covered dependent.
(d) The public authority is authorized to release to a
party's employer, union, or health plan information necessary to
verify availability of dependent health care coverage, or to
establish, modify, or enforce medical support.
(e) An employee must disclose to an employer if medical
support is required to be withheld under this section and the
employer must begin withholding according to the terms of the
order and under section 518.6111. If an employee discloses an
obligation to obtain health care coverage and coverage is
available through the employer, the employer must make all
application processes known to the individual and enroll the
employee and dependent in the plan.
Subd. 14. [CHILD SUPPORT ENFORCEMENT SERVICES.] The public
authority must take necessary steps to establish and enforce an
order for medical support if the joint child receives public
assistance or a party completes an application for services from
the public authority under section 518.551, subdivision 7.
Subd. 15. [ENFORCEMENT.] (a) Remedies available for
collecting and enforcing child support apply to medical support.
(b) For the purpose of enforcement, the following are
additional support:
(1) the costs of individual or group health or
hospitalization coverage;
(2) dental coverage;
(3) medical costs ordered by the court to be paid by either
party, including health and dental insurance premiums paid by
the obligee because of the obligor's failure to obtain coverage
as ordered; and
(4) liabilities established under this subdivision.
(c) A party who fails to carry court-ordered dependent
health care coverage is liable for the joint child's uninsured
medical expenses unless a court order provides otherwise. A
party's failure to carry court-ordered coverage, or to provide
other medical support as ordered, is a basis for modification of
a support order under section 518.64, subdivision 2.
(d) Payments by the health carrier or employer for services
rendered to the dependents that are directed to a party not owed
reimbursement must be endorsed over to and forwarded to the
vendor or appropriate party or the public authority. A party
retaining insurance reimbursement not owed to the party is
liable for the amount of the reimbursement.
Subd. 16. [INCOME WITHHOLDING; OFFSET.] (a) If a party
owes no joint child support obligation for a child and is an
obligor ordered to contribute to the other party's cost for
carrying health care coverage for the joint child, the obligor
is subject to an offset under subdivision 5 or income
withholding under section 518.6111.
(b) If a party's court-ordered health care coverage for the
joint child terminates and the joint child is not enrolled in
other health care coverage or public coverage, and a
modification motion is not pending, the public authority may
remove the offset to a party's child support obligation or
terminate income withholding instituted against a party under
section 518.6111. The public authority must provide notice to
the parties of the action.
(c) A party may contest the public authority's action to
remove the offset to the child support obligation or terminate
income withholding if the party makes a written request for a
hearing within 30 days after receiving written notice. If a
party makes a timely request for a hearing, the public authority
must schedule a hearing and send written notice of the hearing
to the parties by mail to the parties' last known addresses at
least 14 days before the hearing. The hearing must be conducted
in district court or in the expedited child support process if
section 484.702 applies. The district court or child support
magistrate must determine whether removing the offset or
terminating income withholding is appropriate and, if
appropriate, the effective date for the removal or termination.
(d) If the party does not request a hearing, the district
court or child support magistrate must order the offset or
income withholding termination effective the first day of the
month following termination of the joint child's health care
coverage.
Subd. 17. [COLLECTING UNREIMBURSED AND UNINSURED MEDICAL
EXPENSES.] (a) A party must initiate a request for reimbursement
of unreimbursed and uninsured medical expenses within two years
of the date that the party incurred the unreimbursed or
uninsured medical expenses. The time period in this paragraph
does not apply if the location of the other party is unknown.
(b) A party seeking reimbursement of unreimbursed and
uninsured medical expenses must mail a written notice of intent
to collect the expenses and a copy of an affidavit of health
care expenses to the other party at the other party's last known
address.
(c) The written notice must include a statement that the
party has 30 days from the date the notice was mailed to (1) pay
in full; (2) enter a payment agreement; or (3) file a motion
requesting a hearing contesting the matter. If the public
authority provides support enforcement services, the written
notice also must include a statement that the requesting party
must submit the amount due to the public authority for
collection.
(d) The affidavit of health care expenses must itemize and
document the joint child's unreimbursed or uninsured medical
expenses and include copies of all bills, receipts, and
insurance company explanations of benefits.
(e) If the public authority provides support enforcement
services, the party seeking reimbursement must send to the
public authority a copy of the written notice, the original
affidavit, and copies of all bills, receipts, and insurance
company explanations of benefits.
(f) If the party does not respond to the request for
reimbursement within 30 days, the party seeking reimbursement or
public authority, if the public authority provides support
enforcement services, must commence an enforcement action
against the party under subdivision 18.
(g) The public authority must serve the other party with a
notice of intent to enforce unreimbursed and uninsured medical
expenses and file an affidavit of service by mail with the
district court administrator. The notice must state that,
unless the party (1) pays in full; (2) enters into a payment
agreement; or (3) files a motion contesting the matter within 14
days of service of the notice, the public authority will
commence enforcement of the expenses as medical support arrears
under subdivision 18.
(h) If the party files a timely motion for a hearing
contesting the requested reimbursement, the contesting party
must schedule a hearing in district court or in the expedited
child support process if section 484.702 applies. The
contesting party must provide the party seeking reimbursement
and the public authority, if the public authority provides
support enforcement services, with written notice of the hearing
at least 14 days before the hearing by mailing notice of the
hearing to the public authority and the party at the party's
last known address. The party seeking reimbursement must file
the original affidavit of health care expenses with the court at
least five days before the hearing. Based upon the evidence
presented, the district court or child support magistrate must
determine liability for the expenses and order that the liable
party is subject to enforcement of the expenses as medical
support arrears under subdivision 18.
Subd. 18. [ENFORCING AN ORDER FOR MEDICAL SUPPORT
ARREARS.] (a) If a party liable for unreimbursed and uninsured
medical expenses owes a child support obligation to the party
seeking reimbursement of the expenses, the expenses must be
collected as medical support arrears.
(b) If a party liable for unreimbursed and uninsured
medical expenses does not owe a child support obligation to the
party seeking reimbursement, and the party seeking reimbursement
owes the liable party basic support arrears, the liable party's
medical support arrears must be deducted from the amount of the
basic support arrears.
(c) If a liable party owes medical support arrears after
deducting the amount owed from the amount of the child support
arrears owed by the party seeking reimbursement, it must be
collected as follows:
(1) if the party seeking reimbursement owes a child support
obligation to the liable party, the child support obligation
must be reduced by 20 percent until the medical support arrears
are satisfied;
(2) if the party seeking reimbursement does not owe a child
support obligation to the liable party, the liable party's
income must be subject to income withholding under section
518.6111 for an amount required under section 518.553 until the
medical support arrears are satisfied; or
(3) if the party seeking reimbursement does not owe a child
support obligation, and income withholding under section
518.6111 is not available, payment of the medical support
arrears must be required under a payment agreement under section
518.553.
(d) If a liable party fails to enter into or comply with a
payment agreement, the party seeking reimbursement or the public
authority, if it provides support enforcement services, may
schedule a hearing to have a court order payment. The party
seeking reimbursement or the public authority must provide the
liable party with written notice of the hearing at least 14 days
before the hearing.
Sec. 23. [518.72] [CHILD CARE SUPPORT.]
Subdivision 1. [CHILD CARE COSTS.] Unless otherwise agreed
to by the parties and approved by the court, the court must
order that work-related or education-related child care costs of
joint children be divided between the obligor and obligee based
on their proportionate share of the parties' combined monthly
parental income for determining child support. Child care costs
shall be adjusted by the amount of the estimated federal and
state child care credit payable on behalf of a joint child. The
Department of Human Services shall develop tables to calculate
the applicable credit based upon the custodial parent's parental
income for determining child support.
Subd. 2. [LOW-INCOME OBLIGOR.] (a) If the obligor's
parental income for determining child support meets the income
eligibility requirements for child care assistance under the
basic sliding fee program under chapter 119B, the court must
order the obligor to pay the lesser of the following amounts:
(1) the amount of the obligor's monthly co-payment for
child care assistance under the basic sliding fee schedule
established by the commissioner of education under chapter 119B,
based on an obligor's monthly parental income for determining
child support and the size of the obligor's household provided
that the obligee is actually receiving child care assistance
under the basic sliding fee program. For purposes of this
subdivision, the obligor's household includes the obligor and
the number of joint children for whom child support is being
ordered; or
(2) the amount of the obligor's child care obligation under
subdivision 1.
(b) The commissioner of human services must publish a table
with the child care assistance basic sliding fee amounts and
update the table for changes to the basic sliding fee schedule
by July 1 of each year.
Subd. 3. [DETERMINING COSTS.] (a) The court must require
verification of employment or school attendance and
documentation of child care expenses from the obligee and the
public authority, if applicable.
(b) If child care expenses fluctuate during the year
because of the obligee's seasonal employment or school
attendance or extended periods of parenting time with the
obligor, the court must determine child care expenses based on
an average monthly cost.
(c) The amount allocated for child care expenses is
considered child support but is not subject to a cost-of-living
adjustment under section 518.641.
(d) The court may allow the parent with whom the joint
child does not reside to care for the joint child while the
parent with whom the joint child resides is working or attending
school, as provided in section 518.175, subdivision 8. Allowing
the parent with whom the joint child does not reside to care for
the joint child under section 518.175, subdivision 8, is not a
reason to deviate from the guidelines.
Subd. 4. [CHANGE IN CHILD CARE.] (a) When a court order
provides for child care expenses and the public authority
provides child support enforcement services, the public
authority must suspend collecting the amount allocated for child
care expenses when:
(1) either party informs the public authority that no child
care costs are being incurred; and
(2) the public authority verifies the accuracy of the
information with the other party.
The public authority will resume collecting child care expenses
when either party provides information that child care costs
have resumed.
(b) If the parties provide conflicting information to the
public authority regarding whether child care expenses are being
incurred, the public authority will continue or resume
collecting child care expenses. Either party, by motion to the
court, may challenge the suspension or resumption of the
collection of child care expenses. If the public authority
suspends collection activities for the amount allocated for
child care expenses, all other provisions of the court order
remain in effect.
(c) In cases where there is a substantial increase or
decrease in child care expenses, the parties may modify the
order under section 518.64.
Sec. 24. [518.722] [PARENTING EXPENSE ADJUSTMENT.]
(a) This section shall apply when the amount of parenting
time granted to an obligor is ten percent or greater. Every
child support order shall specify the total percent of parenting
time granted to each parent.
(b) The obligor shall be entitled to a parenting expense
adjustment calculated as follows:
(1) find the adjustment percentage corresponding to the
percentage of parenting time allowed to the obligor below:
Percentage Range of Adjustment
Parenting Time Percentage
(i) less than 10 percent no adjustment
(ii) 10 percent to 45 percent 12 percent
(iii) 45.1 percent to 50 percent presume parenting
time is equal
(2) multiply the adjustment percentage by the obligor's
basic child support obligation to arrive at the parenting
expense adjustment.
(c) Subtract the parenting expense adjustment from the
obligor's basic child support obligation. The result is the
obligor's obligation after parenting expense adjustment.
(d) If the parenting time is equal, the expenses for the
children are equally shared, and the parental incomes for
determining child support of the parents also are equal, no
support shall be paid.
(e) If the parenting time is equal but the parents'
parental incomes for determining child support are not equal,
the parent having the greater parental income for determining
child support shall be obligated for basic child support,
calculated as follows:
(1) multiply the combined basic support by 1.5;
(2) prorate the basic child support obligation between the
parents, subtract the lower amount from the higher amount and
divide the balance in half; and
(3) the resulting figure is the obligation after parenting
expense adjustment for the parent with the greater adjusted
gross income.
(f) This parenting expense adjustment reflects the
presumption that while exercising parenting time, a parent is
responsible for and incurs costs of caring for the child,
including, but not limited to, food, transportation, recreation,
and household expenses.
(g) In the absence of other evidence, there is a rebuttable
presumption that each parent has 25 percent of the parenting
time for each joint child.
Sec. 25. [518.724] [ABILITY TO PAY; SELF-SUPPORT
ADJUSTMENT.]
It is a rebuttable presumption that a child support order
should not exceed the obligor's ability to pay. To determine
the amount of child support the obligor has the ability to pay,
follow the procedure set out in this section:
(1) calculate the obligor's income available for support by
subtracting a monthly self-support reserve equal to 120 percent
of the federal poverty guidelines for one person from the
obligor's gross income;
(2) compare the obligor's income available for support from
clause (1) to the amount of support calculated as per section
518.713, clauses (1) to (15). The amount of child support that
is presumed to be correct, as defined in section 518.713, is the
lesser of these two amounts;
(3) this section does not apply to an incarcerated obligor;
(4) if the obligor's child support is reduced under clause
(2), then the court must apply the reduction to the child
support obligation in the following order:
(i) medical support obligation;
(ii) child support care obligation; and
(iii) basic support obligation; and
(5) [MINIMUM BASIC SUPPORT AMOUNT.] if the obligor's income
available for support is less than the self-support reserve,
then the court must order minimum support as follows:
(i) for one or two children, the obligor's basic support
obligation is $50 per month;
(ii) for three or four children, the obligor's basic
support obligation is $75 per month; and
(iii) for five or more children, the obligor's basic
support obligation is $100 per month.
If the court orders the obligor to pay the minimum basic support
amount under this paragraph, the obligor is presumed unable to
pay child care support and medical support.
If the court finds the obligor receives no income and completely
lacks the ability to earn income, the minimum basic support
amount under this paragraph does not apply.
Sec. 26. [518.725] [GUIDELINE USED IN CHILD SUPPORT
DETERMINATIONS.]
Subdivision 1. [DETERMINATION OF SUPPORT OBLIGATION.] (a)
The guideline in this section is a rebuttable presumption and
shall be used in any judicial or administrative proceeding to
establish or modify a support obligation under chapter 518.
(b) The basic child support obligation shall be determined
by referencing the guideline for the appropriate number of joint
children and the combined parental income for determining child
support of the parents.
(c) If a child is not in the custody of either parent and a
support order is sought against one or both parents, the basic
child support obligation shall be determined by referencing the
guideline for the appropriate number of joint children, and the
parent's individual parental income for determining child
support, not the combined parental incomes for determining child
support of the parents.
(d) For combined parental incomes for determining child
support exceeding $15,000 per month, the presumed basic child
support obligations shall be as for parents with combined
parental income for determining child support of $15,000 per
month. A basic child support obligation in excess of this level
may be demonstrated for those reasons set forth in section
518.714.
Subd. 2. [BASIC SUPPORT; GUIDELINE.] Unless otherwise
agreed to by the parents and approved by the court, when
establishing basic support, the court must order that basic
support be divided between the parents based on their
proportionate share of the parents' combined monthly parental
income for determining child support, as determined under
section 518.712, subdivision 8. Basic support must be computed
using the following guideline:
Combined Parental Number of Children
Income for
Determining
Child Support One Two Three Four Five Six
$0- $799 $50 $50 $75 $75 $100 $100
800- 899 80 129 149 173 201 233
900- 999 90 145 167 194 226 262
1,000- 1,099 116 161 186 216 251 291
1,100- 1,199 145 205 237 275 320 370
1,200- 1,299 177 254 294 341 396 459
1,300- 1,399 212 309 356 414 480 557
1,400- 1,499 251 368 425 493 573 664
1,500- 1,599 292 433 500 580 673 780
1,600- 1,699 337 502 580 673 781 905
1,700- 1,799 385 577 666 773 897 1,040
1,800- 1,899 436 657 758 880 1,021 1,183
1,900- 1,999 490 742 856 994 1,152 1,336
2,000- 2,099 516 832 960 1,114 1,292 1,498
2,100- 2,199 528 851 981 1,139 1,320 1,531
2,200- 2,299 538 867 1,000 1,160 1,346 1,561
2,300- 2,399 546 881 1,016 1,179 1,367 1,586
2,400- 2,499 554 893 1,029 1,195 1,385 1,608
2,500- 2,599 560 903 1,040 1,208 1,400 1,625
2,600- 2,699 570 920 1,060 1,230 1,426 1,655
2,700- 2,799 580 936 1,078 1,251 1,450 1,683
2,800- 2,899 589 950 1,094 1,270 1,472 1,707
2,900- 2,999 596 963 1,109 1,287 1,492 1,730
3,000- 3,099 603 975 1,122 1,302 1,509 1,749
3,100- 3,199 613 991 1,141 1,324 1,535 1,779
3,200- 3,299 623 1,007 1,158 1,344 1,558 1,807
3,300- 3,399 632 1,021 1,175 1,363 1,581 1,833
3,400- 3,499 640 1,034 1,190 1,380 1,601 1,857
3,500- 3,599 648 1,047 1,204 1,397 1,621 1,880
3,600- 3,699 657 1,062 1,223 1,418 1,646 1,909
3,700- 3,799 667 1,077 1,240 1,439 1,670 1,937
3,800- 3,899 676 1,018 1,257 1,459 1,693 1,963
3,900- 3,999 684 1,104 1,273 1,478 1,715 1,988
4,000- 4,099 692 1,116 1,288 1,496 1,736 2,012
4,100- 4,199 701 1,132 1,305 1,516 1,759 2,039
4,200- 4,299 710 1,147 1,322 1,536 1,781 2,064
4,300- 4,399 718 1,161 1,338 1,554 1,802 2,088
4,400- 4,499 726 1,175 1,353 1,572 1,822 2,111
4,500- 4,599 734 1,184 1,368 1,589 1,841 2,133
4,600- 4,699 743 1,200 1,386 1,608 1,864 2,160
4,700- 4,799 753 1,215 1,402 1,627 1,887 2,186
4,800- 4,899 762 1,231 1,419 1,645 1,908 2,212
4,900- 4,999 771 1,246 1,435 1,663 1,930 2,236
5,000- 5,099 780 1,260 1,450 1,680 1,950 2,260
5,100- 5,199 788 1,275 1,468 1,701 1,975 2,289
5,200- 5,299 797 1,290 1,485 1,722 1,999 2,317
5,300- 5,399 805 1,304 1,502 1,743 2,022 2,345
5,400- 5,499 812 1,318 1,518 1,763 2,046 2,372
5,500- 5,599 820 1,331 1,535 1,782 2,068 2,398
5,600- 5,699 829 1,346 1,551 1,801 2,090 2,424
5,700- 5,799 838 1,357 1,568 1,819 2,111 2,449
5,800- 5,899 847 1,376 1,583 1,837 2,132 2,473
5,900- 5,999 856 1,390 1,599 1,855 2,152 2,497
6,000- 6,099 864 1,404 1,614 1,872 2,172 2,520
6,100- 6,199 874 1,419 1,631 1,892 2,195 2,546
6,200- 6,299 883 1,433 1,645 1,912 2,217 2,572
6,300- 6,399 892 1,448 1,664 1,932 2,239 2,597
6,400- 6,499 901 1,462 1,682 1,951 2,260 2,621
6,500- 6,599 910 1,476 1,697 1,970 2,282 2,646
6,600- 6,699 919 1,490 1,713 1,989 2,305 2,673
6,700- 6,799 927 1,505 1,730 2,009 2,328 2,700
6,800- 6,899 936 1,519 1,746 2,028 2,350 2,727
6,900- 6,999 944 1,533 1,762 2,047 2,379 2,753
7,000- 7,099 952 1,547 1,778 2,065 2,394 2,779
7,100- 7,199 961 1,561 1,795 2,085 2,417 2,805
7,200- 7,299 971 1,574 1,812 2,104 2,439 2,830
7,300- 7,399 980 1,587 1,828 2,123 2,462 2,854
7,400- 7,499 989 1,600 1,844 2,142 2,483 2,879
7,500- 7,599 998 1,613 1,860 2,160 2,505 2,903
7,600- 7,699 1,006 1,628 1,877 2,180 2,528 2,929
7,700- 7,799 1,015 1,643 1,894 2,199 2,550 2,955
7,800- 7,899 1,023 1,658 1,911 2,218 2,572 2,981
7,900- 7,999 1,032 1,673 1,928 2,237 2,594 3,007
8,000- 8,099 1,040 1,688 1,944 2,256 2,616 3,032
8,100- 8,199 1,048 1,703 1,960 2,274 2,637 3,057
8,200- 8,299 1,056 1,717 1,976 2,293 2,658 3,082
8,300- 8,399 1,064 1,731 1,992 2,311 2,679 3,106
8,400- 8,499 1,072 1,746 2,008 2,328 2,700 3,130
8,500- 8,599 1,080 1,760 2,023 2,346 2,720 3,154
8,600- 8,699 1,092 1,780 2,047 2,374 2,752 3,191
8,700- 8,799 1,105 1,801 2,071 2,401 2,784 3,228
8,800- 8,899 1,118 1,822 2,094 2,429 2,816 3,265
8,900- 8,999 1,130 1,842 2,118 2,456 2,848 3,302
9,000- 9,099 1,143 1,863 2,142 2,484 2,880 3,339
9,100- 9,199 1,156 1,884 2,166 2,512 2,912 3,376
9,200- 9,299 1,168 1,904 2,190 2,539 2,944 3,413
9,300- 9,399 1,181 1,925 2,213 2,567 2,976 3,450
9,400- 9,499 1,194 1,946 2,237 2,594 3,008 3,487
9,500- 9,599 1,207 1,967 2,261 2,622 3,040 3,525
9,600- 9,699 1,219 1,987 2,285 2,650 3,072 3,562
9,700- 9,799 1,232 2,008 2,309 2,677 3,104 3,599
9,800- 9,899 1,245 2,029 2,332 2,705 3,136 3,636
9,900- 9,999 1,257 2,049 2,356 2,732 3,168 3,673
10,000-10,099 1,270 2,070 2,380 2,760 3,200 3,710
10,100-10,199 1,283 2,091 2,404 2,788 3,232 3,747
10,200-10,299 1,295 2,111 2,428 2,815 3,264 3,784
10,300-10,399 1,308 2,132 2,451 2,843 3,296 3,821
10,400-10,499 1,321 2,153 2,475 2,870 3,328 3,858
10,500-10,599 1,334 2,174 2,499 2,898 3,360 3,896
10,600-10,699 1,346 2,194 2,523 2,926 3,392 3,933
10,700-10,799 1,359 2,215 2,547 2,953 3,424 3,970
10,800-10,899 1,372 2,236 2,570 2,981 3,456 4,007
10,900-10,999 1,384 2,256 2,594 3,008 3,488 4,044
11,000-11,099 1,397 2,277 2,618 3,036 3,520 4,081
11,100-11,199 1,410 2,298 2,642 3,064 3,552 4,118
11,200-11,299 1,422 2,318 2,666 3,091 3,584 4,155
11,300-11,399 1,435 2,339 2,689 3,119 3,616 4,192
11,400-11,499 1,448 2,360 2,713 3,146 3,648 4,229
11,500-11,599 1,461 2,381 2,737 3,174 3,680 4,267
11,600-11,699 1,473 2,401 2,761 3,202 3,712 4,304
11,700-11,799 1,486 2,422 2,785 3,229 3,744 4,341
11,800-11,899 1,499 2,443 2,808 3,257 3,776 4,378
11,900-11,999 1,511 2,463 2,832 3,284 3,808 4,415
12,000-12,099 1,524 2,484 2,856 3,312 3,840 4,452
12,100-12,199 1,537 2,505 2,880 3,340 3,872 4,489
12,200-12,299 1,549 2,525 2,904 3,367 3,904 4,526
12,300-12,399 1,562 2,546 2,927 3,395 3,936 4,563
12,400-12,499 1,575 2,567 2,951 3,422 3,968 4,600
12,500-12,599 1,588 2,588 2,975 3,450 4,000 4,638
12,600-12,699 1,600 2,608 2,999 3,478 4,032 4,675
12,700-12,799 1,613 2,629 3,023 3,505 4,064 4,712
12,800-12,899 1,626 2,650 3,046 3,533 4,096 4,749
12,900-12,999 1,638 2,670 3,070 3,560 4,128 4,786
13,000-13,099 1,651 2,691 3,094 3,588 4,160 4,823
13,100-13,199 1,664 2,712 3,118 3,616 4,192 4,860
13,200-13,299 1,676 2,732 3,142 3,643 4,224 4,897
13,300-13,399 1,689 2,753 3,165 3,671 4,256 4,934
13,400-13,499 1,702 2,774 3,189 3,698 4,288 4,971
13,500-13,599 1,715 2,795 3,213 3,726 4,320 5,009
13,600-13,699 1,727 2,815 3,237 3,754 4,352 5,046
13,700-13,799 1,740 2,836 3,261 3,781 4,384 5,083
13,800-13,899 1,753 2,857 3,284 3,809 4,416 5,120
13,900-13,999 1,765 2,877 3,308 3,836 4,448 5,157
14,000-14,009 1,778 2,898 3,332 3,864 4,480 5,194
14,100-14,199 1,791 2,919 3,356 3,892 4,512 5,231
14,200-14,299 1,803 2,939 3,380 3,919 4,544 5,268
14,300-14,399 1,816 2,960 3,403 3,947 4,576 5,305
14,400-14,499 1,829 2,981 3,427 3,974 4,608 5,342
14,500-14,599 1,842 3,002 3,451 4,002 4,640 5,380
14,600-14,699 1,854 3,022 3,475 4,030 4,672 5,417
14,700-14,799 1,867 3,043 3,499 4,057 4,704 5,454
14,800-14,899 1,880 3,064 3,522 4,085 4,736 5,491
14,900-14,999 1,892 3,084 3,546 4,112 4,768 5,528
15,000, or 1,905 3,105 3,570 4,140 4,800 5,565
the amount
in effect
under subd. 4
Subd. 3. [INCOME CAP ON DETERMINING BASIC SUPPORT.] (a)
The basic support obligation for parents with a combined
parental income for determining child support in excess of the
income limit currently in effect under subdivision 2 must be the
same dollar amount as provided for the parties with a combined
parental income for determining child support equal to the
income in effect under subdivision 2.
(b) A court may order a basic support obligation in a child
support order in an amount that exceeds the income limit in
subdivision 2 if it finds that a child has a disability or other
substantial, demonstrated need for the additional support for
those reasons set forth in section 518.714 and that the
additional support will directly benefit the child.
(c) The dollar amount for the cap in subdivision 2 must be
adjusted on July 1 of every even-numbered year to reflect
cost-of-living changes. The Supreme Court must select the index
for the adjustment from the indices listed in section 518.641,
subdivision 1. The state court administrator must make the
changes in the dollar amounts required by this paragraph
available to courts and the public on or before April 30 of the
year in which the amount is to change.
Subd. 4. [MORE THAN SIX CHILDREN.] If a child support
proceeding involves more than six children, the court may derive
a support order without specifically following the guidelines.
However, the court must consider the basic principles
encompassed by the guidelines and must consider both parents'
needs, resources, and circumstances.
Sec. 27. [518.729] [WORKSHEET.]
The commissioner of human services must create and publish
a worksheet to assist in calculating child support under
sections 518.54 to 518.729. The worksheet must not impose
substantive requirements other than requirements contained in
sections 518.54 to 518.729. The commissioner must update the
worksheet by July 1 of each year. The commissioner must make an
interactive version of the worksheet available on the Department
of Human Services Web site.
Sec. 28. [STUDY OF ECONOMIC IMPACT OF CHILD SUPPORT
GUIDELINES.]
The commissioner of human services shall contract with a
private provider to conduct an economic analysis of the child
support guidelines contained in this act to evaluate whether the
guidelines fairly represent the cost of raising children for the
respective parental income levels, excluding medical support,
child care, and education costs.
The results of the study shall be completed by no later
than January 30, 2006. The private provider must have
experience in evaluating or establishing child support
guidelines, using the income shares approach, in other states.
Sec. 29. [INSTRUCTION TO THE REVISOR.]
The revisor of statutes shall create in the first edition
of or supplement to Minnesota Statutes published after June 30,
2005, a new chapter which shall be comprised of the provisions
of Minnesota Statutes, chapter 518, that relate to the provision
of support for children. The transferred provisions shall be
arranged as follows:
(1) definitions;
(2) computations of basic support and the related
calculations, adjustments, and guidelines that may affect the
computations;
(3) child care support;
(4) medical support;
(5) ability to pay and self-support reserves;
(6) deviation factors; and
(7) collection, administrative, and other matters.
The new chapter shall be edited by the revisor in
accordance with usual editorial practices as provided by
Minnesota Statutes, section 3C.10. If the revisor determines
that additional changes are necessary to assure the clarity and
utility of the new chapter, the revisor shall draft and propose
appropriate legislation to the legislature.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 30. [APPROPRIATIONS.]
$860,000 is appropriated in fiscal year 2006 from the
general fund to the commissioner of human services to fund
implementation of this act. $450,000 is appropriated in fiscal
year 2007 from the general fund to the commissioner of human
services to reimburse counties for their implementation costs.
The commissioner of human services shall distribute funds to the
counties for their costs of implementation based upon their
total county IV-D caseload. The appropriation base in fiscal
year 2008 for grants to counties shall be $450,000.
$440,000 is appropriated in fiscal year 2007 from the
general fund to the Supreme Court to fund implementation of this
act. This is a onetime appropriation.
Sec. 31. [REPEALER.]
Minnesota Statutes 2004, sections 518.171; 518.54,
subdivisions 2, 4, and 4a; and 518.551, subdivisions 1, 5a, 5c,
and 5f, are repealed.
Sec. 32. [EFFECTIVE DATE.]
Except as otherwise provided, this act is effective January
1, 2007, and applies to orders adopted or modified after that
date. Sections 1 to 3 of this act are effective July 1, 2005.
Presented to the governor May 31, 2005
Signed by the governor June 3, 2005, 10:30 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes