1.1 	A bill for an act
1.2 	relating to family law; changing certain child support and maintenance 
1.3 	provisions;amending Minnesota Statutes 2004, section 518.551, subdivision 6, 
1.4 	by adding a subdivision;  Laws 2005, chapter 164, sections 4; 5, subdivisions 4a, 
1.5 	8, 15, 18; 8; 10; 14; 15; 16; 18; 20; 21; 22, subdivisions 2, 4, 16, 17, 18; 24; 
1.6 	25; 31; 32; repealing Minnesota Statutes 2004, section 518.54, subdivision 2; 
1.7 	Minnesota Statutes 2005 Supplement, section 518.54, subdivision 4a; Laws 
1.8 	2005, chapter 164, section 12.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. Minnesota Statutes 2004, section 518.551, is amended by adding a 
1.11 	subdivision to read:
1.12 		Subd. 1a.Scope; payment to public agency. (a) This section applies to all 
1.13 	proceedings involving a support order, including, but not limited to, a support order 
1.14 	establishing an order for past support or reimbursement of public assistance.
1.15 	(b) The court shall direct that all payments ordered for maintenance or support 
1.16 	be made to the public agency responsible for child support enforcement so long as 
1.17 	the obligee is receiving or has applied for public assistance, or has applied for child 
1.18 	support or maintenance collection services. Public authorities responsible for child 
1.19 	support enforcement may act on behalf of other public authorities responsible for child 
1.20 	support enforcement, including the authority to represent the legal interests of or execute 
1.21 	documents on behalf of the other public authority in connection with the establishment, 
1.22 	enforcement, and collection of child support, maintenance, or medical support, and 
1.23 	collection on judgments.
1.24 	(c) Payments made to the public authority other than payments under section 
1.25 	518.6111 must be credited as of the date the payment is received by the central collections 
1.26 	unit.
2.1 	(d) Amounts received by the public agency responsible for child support enforcement 
2.2 	greater than the amount granted to the obligee must be remitted to the obligee.

2.3 	Sec. 2. Minnesota Statutes 2004, section 518.551, subdivision 6, is amended to read:
2.4 		Subd. 6.Failure of notice. If the court in a dissolution, legal separation or 
2.5 	determination of parentage proceeding, finds before issuing the order for judgment and 
2.6 	decree, that notification has not been given to the public authority, the court shall set child 
2.7 	support according to the guidelines in subdivision 5 as provided in section 518.725. In 
2.8 	those proceedings in which no notification has been made pursuant to this section and in 
2.9 	which the public authority determines that the judgment is lower than the child support 
2.10 	required by the guidelines in subdivision 5, it shall move the court for a redetermination of 
2.11 	the support payments ordered so that the support payments comply with the guidelines.

2.12 	Sec. 3. Laws 2005, chapter 164, section 4, is amended to read:
2.13 	Sec. 4.  [518.1781] SIX-MONTH REVIEW.
2.14 	
2.15 	(a) A request for a six-month review hearing form must be  attached to a decree 
2.16 	of dissolution or legal separation or an  order that initially establishes child custody, 
2.17 	parenting time,  or support rights and obligations of parents.  The state court  administrator 
2.18 	is requested to prepare the request for review  hearing form.  The form must include 
2.19 	information regarding the  procedures for requesting a hearing, the purpose of the hearing,  
2.20 	and any other information regarding a hearing under this section  that the state court 
2.21 	administrator deems necessary.  
2.22 	
2.23 	(b) The six-month review hearing shall be held if any party  submits a written request 
2.24 	for a hearing within six months after  entry of a decree of dissolution or legal separation or 
2.25 	order  that establishes child custody, parenting time, or support.  
2.26 	
2.27 	(c) Upon receipt of a completed request for hearing form,  the court administrator 
2.28 	shall provide notice of the hearing to  all other parties and the public authority.  The court  
2.29 	administrator shall schedule the six-month review hearing as  soon as practicable following 
2.30 	the receipt of the hearing request  form.  
2.31 	
2.32 	(d) At the six-month hearing, the court must review:  
2.33 	
2.34 	(1) whether child support is current; and  
3.1 	
3.2 	(2) whether both parties are complying with the parenting  time provisions of the 
3.3 	order.  
3.4 	
3.5 	(e) At the six-month hearing, the obligor has the burden to  present evidence to 
3.6 	establish that child support payments are  current.  A party may request that the public 
3.7 	authority provide  information to the parties and court regarding child support  payments.  A 
3.8 	party must request the information from the public  authority at least 14 days before the 
3.9 	hearing.  The commissioner  of human services must develop a form to be used by the 
3.10 	public  authority to submit child support payment information to the  parties and court.  
3.11 	
3.12 	(f) Contempt of court and all statutory remedies for child  support and parenting time 
3.13 	enforcement may be imposed by the  court at the six-month hearing for noncompliance by 
3.14 	either party  pursuant to chapters 517C and 588 and the Minnesota Court Rules.  
3.15 	
3.16 	(g) A request for a six-month review hearing form must be  attached to a decree or 
3.17 	order signed on or after January 1, 2007, that initially establishes child  support rights and 
3.18 	obligations according to section 517A.29.  

3.19 	Sec. 4. Laws 2005, chapter 164, section 5, subdivision 4a, is amended to read:
3.20 	
3.21 	Subd. 4a.  Support order.(a) "Support order" means a  judgment, decree, or order, 
3.22 	whether temporary, final, or subject  to modification, issued by a court or administrative 
3.23 	agency of  competent jurisdiction,:
3.24 	(1) for the support and maintenance of a  child, including a child who has attained 
3.25 	the age of majority  under the law of the issuing state, or;
3.26 	(2) for a child and the parent  with whom the child is living, that provides for 
3.27 	monetary  support, child care, medical support including expenses for  confinement and 
3.28 	pregnancy, arrearages, or reimbursement, and  that; or
3.29 	(3) for the maintenance of a spouse or former spouse.
3.30 	(b) The support order may include related costs and fees, interest and penalties,  
3.31 	income withholding, and other relief.  This definition applies  to orders issued under this 
3.32 	chapter and chapters 256, 257, and  518C.  
3.33 	

3.34 	Sec. 5. Laws 2005, chapter 164, section 5, subdivision 8, is amended to read:
4.1 	
4.2 	Subd. 8. Obligor. "Obligor" means a person obligated to  pay maintenance or 
4.3 	support.  A person who is designated as the  sole physical custodian of a child is presumed 
4.4 	not to be an  obligor for purposes of calculating current support under  section 518.551
4.5 	518.713 unless the court makes specific written findings  to overcome this presumption.  
4.6 	For purposes of ordering medical  support under section 518.719, a custodial parent may 
4.7 	be an  obligor subject to a cost-of-living adjustment under section  518.641 and a payment 
4.8 	agreement under section 518.553.  
4.9 	

4.10 	Sec. 6. Laws 2005, chapter 164, section 5, subdivision 15, is amended to read:
4.11 	
4.12 	Subd. 15.  Parental income for child support  (PICS). "Parental income for child 
4.13 	support," or "PICS," means the modified gross income under subdivision 18 minus 
4.14 	deductions for nonjoint children as allowed by section 518.717.
4.15 	

4.16 	Sec. 7. Laws 2005, chapter 164, section 5, subdivision 18, is amended to read:
4.17 	
4.18 	Subd. 18.  Gross income; modified gross income.(a) "Gross income" means: 
4.19 	
4.20 	(1) the gross income of the parent calculated under section 518.7123.
4.21 	(b) "Modified gross income" means:
4.22 	(1) the gross income of the parent; plus
4.23 	
4.24 	(2) for a parent to whom Social Security benefits or veterans' benefit payments
4.25 	benefits are paid, the amount of any such benefits received by or on behalf of the child 
4.26 	under pursuant to section 518.718; plus
4.27 	
4.28 	(3) the potential income of the parent, if any, as  determined in subdivision 23; minus
4.29 	
4.30 	(4) (3) spousal maintenance that any party the parent has been ordered to pay; minus
4.31 	
4.32 	(5) (4) the amount of any existing child support order for  other nonjoint children.
4.33 	

5.1 	Sec. 8. Laws 2005, chapter 164, section 8, is amended to read:
5.2 	Sec. 8.  Minnesota Statutes 2004, section 518.551,  subdivision 5b, is amended to 
5.3 	read:  
5.4 	
5.5 	
5.6 	Subd. 5b.  Providing income  information. (a)  In any case where the parties have 
5.7 	joint children for which a child support order must be determined, the parties shall serve 
5.8 	and file with their initial pleadings or motion documents, a financial affidavit, disclosing 
5.9 	all sources of gross income, as calculated under section 518.7123. The financial affidavit 
5.10 	shall include relevant supporting documentation necessary to  calculate the parental income 
5.11 	for child support under section 518.54, subdivision 15, including, but not limited to, pay 
5.12 	stubs for the most recent three months, employer statements, or  statements of receipts 
5.13 	and expenses if self-employed. Documentation of earnings and income also include 
5.14 	relevant copies of each parent's most recent federal tax returns, including W-2 forms, 
5.15 	1099 forms, unemployment benefit statements, workers' compensation statements, and 
5.16 	all other documents evidencing earnings or income as received that provide verification 
5.17 	for the financial affidavit.
5.18 	
5.19 	(b) In addition to the requirements of paragraph (a), at any time after an action 
5.20 	seeking child support has been commenced or when a child support order is in effect, a 
5.21 	party or the public authority may require the other party to give them a copy of the party's 
5.22 	most recent federal tax returns that were filed with the Internal Revenue Service. The 
5.23 	party shall  provide a copy of the tax returns within 30 days of receipt of  the request unless 
5.24 	the request is not made in good faith. A  request under this paragraph may not be made 
5.25 	more than once every two years, in the absence of good cause.
5.26 	
5.27 	(c) If a parent under the jurisdiction of the court does not serve and file the financial 
5.28 	affidavit with the parent's initial pleading, the court shall set income for that parent based 
5.29 	on credible evidence before the court or in accordance with section 518.54, subdivision 
5.30 	23. Credible evidence may include documentation of current or recent income, testimony 
5.31 	of the other parent concerning recent earnings and income levels, and the parent's wage 
5.32 	reports filed with the Minnesota Department of Employment and Economic Development 
5.33 	under section 268.044.
5.34 	

5.35 	Sec. 9. Laws 2005, chapter 164, section 10, is amended to read:
6.1 	Sec. 10.  Minnesota Statutes 2004, section 518.64,  subdivision 2, is amended to read:  
6.2 	
6.3 	
6.4 	Subd. 2.  Modification. (a) The terms of an order respecting maintenance or support 
6.5 	may be modified upon a showing of one or more of the following: (1) substantially 
6.6 	increased or decreased gross income of an obligor or obligee; (2) substantially increased or 
6.7 	decreased need of an obligor or obligee or the child or children that are  the subject of these 
6.8 	proceedings; (3) receipt of assistance under the AFDC program formerly codified under 
6.9 	sections 256.72 to 256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a change 
6.10 	in the cost of living for either party as measured by the Federal Bureau of Labor Statistics, 
6.11 	any of which makes the terms unreasonable and unfair; (5) extraordinary medical 
6.12 	expenses of  the child not provided for under section 518.171 518.719;  (6) the addition 
6.13 	of work-related or education-related child care expenses of the obligee or a substantial 
6.14 	increase or decrease in existing work-related or education-related child care expenses; or 
6.15 	(7) upon the emancipation of the child, as provided in section 518.64, subdivision 4a.
6.16 	
6.17 	(b) It is presumed that there has been a substantial change  in circumstances under 
6.18 	paragraph (a) and the terms of a current support order shall be rebuttably presumed to be 
6.19 	unreasonable and unfair if:
6.20 	
6.21 	(1) the application of the child support guidelines in section 518.551 518.725, 
6.22 	subdivision 5, to the current circumstances of the parties results in a calculated court 
6.23 	order that is at least 20 percent and at least $75 per month higher or lower than the 
6.24 	current support order, except that if the current support order is less than $75, the current 
6.25 	circumstances of the parties results in a calculated court order that is at least 20 percent 
6.26 	per month higher or lower than the current support order;
6.27 	
6.28 	(2) the medical support provisions of the order established  under section  518.719 
6.29 	are not enforceable by the public authority or the obligee; 
6.30 	
6.31 	(3) health coverage ordered under section 518.719 is not available to the child for 
6.32 	whom the order is established by the parent ordered to provide;   
6.33 	
6.34 	(4) the existing support obligation is in the form of a statement of percentage and 
6.35 	not a specific dollar amount; or 
6.36 	
7.1 	(5) the gross income of an obligor or obligee has decreased by at least 20 percent 
7.2 	through no fault or choice of the party. 
7.3 	
7.4 	(c) A child support order is not presumptively modifiable solely because an obligor 
7.5 	or obligee becomes responsible for the support of an additional nonjoint child, which is 
7.6 	born after an existing order. Section 518.717 shall be considered if other grounds are 
7.7 	alleged which allow a modification of support. 
7.8 	
7.9 	(d) On a motion for modification of maintenance, including  a motion for the 
7.10 	extension of the duration of a maintenance award, the court shall apply, in addition to all 
7.11 	other relevant factors, the factors for an award of maintenance under section 518.552 that 
7.12 	exist at the time of the motion. On a motion for modification of support, the court: 
7.13 	
7.14 	(1) shall apply section 518.725, and shall not consider the financial circumstances of 
7.15 	each party's spouse, if any; and 
7.16 	
7.17 	(2) shall not consider compensation received by a party for  employment in excess of 
7.18 	a 40-hour work week, provided that the party demonstrates, and the court finds, that: 
7.19 	
7.20 	(i) the excess employment began after entry of the existing support order; 
7.21 	
7.22 	(ii) the excess employment is voluntary and not a condition  of employment; 
7.23 	
7.24 	(iii) the excess employment is in the nature of additional, part-time employment, or 
7.25 	overtime employment compensable by the hour or fractions of an hour;  
7.26 	
7.27 	(iv) the party's compensation structure has not been changed for the purpose of 
7.28 	affecting a support or maintenance obligation; 
7.29 	
7.30 	(v) in the case of an obligor, current child support payments are at least equal to the 
7.31 	guidelines amount based on income not excluded under this clause; and 
7.32 	
7.33 	(vi) in the case of an obligor who is in arrears in child support payments to the 
7.34 	obligee, any net income from excess employment must be used to pay the arrearages 
7.35 	until the  arrearages are paid in full. 
7.36 	
8.1 	 (e) A modification of support or maintenance, including interest that accrued 
8.2 	pursuant to section 548.091, may be made retroactive only with respect to any period 
8.3 	during which the petitioning party has pending a motion for modification but only from the 
8.4 	date of service of notice of the motion on the responding party and on the public authority 
8.5 	if public  assistance is being furnished or the county attorney is the attorney of record. 
8.6 	
8.7 	 (f) Except for an award of the right of occupancy of the homestead, provided in 
8.8 	section 518.63, all divisions of real and personal property provided by section 518.58 
8.9 	shall be final, and may be revoked or modified only where the court finds the existence 
8.10 	of conditions that justify reopening a judgment under the laws of this state, including 
8.11 	motions under section 518.145,  subdivision 2.  The court may impose a lien or charge on 
8.12 	the divided property at any time while the property, or subsequently acquired property, is 
8.13 	owned by the parties or either of them, for the payment of maintenance or support money, 
8.14 	or may sequester the property as is provided by section 518.24. 
8.15 	
8.16 	 (g) The court need not hold an evidentiary hearing on a  motion for modification of 
8.17 	maintenance or support. 
8.18 	
8.19 	 (h) Section 518.14 shall govern the award of attorney fees for motions brought 
8.20 	under this subdivision. 
8.21 	
8.22 	(i) Except as expressly provided, an enactment, amendment, or repeal of law does 
8.23 	not constitute a substantial change in the circumstances for purposes of modifying a 
8.24 	child support order. 
8.25 	
8.26 	(j) (i) There may be no modification of an existing child  support order during the 
8.27 	first year following the effective date of sections 518.7123 to 518.729 except as follows: 
8.28 	
8.29 	(1) there is at least a 20 percent change in the gross income, as determined under 
8.30 	section 518.7123, of the obligor; 
8.31 	
8.32 	(2) there is a change in the number of joint children for whom the obligor is legally 
8.33 	responsible and actually supporting; 
8.34 	
8.35 	(3) the receipt of public assistance, as defined in section 256.741, by a parent or by 
8.36 	another caregiver of the child supported by the existing support order;
9.1 	(4) the addition of work-related or education-related child care expenses of the 
9.2 	obligee or a substantial increase or decrease in existing work-related or education-related 
9.3 	child care expenses;
9.4 	(5) there is a change in the availability of health care coverage, as defined in section 
9.5 	518.719, subdivision 1, paragraph (a), or a substantial increase or decrease in the cost 
9.6 	of existing health care coverage;
9.7 	(6) the child supported by the existing child support order  becomes disabled; or  
9.8 	
9.9 	(4) (7) both parents consent to modification of the existing order in compliance with 
9.10 	the new income shares guidelines.  
9.11 	(ii) A modification under clause (i)(4), may be granted only with respect to child 
9.12 	care support. A modification under clause (i)(5) may be granted only with respect to 
9.13 	medical support.
9.14 	(iii) This paragraph expires January 1, 2008.
9.15 	
9.16 	(k) On the first modification under the income shares  method of calculation, the 
9.17 	modification of basic support may be limited if the amount of the full variance would 
9.18 	create hardship for either the obligor or the obligee.  
9.19 	
9.20 	Paragraph (j) expires January 1, 2008.  
9.21 	

9.22 	Sec. 10. Laws 2005, chapter 164, section 14, is amended to read:
9.23 	Sec. 14.  [518.7123] CALCULATION OF GROSS INCOME.
9.24 	
9.25 	(a) Except as excluded below, gross income includes income from any source, 
9.26 	including, but not limited to,: salaries,; wages,; commissions,; advances,; bonuses,;
9.27 	dividends,; severance pay,;  pensions,; interest,; honoraria,; royalties; trust income,;
9.28 	annuities,; return on capital,; rent; Social Security benefits, received on the recipient's 
9.29 	own behalf; workers' compensation benefits,; unemployment insurance benefits,;
9.30 	disability insurance benefits,; gifts,; prizes, including lottery winnings,; alimony,;
9.31 	spousal maintenance payments,; and income from self-employment or operation of a 
9.32 	business, as determined under section 518.7125. All salary, wages, commissions, or 
9.33 	other compensation paid by third parties shall be based upon Medicare gross income.  No 
9.34 	deductions shall be allowed for contributions to pensions, 401-K, IRA, or other retirement 
9.35 	benefits plans.  
10.1 	
10.2 	(b) Excluded and not counted in gross income is compensation received by a party 
10.3 	for employment in excess of a  40-hour work week, provided that:  
10.4 	
10.5 	(1) child support is nonetheless ordered in an amount at least equal to the guideline 
10.6 	amount based on gross income not excluded under this clause; and  
10.7 	
10.8 	(2) the party demonstrates, and the court finds, that:  
10.9 	
10.10 	(i) the excess employment began after the filing of the petition for dissolution;  
10.11 	
10.12 	(ii) the excess employment reflects an increase in the work schedule or hours worked 
10.13 	over that of the two years immediately preceding the filing of the petition;  
10.14 	
10.15 	(iii) the excess employment is voluntary and not a condition of employment;  
10.16 	
10.17 	(iv) the excess employment is in the nature of additional, part-time or overtime 
10.18 	employment compensable by the hour or fraction of an hour; and  
10.19 	
10.20 	(v) the party's compensation structure has not been changed for the purpose of 
10.21 	affecting a support or maintenance obligation.  
10.22 	
10.23 	(c) Expense reimbursements or in-kind payments received by a parent in the course 
10.24 	of employment, self-employment, or operation of a business shall be counted as income 
10.25 	if they reduce personal living expenses.  
10.26 	
10.27 	(d) Gross income includes potential income, as determined under section 518.54, 
10.28 	subdivision 23.
10.29 	(e) Gross income may be calculated on either an annual or monthly basis. Weekly 
10.30 	income shall be translated to monthly income by multiplying the weekly income by 4.33.  
10.31 	
10.32 	(e) (f) Excluded and not counted as income is any child support payment received by 
10.33 	a party.  It is a rebuttable presumption that adoption assistance payments, guardianship 
10.34 	assistance payments, and foster care subsidies are excluded and not counted as income.  
10.35 	
11.1 	(f) (g) Excluded and not counted as income is the income of the obligor's spouse 
11.2 	and the obligee's spouse.  

11.3 	Sec. 11. Laws 2005, chapter 164, section 15, is amended to read:
11.4 	Sec. 15.  [518.7125] INCOME FROM SELF-EMPLOYMENT OR  
11.5 	OPERATION OF A BUSINESS.
11.6 	
11.7 	For purposes of section 518.7123, paragraph (a), income from self-employment, 
11.8 	rent, royalties, proprietorship or operation of a business, or including joint ownership of a 
11.9 	partnership or closely held corporation, gross income is defined as gross receipts minus 
11.10 	costs of goods sold minus ordinary and necessary expenses required for self-employment 
11.11 	or business operation.  Specifically excluded from ordinary and necessary expenses are 
11.12 	amounts allowable by the Internal Revenue Service for the accelerated component of 
11.13 	depreciation expenses, investment tax credits, or any other business expenses determined 
11.14 	by the court to be inappropriate or excessive for determining gross income for purposes of 
11.15 	calculating child support.

11.16 	Sec. 12. Laws 2005, chapter 164, section 16, is amended to read:
11.17 	Sec. 16.  [518.713] COMPUTATION OF CHILD SUPPORT  OBLIGATIONS.
11.18 	
11.19 	To determine the presumptive amount of support owed by a parent, follow the 
11.20 	procedure set forth in this section: 
11.21 	
11.22 	(1) determine the gross income of each parent under section 518.7123;
11.23 	(2) determine the modified gross income of each parent using the definition in 
11.24 	section 518.54, subdivision 18; 
11.25 	
11.26 	(2) (3) calculate the parental income for child support (PICS) of each parent under 
11.27 	section 518.54, subdivision 15, by subtracting from the modified gross income the credit, 
11.28 	if any, for each parent's nonjoint children under section 518.717; 
11.29 	
11.30 	(3) (4) determine the percentage contribution of each parent to the combined PICS 
11.31 	by dividing the combined PICS into each parent's PICS; 
11.32 	
11.33 	(4) (5) determine the combined basic support obligation by application of the 
11.34 	schedule in section 518.725; 
12.1 	
12.2 	(5) (6) determine each parent's share of the basic support obligation by multiplying 
12.3 	the percentage figure from clause (3) (4) by the combined basic support obligation in 
12.4 	clause (4) (5); 
12.5 	
12.6 	(6) (7) determine the parenting expense adjustment, if any, as provided in section 
12.7 	518.722, and adjust that parent's basic support obligation accordingly; 
12.8 	
12.9 	(7) (8) determine the child care support obligation for each parent as provided in 
12.10 	section 518.72; 
12.11 	
12.12 	(8) (9) determine the health care coverage obligation for each parent as provided 
12.13 	in section 518.719.  Unreimbursed and uninsured medical expenses are not included in 
12.14 	the presumptive amount of support owed by a parent and are calculated and collected 
12.15 	as described in section 518.722 518.719; 
12.16 	
12.17 	(9) (10) determine each parent's total child support obligation by adding together 
12.18 	each parent's basic support, child care support, and health care coverage obligations as 
12.19 	provided in clauses (1) to (8) (9); 
12.20 	
12.21 	(10) reduce or increase each parent's total child support obligation by the amount of 
12.22 	the health care coverage contribution paid by or on behalf of the other parent, as provided 
12.23 	in section 518.719, subdivision 5; 
12.24 	
12.25 	(11) if Social Security benefits or veterans' benefits are received by one parent as 
12.26 	a representative payee for a joint child due to the other parent's disability or retirement, 
12.27 	subtract the amount of benefits from the other parent's net child support obligation, if any; 
12.28 	
12.29 	(12) apply the self-support adjustment and minimum support obligation provisions 
12.30 	as provided in section 518.724; and 
12.31 	
12.32 	(13) the final child support order shall separately designate the amount owed for 
12.33 	basic support, child care support, and medical support. 

12.34 	Sec. 13. Laws 2005, chapter 164, section 18, is amended to read:
12.35 	Sec. 18.  [518.715] WRITTEN FINDINGS.
13.1 	
13.2 	
13.3 	Subdivision 1.  No deviation. If the court does not  deviate from the guidelines, the 
13.4 	court must make written  findings concerning the amount of the parties' gross income used 
13.5 	as the basis for the guidelines calculation and:
13.6 	(1) each parent's gross income;
13.7 	(2) each parent's modified gross income;
13.8 	(3) each parent's PICS; and
13.9 	(4) any other  significant evidentiary factors affecting the child support  determination.  
13.10 	
13.11 	
13.12 	Subd. 2.  Deviation.(a) If the court deviates from the  guidelines by agreement of 
13.13 	the parties or pursuant to section  518.714, the court must make written findings giving
13.14 	concerning:
13.15 	(1) each parent's gross income;
13.16 	(2) each parent's modified gross income;
13.17 	(3) each parent's PICS;
13.18 	(4) the amount  of support calculated under the guidelines,;
13.19 	(5) the reasons for the  deviation,; and must specifically address
13.20 	(6) how the deviation  serves the best interests of the child; and.
13.21 	
13.22 	(b) determine each parent's gross income and PICS.  
13.23 	
13.24 	
13.25 	Subd. 3.  Written findings required in every case. The  provisions of this section 
13.26 	apply whether or not the parties are  each represented by independent counsel and have 
13.27 	entered into a  written agreement.  The court must review stipulations presented  to it for 
13.28 	conformity to the guidelines.  The court is not  required to conduct a hearing, but the parties 
13.29 	must provide  sufficient documentation to verify the child support  determination, and 
13.30 	justify any deviation from the guidelines.  
13.31 	

13.32 	Sec. 14. Laws 2005, chapter 164, section 20, is amended to read:
13.33 	Sec. 20.  [518.717] NONJOINT CHILDREN.
13.34 	
14.1 	(a) When either or both parents of the joint child subject  to this determination are 
14.2 	legally responsible for a nonjoint  child who resides in that parent's household, a credit 
14.3 	for this  obligation shall be calculated under this section.  
14.4 	
14.5 	(b) Determine the modified gross income for each parent under  section 518.54, 
14.6 	subdivision 18.  
14.7 	
14.8 	(c) Using the guideline as established in section 518.725,  determine the basic child 
14.9 	support obligation for the nonjoint  child or children who actually reside in the parent's 
14.10 	household,  by using the modified gross income, under section 518.54, subdivision 18, of 
14.11 	the parent for whom the credit is  being calculated, and using the number of nonjoint 
14.12 	children  actually in the parent's immediate household.  If the number of  nonjoint children 
14.13 	to be used for the determination is greater  than two, the determination shall be made using 
14.14 	the number two  instead of the greater number.  
14.15 	
14.16 	(d) The credit for nonjoint children shall be 50 percent of  the guideline amount 
14.17 	from paragraph (c).  

14.18 	Sec. 15. Laws 2005, chapter 164, section 21, is amended to read:
14.19 	Sec. 21.  [518.718] SOCIAL SECURITY OR VETERANS' BENEFIT  
14.20 	PAYMENTS RECEIVED ON BEHALF OF THE CHILD.
14.21 	
14.22 	(a) The amount of the monthly Social Security benefits or  apportioned veterans' 
14.23 	benefits received by the child or on behalf of the child shall be added to the modified gross 
14.24 	income, determined under section 518.54, subdivision 18, of the  parent for whom the 
14.25 	disability or retirement benefit was paid.  
14.26 	
14.27 	(b) The amount of the monthly survivors' and dependents'  educational assistance 
14.28 	received by the child or on behalf of the child shall be added to the modified gross income
14.29 	under section 518.54, subdivision 18, of the parent for whom the disability or retirement
14.30 	benefit was paid.  
14.31 	
14.32 	(c) If the Social Security or apportioned veterans'  benefits are paid on behalf of the 
14.33 	obligor, and are received by  the obligee as a representative payee for the child or by the  
14.34 	child attending school, then the amount of the benefits may also  be subtracted from the 
14.35 	obligor's net child support obligation as  calculated pursuant to section 518.713.  
15.1 	
15.2 	(d) If the survivors' and dependents' educational  assistance is paid on behalf of the 
15.3 	obligor, and is received by  the obligee as a representative payee for the child or by the  
15.4 	child attending school, then the amount of the assistance shall  also be subtracted from the 
15.5 	obligor's net child support  obligation as calculated pursuant to under section 518.713.  

15.6 	Sec. 16. Laws 2005, chapter 164, section 22, subdivision 2, is amended to read:
15.7 	
15.8 	Subd. 2. Order. (a) A completed national medical support  notice issued by the 
15.9 	public authority or a court order that  complies with this section is a qualified medical 
15.10 	child support  order under the federal Employee Retirement Income Security Act  of 1974 
15.11 	(ERISA), United States Code, title 29, section 1169(a).  
15.12 	
15.13 	(b) Every order addressing child support must state:  
15.14 	
15.15 	(1) the names, last known addresses, and Social Security  numbers of the parents and 
15.16 	the joint child that is a subject of  the order unless the court prohibits the inclusion of an 
15.17 	address  or Social Security number and orders the parents to provide the  address and Social 
15.18 	Security number to the administrator of the  health plan;  
15.19 	
15.20 	(2) whether appropriate health care coverage for the joint  child is available and, if 
15.21 	so, state:  
15.22 	
15.23 	(i) which party must carry health care coverage;  
15.24 	
15.25 	(ii) the cost of premiums and how the cost is allocated  between the parties;  
15.26 	
15.27 	(iii) how unreimbursed expenses will be allocated and  collected by the parties; and  
15.28 	
15.29 	(iv) the circumstances, if any, under which the obligation  to provide health care 
15.30 	coverage for the joint child will shift  from one party to the other; and
15.31 	
15.32 	(3) if appropriate health care coverage is not available  for the joint child, whether a 
15.33 	contribution for medical support  is required; and.
15.34 	
16.1 	(4) whether the amount ordered for medical support is  subject to a cost-of-living 
16.2 	adjustment under section 518.641.  
16.3 	

16.4 	Sec. 17. Laws 2005, chapter 164, section 22, subdivision 4, is amended to read:
16.5 	
16.6 	Subd. 4. Ordering health care coverage. (a) If a joint  child is presently enrolled 
16.7 	in health care coverage, the court  must order that the parent who currently has the joint 
16.8 	child  enrolled continue that enrollment unless the parties agree  otherwise or a party 
16.9 	requests a change in coverage and the court  determines that other health care coverage is 
16.10 	more appropriate.  
16.11 	
16.12 	(b) If a joint child is not presently enrolled in health  care coverage, upon motion of a 
16.13 	party or the public authority,  the court must determine whether one or both parties have  
16.14 	appropriate health care coverage for the joint child and order  the party with appropriate 
16.15 	health care coverage available to  carry the coverage for the joint child.  
16.16 	
16.17 	(c) If only one party has appropriate health care coverage  available, the court must 
16.18 	order that party to carry the coverage  for the joint child.  
16.19 	
16.20 	(d) If both parties have appropriate health care coverage  available, the court must 
16.21 	order the parent with whom the joint  child resides to carry the coverage for the joint 
16.22 	child, unless:  
16.23 	
16.24 	(1) either party expresses a preference for coverage  available through the parent 
16.25 	with whom the joint child does not  reside;  
16.26 	
16.27 	(2) the parent with whom the joint child does not reside is  already carrying 
16.28 	dependent health care coverage for other  children and the cost of contributing to the 
16.29 	premiums of the  other parent's coverage would cause the parent with whom the  joint 
16.30 	child does not reside extreme hardship; or  
16.31 	
16.32 	(3) the parents agree to provide coverage and agree on the  allocation of costs.  
16.33 	
16.34 	(e) If the exception in paragraph (d), clause (1) or (2),  applies, the court must 
16.35 	determine which party has the most  appropriate coverage available and order that party to 
17.1 	carry  coverage for the joint child.  If the court determines under  subdivision 3, paragraph 
17.2 	(a), clauses (1) and (2), that the  parties' health care coverage for the joint child is 
17.3 	comparable  with regard to accessibility and comprehensiveness, the court  must presume 
17.4 	that the party with the least costly health care  coverage to carry coverage for the joint child.  
17.5 	
17.6 	(f) If neither party has appropriate health care coverage  available, the court must 
17.7 	order the parents to:  
17.8 	
17.9 	(1) contribute toward the actual health care costs of the  joint children based on 
17.10 	a pro rata share; or  
17.11 	
17.12 	(2) if the joint child is receiving any form of medical  assistance under chapter 256B 
17.13 	or MinnesotaCare under chapter  256L, the parent with whom the joint child does not 
17.14 	reside shall  contribute a monthly amount toward the actual cost of medical  assistance 
17.15 	under chapter 256B or MinnesotaCare under chapter  256L.  The amount of contribution of 
17.16 	the noncustodial parent is  the amount the noncustodial parent would pay for the child's  
17.17 	premiums if the noncustodial parent's income meets the  eligibility requirements for 
17.18 	public coverage.  For purposes of  determining the premium amount, the noncustodial 
17.19 	parent's  household size is equal to one parent plus the child or children  who are the 
17.20 	subject of the child support order.  If the  noncustodial parent's income exceeds the 
17.21 	eligibility  requirements for public coverage, the court must order the  noncustodial parent's 
17.22 	contribution toward the full premium cost  of the child's or children's coverage.  The 
17.23 	custodial parent's  obligation is determined under the requirements for public  coverage as 
17.24 	set forth in chapter 256B or 256L.  The court may  order the parent with whom the child 
17.25 	resides to apply for public  coverage for the child.  
17.26 	
17.27 	(g) A presumption of no less than $50 per month must be  applied to the actual health 
17.28 	care costs of the joint children or  to the cost of health care coverage.  
17.29 	
17.30 	(h) (g) The commissioner of human services must publish a table  with the premium 
17.31 	schedule for public coverage and update the  chart for changes to the schedule by July 
17.32 	1 of each year.  
17.33 	

17.34 	Sec. 18. Laws 2005, chapter 164, section 22, subdivision 16, is amended to read:
17.35 	
18.1 	Subd. 16.  Income withholding; Offset. (a) If a party  owes no joint child support 
18.2 	obligation for a child is the parent with primary physical custody as defined in section 
18.3 	518.54, subdivision 24, and is an  obligor ordered to contribute to the other party's cost for  
18.4 	carrying health care coverage for the joint child, the obligor other party's child support 
18.5 	obligation  is subject to an offset under subdivision 5 or income  withholding under section 
18.6 	518.6111.  
18.7 	
18.8 	(b) If a party's court-ordered health care coverage for the  joint child terminates and 
18.9 	the joint child is not enrolled in  other health care coverage or public coverage, and a 
18.10 	modification motion is not pending, the public authority may  remove the offset to a party's 
18.11 	child support obligation or  terminate income withholding instituted against a party under 
18.12 	section 518.6111.  The public authority must provide notice to  the parties of the action.  
18.13 	(b) The public authority, if the public authority provides services, may remove the 
18.14 	offset to a party's child support obligation when: 
18.15 	(1) the party's court-ordered health care coverage for the joint child terminates; 
18.16 	(2) the party does not enroll the joint child in other health care coverage; and 
18.17 	(3) a modification motion is not pending.
18.18 	The public authority must provide notice to the parties of the action.
18.19 	
18.20 	(c) A party may contest the public authority's action to  remove the offset to the child 
18.21 	support obligation or terminate  income withholding if the party makes a written request 
18.22 	for a  hearing within 30 days after receiving written notice.  If a  party makes a timely 
18.23 	request for a hearing, the public authority  must schedule a hearing and send written notice 
18.24 	of the hearing  to the parties by mail to the parties' last known addresses at  least 14 days 
18.25 	before the hearing.  The hearing must be conducted  in district court or in the expedited 
18.26 	child support process if  section 484.702 applies.  The district court or child support  
18.27 	magistrate must determine whether removing the offset or  terminating income withholding
18.28 	is appropriate and, if  appropriate, the effective date for the removal or termination.  
18.29 	
18.30 	(d) If the party does not request a hearing, the district  court or child support 
18.31 	magistrate must order the offset or  income withholding termination public authority will 
18.32 	remove the offset effective the first day of the  month following termination of the joint 
18.33 	child's health care  coverage.  
18.34 	

18.35 	Sec. 19. Laws 2005, chapter 164, section 22, subdivision 17, is amended to read:
19.1 	
19.2 	Subd. 17.  Collecting unreimbursed and or uninsured medical expenses. (a) This 
19.3 	subdivision and subdivision 18 apply when a court order has determined and ordered the 
19.4 	parties' proportionate share and responsibility to contribute to unreimbursed or uninsured 
19.5 	medical expenses.
19.6 	(b) A party requesting reimbursement of unreimbursed or uninsured medical 
19.7 	expenses must initiate a request to the other party for reimbursement of unreimbursed and 
19.8 	uninsured medical expenses within two years  of the date that the requesting party incurred 
19.9 	the unreimbursed or  uninsured medical expenses.  The time period in this paragraph 
19.10 	does not apply if the location of the other party is unknown. If a court order has been 
19.11 	signed ordering the contribution towards unreimbursed or uninsured expenses, a two-year 
19.12 	limitations provision must be applied to any requests made on or after January 1, 2007. 
19.13 	The provisions of this section must be applied retroactively to court orders signed prior to 
19.14 	January 1, 2007. Any requests for unreimbursed or uninsured expenses made on or after 
19.15 	January 1, 2007, may include expenses incurred prior to January 1, 2007, but going back 
19.16 	no further than January 1, 2005.
19.17 	
19.18 	(b) (c) A requesting party seeking reimbursement of unreimbursed and  uninsured 
19.19 	medical expenses must mail a written notice of intent  to collect the unreimbursed or 
19.20 	uninsured medical expenses and a copy of an affidavit of health  care expenses to the other 
19.21 	party at the other party's last known  address.  
19.22 	
19.23 	(c) (d) The written notice must include a statement that the other  party has 30 days 
19.24 	from the date the notice was mailed to (1) pay  in full; (2) enter agree to a payment 
19.25 	agreement schedule; or (3) file a motion  requesting a hearing contesting the matter to 
19.26 	contest the amount due or to set a court-ordered monthly payment amount.  If the public  
19.27 	authority provides support enforcement services, the written  notice also must include a 
19.28 	statement that, if the other party does not respond within the 30 days, the requesting party  
19.29 	must may submit the amount due to the public authority for  collection.  
19.30 	
19.31 	(d) (e) The affidavit of health care expenses must itemize and  document the joint 
19.32 	child's unreimbursed or uninsured medical  expenses and include copies of all bills, 
19.33 	receipts, and  insurance company explanations of benefits.  
19.34 	(f) If the other party does not respond to the request for reimbursement within 
19.35 	30 days, the requesting party may commence enforcement against the other party 
19.36 	under subdivision 18; file a motion for a court-ordered monthly payment amount under 
20.1 	paragraph (h); or notify the public authority, if the public authority provides services, that 
20.2 	the other party has not responded.
20.3 	
20.4 	(e)If (g) The notice to the public authority provides support enforcement  services, 
20.5 	the party seeking reimbursement must send to the  public authority must include: a copy of 
20.6 	the written notice, a copy of the original  affidavit of health care expenses, and copies of all 
20.7 	bills, receipts, and insurance  company explanations of benefits.  
20.8 	
20.9 	(f) If the party does not respond to the request for  reimbursement within 30 days, 
20.10 	the party seeking reimbursement or  public authority, if the public authority provides 
20.11 	support  enforcement services, must commence an enforcement action  against the party 
20.12 	under subdivision 18.  
20.13 	
20.14 	(g) (h) If noticed under paragraph (f), the public authority must serve the other party 
20.15 	with a  notice of intent to enforce unreimbursed and uninsured medical  expenses and file 
20.16 	an affidavit of service by mail with the  district court administrator.  The notice must state 
20.17 	that,  unless the other party has 14 days to (1) pays pay in full; or (2) enters into a payment 
20.18 	agreement; or (3) files file a motion contesting to contest the matter within 14  days of 
20.19 	service of the notice, amount due or to set a court-ordered monthly payment amount. The 
20.20 	notice must also state that if there is no response within 14 days, the public authority will  
20.21 	commence enforcement of the expenses as medical support arrears  under subdivision 18.  
20.22 	
20.23 	(h) If the (i) To contest the amount due or set a court-ordered monthly payment 
20.24 	amount, a party files must file a timely motion for a hearing  contesting the requested 
20.25 	reimbursement, the contesting party  must and schedule a hearing in district court or in 
20.26 	the expedited  child support process if section 484.702 applies.  The  contesting moving
20.27 	party must provide the other party seeking reimbursement  and the public authority, if the 
20.28 	public authority provides  support enforcement services, with written notice of the hearing
20.29 	at least 14 days before the hearing by mailing notice of the  hearing to the public authority 
20.30 	and to the requesting party at the requesting party's  last known address.  The moving party 
20.31 	seeking reimbursement must file  the original affidavit of health care expenses with the 
20.32 	court at  least five days before the hearing.  Based upon the evidence  presented, The district 
20.33 	court or child support magistrate must  determine liability for the expenses and order that 
20.34 	the liable  party is subject to enforcement of the expenses as medical  support arrears under 
20.35 	subdivision 18 or set a court-ordered monthly payment amount.  
20.36 	

21.1 	Sec. 20. Laws 2005, chapter 164, section 22, subdivision 18, is amended to read:
21.2 	
21.3 	Subd. 18. Enforcing an order for unreimbursed or uninsured medical support
21.4 	expenses as arrears. (a) If a party liable for Unreimbursed and or uninsured  medical 
21.5 	expenses owes a child support obligation to the party  seeking reimbursement of the 
21.6 	expenses, the expenses must be enforced under this subdivision are  collected as medical 
21.7 	support arrears.  
21.8 	
21.9 	(b) If a party liable for unreimbursed and uninsured  medical expenses does not owe 
21.10 	a child support obligation to the  party seeking reimbursement, and the party seeking 
21.11 	reimbursement  owes the liable party basic support arrears, the liable party's  medical 
21.12 	support arrears must be deducted from the amount of the  basic support arrears.  
21.13 	
21.14 	(c) If a liable party owes medical support arrears after  deducting the amount owed 
21.15 	from the amount of the child support  arrears owed by the party seeking reimbursement, 
21.16 	it must be  collected as follows:  
21.17 	
21.18 	(1) if the party seeking reimbursement owes a child support  obligation to the liable 
21.19 	party, the child support obligation  must be reduced by 20 percent until the medical support 
21.20 	arrears  are satisfied;  
21.21 	
21.22 	(2) if the party seeking reimbursement does not owe a child  support obligation to 
21.23 	the liable party, the liable party's  income must be subject to income withholding under 
21.24 	section  518.6111 for an amount required under section 518.553 until the  medical support 
21.25 	arrears are satisfied; or  
21.26 	
21.27 	(3) if the party seeking reimbursement does not owe a child  support obligation, and 
21.28 	income withholding under section  518.6111 is not available, payment of the medical 
21.29 	support  arrears must be required under a payment agreement under section  518.553.  
21.30 	
21.31 	(d) If a liable party fails to enter into or comply with a  payment agreement, the party 
21.32 	seeking reimbursement or the public  authority, if it provides support enforcement services, 
21.33 	may  schedule a hearing to have a court order payment.  The party  seeking reimbursement 
21.34 	or the public authority must provide the  liable party with written notice of the hearing at 
21.35 	least 14 days  before the hearing.  
22.1 	(b) If the liable party is the parent with primary physical custody as defined in 
22.2 	section 518.54, subdivision 24, the unreimbursed or uninsured medical expenses must be 
22.3 	deducted from any arrears the requesting party owes the liable party. If unreimbursed or 
22.4 	uninsured expenses remain after the deduction, the expenses must be collected as follows:
22.5 	(1) If the requesting party owes a current child support obligation to the liable party, 
22.6 	20 percent of each payment received from the requesting party must be returned to the 
22.7 	requesting party. The total amount returned to the requesting party each month must not 
22.8 	exceed 20 percent of the current monthly support obligation.
22.9 	(2) If the requesting party does not owe current child support or arrears, a payment 
22.10 	agreement under section 518.553 is required. If the liable party fails to enter into or 
22.11 	comply with a payment agreement, the requesting party or the public authority, if the 
22.12 	public authority provides services, may schedule a hearing to set a court-ordered payment. 
22.13 	The requesting party or the public authority must provide the liable party with written 
22.14 	notice of the hearing at least 14 days before the hearing.
22.15 	(c) If the liable party is not the parent with primary physical custody as defined in 
22.16 	section 518.54, subdivision 24, the unreimbursed or uninsured medical expenses must be 
22.17 	deducted from any arrears the requesting party owes the liable party. If unreimbursed or 
22.18 	uninsured expenses remain after the deduction, the expenses must be added and collected 
22.19 	as arrears owed by the liable party.
22.20 	

22.21 	Sec. 21. Laws 2005, chapter 164, section 24, is amended to read:
22.22 	Sec. 24.  [518.722] PARENTING EXPENSE ADJUSTMENT.
22.23 	
22.24 	(a) This section shall apply when the amount of parenting  time granted to an obligor 
22.25 	is ten percent or greater.  Every  child support order shall specify the total percent of 
22.26 	parenting  time granted to each parent.  
22.27 	
22.28 	(b) The obligor shall be entitled to a parenting expense  adjustment calculated 
22.29 	as follows:  
22.30 	
22.31 	(1) find the adjustment percentage corresponding to the  percentage of parenting 
22.32 	time allowed to the obligor below:  
22.33 	

23.1
23.2		Percentage Range of 
Parenting Time
	Adjustment Percentage
	
23.3	(i)
	less than 10 percent
	no adjustment
	
23.4	(ii)
	10 percent to 45 percent
	12 percent
	
23.5
23.6	(iii)
	45.1 percent to 50 percent
	presume parenting time is 
equal
	
23.7 	
23.8 	(2) multiply the adjustment percentage by the obligor's  basic child support obligation 
23.9 	to arrive at the parenting  expense adjustment.  
23.10 	
23.11 	(c) Subtract the parenting expense adjustment from the  obligor's basic child support 
23.12 	obligation.  The result is the  obligor's obligation after parenting expense adjustment.  
23.13 	
23.14 	(d) If the parenting time is equal, the expenses for the  children are equally shared,
23.15 	and the parental incomes for  determining child support of the parents also are equal, no
23.16 	basic  support shall be paid unless the court determines that the expenses for the child are 
23.17 	not equally shared.  
23.18 	
23.19 	(e) If the parenting time is equal but the parents'  parental incomes for determining 
23.20 	child support are not equal,  the parent having the greater parental income for determining  
23.21 	child support shall be obligated for basic child support,  calculated as follows:  
23.22 	
23.23 	(1) multiply the parents' combined basic support obligation calculated under section 
23.24 	518.713 by 1.5;  
23.25 	
23.26 	(2) prorate the basic child support obligation resulting amount between the  
23.27 	parents, based on each parent's proportionate share of the combined parental income for 
23.28 	determining child support;
23.29 	(3) subtract the lower amount from the higher amount; and
23.30 	(4) divide the balance in half; and.
23.31 	
23.32 	(3) The resulting figure is the obligation after parenting  expense adjustment for the parent 
23.33 	with the greater adjusted  gross parental income for determining child support.  
23.34 	
24.1 	(f) This parenting expense adjustment reflects the  presumption that while exercising 
24.2 	parenting time, a parent is  responsible for and incurs costs of caring for the child,  
24.3 	including, but not limited to, food, transportation, recreation,  and household expenses.  
24.4 	
24.5 	(g) In the absence of other evidence, there is a rebuttable  presumption that each 
24.6 	parent has 25 percent of the parenting  time for each joint child.  
24.7 	(h) For purposes of this section, the percentage of parenting time is determined on an 
24.8 	annual basis. The resulting percentage of parenting time is applied to the basic support 
24.9 	obligation on a monthly basis.

24.10 	Sec. 22. Laws 2005, chapter 164, section 25, is amended to read:
24.11 	Sec. 25.  [518.724] ABILITY TO PAY; SELF-SUPPORT  ADJUSTMENT.
24.12 	
24.13 	It is a rebuttable presumption that a child support order  should not exceed the 
24.14 	obligor's ability to pay.  To determine  the amount of child support the obligor has the 
24.15 	ability to pay,  follow the procedure set out in this section:  
24.16 	
24.17 	(1) calculate the obligor's income available for support ability to pay by  subtracting 
24.18 	a monthly self-support reserve equal to 120 percent  of the federal poverty guidelines for 
24.19 	one person from the  obligor's gross income;  
24.20 	
24.21 	(2) compare the obligor's income available for support the amount from  clause 
24.22 	(1) to the amount of support calculated as per section  518.713, clauses (1) to (15).  The 
24.23 	amount of child support that  is presumed to be correct, as defined in section 518.713, is 
24.24 	the  lesser of these two amounts (11);  
24.25 	
24.26 	(3) this section does not apply to an incarcerated obligor;
24.27 	
24.28 	(4) if the obligor's child support is reduced under clause  (2), then the court must 
24.29 	apply the reduction to the child  support obligation in the following order: 
24.30 	
24.31 	(i) medical support obligation;  
24.32 	
24.33 	(ii) child support care obligation; and  
24.34 	
24.35 	(iii) basic support obligation; and  
25.1 	(5) Minimum basic support amount.(3) if the amount from clause (1) is equal to 
25.2 	or greater than the obligation calculated under section 518.713, then the obligor's support 
25.3 	obligation calculated under section 518.713 is the presumptive support amount;
25.4 	(4) if the amount from clause (1) is equal to or less than the minimum basic support 
25.5 	amount in clause (8), the provisions of clause (8) apply;
25.6 	(5) if the amount from clause (1) is more than the monthly self-support reserve 
25.7 	amount but less than the support obligation calculated under section 518.713, then it must 
25.8 	be reduced if it equals the amount from clause (1);
25.9 	(6) if the obligor's child support is reduced under clause (5), then the court must 
25.10 	apply the reduction to the child support obligation in the following order:
25.11 	(i) medical support obligation;
25.12 	(ii) child care support obligation; and
25.13 	(iii) basic support obligation;
25.14 	(7) this section does not apply to an incarcerated obligor; and
25.15 	(8) (i) If the obligor's gross income is less than the self-support reserve, then the 
25.16 	court must order minimum support as follows:
25.17 	(A) for one or two children, the obligor's basic support obligation is $50 per month;
25.18 	(B) for three or four children, the obligor's basic support obligation is $75 per 
25.19 	month; and 
25.20 	(C) for five or more children, the obligor's basic support obligation is $100 per 
25.21 	month.
25.22 	(ii) If the obligor's income  available for support amount from clause (1) is equal to or 
25.23 	less than the self-support reserve,  then the court must order minimum support as follows:  
25.24 	
25.25 	(i) (A) for one or two children, the obligor's basic support  obligation is $50 per 
25.26 	month;  
25.27 	
25.28 	(ii) (B) for three or four children, the obligor's basic  support obligation is $75 per 
25.29 	month; and  
25.30 	
25.31 	(iii) (C) for five or more children, the obligor's basic  support obligation is $100 
25.32 	per month.  
25.33 	
25.34 	(iii) If the court orders the obligor to pay the minimum basic support  amount under 
25.35 	this paragraph section, the obligor is presumed unable to  pay child care support and 
25.36 	medical support.  
26.1 	
26.2 	(iv) If the court finds the obligor receives no income and completely  lacks the ability 
26.3 	to earn income, the minimum basic support  amount amounts under this paragraph does
26.4 	section do not apply.  

26.5 	Sec. 23. Laws 2005, chapter 164, section 31, is amended to read:
26.6 	Sec. 31. REPEALER.
26.7 	
26.8 	Minnesota Statutes 2004, sections 518.171; 518.54,  subdivisions 2, 4, and 4a; and 
26.9 	518.551, subdivisions 1, 5a, 5c,  and 5f, are repealed.  

26.10 	Sec. 24. Laws 2005, chapter 164, section 32, the effective date, is amended to read:
26.11 	Sec. 32.  EFFECTIVE DATE.
26.12 	
26.13 	Except as otherwise provided, this act is effective January  1, 2007, and applies to 
26.14 	orders adopted or modified actions or motions filed on or after that  date. The provisions 
26.15 	of this act must be applied to any requests for past support or reimbursement filed on 
26.16 	or after January 1, 2007, for time periods claimed prior to January 1, 2007, but going 
26.17 	back no further than January 1, 2005. The terms and provisions of any court orders in 
26.18 	effect before January 1, 2007, remain in full force and effect until modified by subsequent 
26.19 	orders, judgments, decrees of dissolutions, or legal separations signed on or after January 
26.20 	1, 2007, when the provisions of this act must be applied.  Sections 1 to 3 of this act are 
26.21 	effective July 1, 2005.  

26.22 	Sec. 25. REVISOR'S INSTRUCTION.
 26.23 	The revisor of statutes shall correct internal cross-references to sections that are 
26.24 	affected by section 26, the repealer section in this bill. The revisor may make changes 
26.25 	necessary to correct the punctuation, grammar, or structure of the remaining text and 
26.26 	preserve its meaning.

26.27 	Sec. 26.  REPEALER.
 26.28 	Minnesota Statutes 2004, section 518.54, subdivision 2; Minnesota Statutes 2005 
26.29 	Supplement, section 518.54, subdivision 4a;  and Laws 2005, chapter 164, section 12, are 
26.30 	repealed.