1.1 	A bill for an act
1.2 	relating to civil law; reforming and recodifying the
1.3 	law relating to marriage dissolution, child custody,
1.4 	child support, maintenance, and property division;
1.5 	changing a fee; making style and form changes;
1.6 	appropriating money; amending Minnesota Statutes 2004,
1.7 	sections 357.021, by adding a subdivision; 518.002;
1.8 	518.003, subdivisions 1, 3; 518.005; 518.01; 518.02;
1.9 	518.03; 518.04; 518.05; 518.055; 518.06; 518.07;
1.10 	518.09; 518.091, subdivision 1; 518.10; 518.11;
1.11 	518.12; 518.13; 518.131; 518.14, subdivision 1;
1.12 	518.148; 518.155; 518.156; 518.157, subdivisions 1, 2,
1.13 	3, 5, 6; 518.165; 518.166; 518.167, subdivisions 3, 4,
1.14 	5; 518.168; 518.1705, subdivisions 2, 6, 7, 8, 9;
1.15 	518.175; 518.1751, subdivisions 1b, 2, 2a, 2b, 2c, 3;
1.16 	518.1752; 518.176; 518.177; 518.178; 518.179,
1.17 	subdivision 1; 518.18; 518.191, subdivision 1;
1.18 	518.195, subdivisions 2, 3; 518.24; 518.25; 518.27;
1.19 	518.54, subdivisions 1, 5, 6, 7, 8; 518.55; 518.552;
1.20 	518.58; 518.581; 518.582; 518.612; 518.619; 518.62;
1.21 	518.64, subdivisions 1, 2; 518.641; 518.642; 518.646;
1.22 	518.65; 518.68, subdivision 1; 519.11, subdivision 1;
1.23 	proposing coding for new law as Minnesota Statutes,
1.24 	chapters 517A; 517B; 517C; repealing Minnesota
1.25 	Statutes 2004, sections 518.111; 518.14, subdivision
1.26 	2; 518.171; 518.24; 518.255; 518.54, subdivisions 2,
1.27 	4a, 13, 14; 518.55, subdivision 4; 518.551; 518.5513;
1.28 	518.553; 518.57; 518.575; 518.585; 518.5851; 518.5852;
1.29 	518.5853; 518.61; 518.6111; 518.614; 518.615; 518.616;
1.30 	518.617; 518.618; 518.6195; 518.6196; 518.62; 518.64,
1.31 	subdivisions 4, 4a, 5; 518.68.
1.32 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.33 	ARTICLE 1
1.34 	MARRIAGE DISSOLUTION, LEGAL SEPARATION, AND ANNULMENT

1.35 	Section 1. Minnesota Statutes 2004, section 357.021, is
1.36 	amended by adding a subdivision to read:
1.37 		Subd. 8.Marital dissolution fee. (a) The court
1.38 	administrator shall collect in each proceeding in the district
2.1 	seeking a dissolution of a marriage or a legal separation, in
2.2 	the manner in which other fees are collected, a marital
2.3 	dissolution fee in the amount of $31 from:
2.4 	(1) the petitioner instituting the marital dissolution or
2.5 	legal separation, to be collected at the time of the filing of
2.6 	the first paper; and 
2.7 	(2) the respondent who appears, to be collected at the time
2.8 	of the filing of the first paper by the respondent or at the
2.9 	time when the respondent's appearance is entered in the case.
2.10 	(b) The court administrator shall forward the marital
2.11 	dissolution fee to the commissioner of finance for deposit in
2.12 	the general fund.

2.13 	Sec. 2. [517A.36] MAINTENANCE PAYMENT ENFORCEMENT.
2.14 	(a) Except as provided in paragraph (b), the enforcement
2.15 	requirements and procedures in chapter 517C apply to a
2.16 	maintenance obligation, including a maintenance obligation that
2.17 	is or was combined with a child support obligation and is part
2.18 	of a support order as defined in section 517A.02, subdivision 14.
2.19 	(b) The enforcement requirements and procedures in sections
2.20 	517C.04; 517C.10, subdivisions 1, 2, and 5; 517C.12, subdivision
2.21 	4; 517C.13; 517C.22; 517C.23; 517C.27; 517C.28; 517C.30;
2.22 	517C.63; 517C.73; 517C.80; and 517C.84, do not apply to a
2.23 	maintenance obligation whether or not the obligation is or was
2.24 	combined with a child support obligation.

2.25 	Sec. 3. Minnesota Statutes 2004, section 518.002, is
2.26 	amended to read:
2.27 	518.002 MEANING OF DIVORCE.
2.28 	Wherever the word "Divorce" is , as used in the statutes, it 
2.29 	has the same meaning as "dissolution" or "dissolution of
2.30 	marriage."

2.31 	Sec. 4. Minnesota Statutes 2004, section 518.003,
2.32 	subdivision 1, is amended to read:
2.33 		Subdivision 1.Scope. For the purposes of The
2.34 	definitions in this section apply to this chapter, the following
2.35 	terms have the meanings provided in this section unless the
2.36 	context clearly requires otherwise.

3.1 	Sec. 5. Minnesota Statutes 2004, section 518.005, is
3.2 	amended to read:
3.3 	518.005 RULES GOVERNING PROCEEDINGS.
3.4 		Subdivision 1.Applicable. Unless otherwise specifically
3.5 	provided, the Rules of Civil Procedure for the district court
3.6 	apply to all proceedings under this chapter and chapters 517B
3.7 	and 517C.
3.8 		Subd. 2.Title. A proceeding for dissolution of
3.9 	marriage, legal separation, or annulment shall must be entitled
3.10 	"In re the Marriage of .......... and .......... ." A custody
3.11 	or support proceeding shall be entitled "In re the (Custody)
3.12 	(Support) of .......... ." 
3.13 		Subd. 3.Names of pleadings. The initial pleading in all
3.14 	proceedings under sections 518.002 to 518.66 shall this chapter
3.15 	and chapters 517B and 517C must be denominated a petition.  A
3.16 	responsive pleading shall must be denominated an answer.  Other
3.17 	pleadings shall must be denominated as provided in the Rules of
3.18 	Civil Procedure.
3.19 		Subd. 4.Decree; judgment. In sections 518.002 to 518.66
3.20 	this chapter and chapters 517B and 517C, "decree" includes
3.21 	"judgment."
3.22 		Subd. 5.Prohibited disclosure. In all proceedings under
3.23 	this chapter and chapters 517B and 517C in which public
3.24 	assistance is assigned under section 256.741 or the public
3.25 	authority provides services to a party or parties to the
3.26 	proceedings, notwithstanding statutory or other authorization
3.27 	for the public authority to release private data on the location
3.28 	of a party to the action, information on the location of one
3.29 	party may not be released by the public authority to the other
3.30 	party if:
3.31 	(1) the public authority has knowledge that a protective
3.32 	order with respect to the other party has been entered; or
3.33 	(2) the public authority has reason to believe that the
3.34 	release of the information may result in physical or emotional
3.35 	harm to the other party.
3.36 		Subd. 6.Required notice. Every court order or judgment
4.1 	and decree that provides for child support, spousal maintenance,
4.2 	custody, or parenting time must contain the notices required by
4.3 	section 517C.99.

4.4 	Sec. 6. Minnesota Statutes 2004, section 518.01, is
4.5 	amended to read:
4.6 	518.01 VOID MARRIAGES.
4.7 	All marriages which are A marriage prohibited by section
4.8 	517.03 shall be absolutely is void,without any decree of
4.9 	dissolution or other legal proceedings; except if a person whose
4.10 	husband or wife has been absent for four successive years,
4.11 	without being known to the person to be living during that time,
4.12 	marries during the lifetime of the absent husband or wife,
4.13 	the subsequent marriage shall be is void only from the time that
4.14 	its nullity is duly adjudged.  If the absentee is declared dead
4.15 	in accordance with section 576.142, the subsequent
4.16 	marriage shall is not be void.

4.17 	Sec. 7. Minnesota Statutes 2004, section 518.02, is
4.18 	amended to read:
4.19 	518.02 VOIDABLE MARRIAGES.
4.20 	A marriage shall must be declared a nullity under the
4.21 	following circumstances if:
4.22 	(a) (1) a party lacked capacity to consent to the marriage
4.23 	at the time the marriage was solemnized, either because of:  (i) 
4.24 	mental incapacity or infirmity and if the other party at the
4.25 	time the marriage was solemnized did not know of the incapacity;
4.26 	or because of (ii) the influence of alcohol, drugs, or other
4.27 	incapacitating substances; or because (iii) consent of either
4.28 	was party having been obtained by force or fraud and there was 
4.29 	with no subsequent voluntary cohabitation of the parties;
4.30 	(b) (2) a party lacks the physical capacity to consummate
4.31 	the marriage by sexual intercourse and the other party at the
4.32 	time the marriage was solemnized did not know of the incapacity;
4.33 	(c) (3) a party was under the age for marriage established
4.34 	by section 517.02, except as otherwise provided by section
4.35 	517A.10.

4.36 	Sec. 8. Minnesota Statutes 2004, section 518.03, is
5.1 	amended to read:
5.2 	518.03 ACTION TO ANNUL; DECREE.
5.3 	An annulment shall must be commenced and ,the complaint
5.4 	shall be filed,and proceedings had as in proceedings for
5.5 	dissolution.  Upon due proof of the nullity of the marriage, it
5.6 	shall the marriage must be adjudged null and void.
5.7 	The provisions of sections 518.54 to 518.66this chapter
5.8 	and chapters 517B and 517C relating to property rights of the
5.9 	spouses, maintenance, support,and custody of children on
5.10 	dissolution of marriage are applicable to proceedings for
5.11 	annulment.

5.12 	Sec. 9. Minnesota Statutes 2004, section 518.04, is
5.13 	amended to read:
5.14 	518.04 INSUFFICIENT GROUNDS FOR ANNULMENT.
5.15 	No marriage shall may be adjudged a nullity on the ground
5.16 	that one of the parties was under the age of legal consent if it
5.17 	appears that the parties had voluntarily cohabited together as
5.18 	husband and wife after having attained such that age; nor
5.19 	shall .The marriage of any an insane person must not be
5.20 	adjudged void after restoration of the insane person to reason,
5.21 	if it appears that the parties freely cohabited together as
5.22 	husband and wife after such the restoration to reason.

5.23 	Sec. 10. Minnesota Statutes 2004, section 518.05, is
5.24 	amended to read:
5.25 	518.05 ANNULMENT; WHEN TO BRING.
5.26 	An annulment may be sought by any of the following persons
5.27 	and must be commenced within the times specified, but in no
5.28 	event may an annulment be sought after the death of either party
5.29 	to the marriage:
5.30 	(a) for a reason set forth in (1) under section 518.02,
5.31 	clause (a) (1), by either party or by the legal representative
5.32 	of the party who lacked capacity to consent, no later than 90
5.33 	days after the petitioner obtained knowledge of the described
5.34 	condition;
5.35 	(b) for the reason set forth in (2) under section 518.02,
5.36 	clause (b) (2), by either party no later than one year after the
6.1 	petitioner obtained knowledge of the described condition;
6.2 	(c) for the reason set forth in (3) under section 518.02,
6.3 	clause (c) (3), by the underaged party,or the party's parent or
6.4 	guardian,before the time the underaged party reaches the age at
6.5 	which the party could have married without satisfying the
6.6 	omitted requirement.

6.7 	Sec. 11. Minnesota Statutes 2004, section 518.055, is
6.8 	amended to read:
6.9 	518.055 PUTATIVE SPOUSE.
6.10 	Any person who has cohabited with another to whom the
6.11 	person is not legally married in the good faith belief that the
6.12 	person was married to the other is a putative spouse until
6.13 	knowledge of the fact that the person is not legally married
6.14 	terminates the status and prevents acquisition of further
6.15 	rights.  A putative spouse acquires the rights conferred upon a
6.16 	legal spouse, including the right to maintenance following
6.17 	termination of the status, whether or not the marriage is
6.18 	prohibited or declared a nullity.  If there is a legal spouse or
6.19 	other putative spouses, rights acquired by a putative spouse do
6.20 	not supersede the rights of the legal spouse or those acquired
6.21 	by other putative spouses, but the court shall must apportion
6.22 	property, maintenance, and support rights among the claimants as
6.23 	appropriate in the circumstances and in the interests of justice.

6.24 	Sec. 12. Minnesota Statutes 2004, section 518.06, is
6.25 	amended to read:
6.26 	518.06 DISSOLUTION OF MARRIAGE; LEGAL SEPARATION; GROUNDS;
6.27 	UNCONTESTED LEGAL SEPARATION.
6.28 		Subdivision 1.meaning and effect of decrees; grounds. A
6.29 	dissolution of marriage is the termination of the marital
6.30 	relationship between a husband and wife.  A decree of
6.31 	dissolution completely terminates the marital status of both
6.32 	parties.  A legal separation is a court determination of the
6.33 	rights and responsibilities of a husband and wife arising out of
6.34 	the marital relationship.  A decree of legal separation does not
6.35 	terminate the marital status of the parties.  A dissolution of a 
6.36 	marriage shall must be granted by a county or district court
7.1 	when if the court finds that there has been an irretrievable
7.2 	breakdown of the marriage relationship.
7.3 	A decree of legal separation shall must be granted when 
7.4 	if the court finds that one or both parties need a legal
7.5 	separation.
7.6 	Defenses to divorce, dissolution and legal separation,
7.7 	including,but not limited to,condonation, connivance,
7.8 	collusion, recrimination, insanity, and lapse of time, are
7.9 	abolished.
7.10 		Subd. 3.Uncontested legal separation. If one or both
7.11 	parties petition for a decree of legal separation and neither
7.12 	party contests the granting of the decree nor petitions for a
7.13 	decree of dissolution, the court shall must grant a decree of
7.14 	legal separation.

7.15 	Sec. 13. Minnesota Statutes 2004, section 518.07, is
7.16 	amended to read:
7.17 	518.07 RESIDENCE OF PARTIES.
7.18 	No A dissolution shall must not be granted unless (1) one
7.19 	of the parties has resided in this state,or has been a member
7.20 	of the armed services stationed in this state,for not less than 
7.21 	at least 180 days immediately preceding the commencement of the
7.22 	proceeding; or (2) one of the parties has been a domiciliary of
7.23 	this state for not less than at least 180 days immediately
7.24 	preceding commencement of the proceeding.

7.25 	Sec. 14. Minnesota Statutes 2004, section 518.09, is
7.26 	amended to read:
7.27 	518.09 PROCEEDING; HOW AND WHERE BROUGHT; VENUE.
7.28 	A proceeding for dissolution or legal separation may be
7.29 	brought by either or both spouses and shall be is commenced by
7.30 	personal service of the summons and petition venued in the
7.31 	county where either spouse resides. No summons is required if a
7.32 	joint petition is filed.If neither party resides in the state
7.33 	and jurisdiction is based on the domicile of either
7.34 	spouse party, the proceeding may be brought in the county where
7.35 	either party is domiciled.  If neither party resides or is
7.36 	domiciled in this state and jurisdiction is premised upon one of
8.1 	the parties being a member of the armed services stationed in
8.2 	this state for not less than 180 days immediately preceding the
8.3 	commencement of the proceeding, the proceeding may be brought in
8.4 	the county where the member is stationed.  This venue shall be 
8.5 	is subject to the court's power of the court to change the place
8.6 	of hearing by consent of the parties, or when if it appears to
8.7 	the court that an impartial hearing cannot be had in the county
8.8 	where the proceedings are pending, or when if the convenience of
8.9 	the parties or the ends of justice would be promoted by the
8.10 	change. No summons shall be required if a joint petition is
8.11 	filed.

8.12 	Sec. 15. Minnesota Statutes 2004, section 518.091,
8.13 	subdivision 1, is amended to read:
8.14 		Subdivision 1.Temporary restraining orders.  (a) Every
8.15 	summons must include the notice in this subdivision.
8.16 	NOTICE OF TEMPORARY RESTRAINING AND ALTERNATIVE DISPUTE
8.17 	RESOLUTION PROVISIONS
8.18 	UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE
8.19 	FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION,
8.20 	UNLESS THEY ARE MODIFIED BY THE COURT OR THE PROCEEDING IS
8.21 	DISMISSED:
8.22 	(1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR
8.23 	THE NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF
8.24 	INCOME OR PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN
8.25 	WRITING, OR (iii) FOR RETAINING COUNSEL TO CARRY ON OR TO
8.26 	CONTEST THIS PROCEEDING;
8.27 	(2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND
8.28 	(3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE
8.29 	MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR
8.30 	BENEFICIARY DESIGNATION.
8.31 	IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT
8.32 	TO SANCTIONS BY THE COURT.
8.33 	(4) PARTIES TO A MARRIAGE DISSOLUTION PROCEEDING ARE
8.34 	ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO
8.35 	MINNESOTA LAW.  ALTERNATIVE DISPUTE RESOLUTION INCLUDES
8.36 	MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET FORTH IN THE
9.1 	DISTRICT COURT RULES.  YOU MAY CONTACT THE COURT ADMINISTRATOR
9.2 	ABOUT RESOURCES IN YOUR AREA. IN SOME COUNTIES,IF YOU CANNOT
9.3 	PAY FOR MEDIATION OR ALTERNATIVE DISPUTE RESOLUTION, IN SOME
9.4 	COUNTIES,ASSISTANCE MAY BE AVAILABLE TO YOU THROUGH A NONPROFIT
9.5 	PROVIDER OR A COURT PROGRAM.  IF YOU ARE A VICTIM OF DOMESTIC
9.6 	ABUSE OR THREATS OF ABUSE AS DEFINED IN MINNESOTA STATUTES,
9.7 	CHAPTER 518B, YOU ARE NOT REQUIRED TO TRY MEDIATION AND YOU WILL
9.8 	NOT BE PENALIZED BY THE COURT IN LATER PROCEEDINGS.
9.9 	(b) Upon service of the summons, the restraining provisions
9.10 	contained in the notice apply by operation of law upon both
9.11 	parties until modified by further order of the court or
9.12 	dismissal of the proceeding, unless more than one year has
9.13 	passed since the last document was filed with the court.

9.14 	Sec. 16. Minnesota Statutes 2004, section 518.10, is
9.15 	amended to read:
9.16 	518.10 REQUISITES OF PETITION.
9.17 	The A petition for dissolution of marriage or legal
9.18 	separation shall must state and allege:
9.19 	(a) (1) the name, address, and, in circumstances in which
9.20 	child support or spousal maintenance will be addressed, Social
9.21 	Security number of the petitioner and any prior or other name
9.22 	used by the petitioner;
9.23 	(b) (2) the name and, if known, the address and, in
9.24 	circumstances in which child support or spousal maintenance will
9.25 	be addressed, Social Security number of the respondent and any
9.26 	prior or other name used by the respondent and known to the
9.27 	petitioner;
9.28 	(c) (3) the place and date of the marriage of the parties;
9.29 	(d) (4) in the case of a petition for dissolution, that
9.30 	either the petitioner or the respondent or both:
9.31 	(1) (i) has resided in this state for not less than 180
9.32 	days immediately preceding the commencement of the proceeding,
9.33 	or ;
9.34 	(2) (ii) has been a member of the armed services and has
9.35 	been stationed in this state for not less than 180 days
9.36 	immediately preceding the commencement of the proceeding,;or
10.1 	(3) (iii) has been a domiciliary of this state for not less
10.2 	than 180 days immediately preceding the commencement of the
10.3 	proceeding;
10.4 	(e) (5) the name at the time of the petition and any prior
10.5 	or other name, Social Security number, age, and date of birth of
10.6 	each living minor or dependent child of the parties born before
10.7 	the marriage or born or adopted during the marriage and a
10.8 	reference to, and the expected date of birth of, a child of the
10.9 	parties conceived during the marriage but not born;
10.10 	(f) (6) whether or not a separate proceeding for
10.11 	dissolution, legal separation, or custody is pending in a court
10.12 	in this state or elsewhere;
10.13 	(g) (7) in the case of a petition for dissolution, that
10.14 	there has been an irretrievable breakdown of the marriage
10.15 	relationship;
10.16 	(h) (8) in the case of a petition for legal separation,
10.17 	that there is a need for a decree of legal separation;
10.18 	(i) (9) any temporary or permanent maintenance, child
10.19 	support, child custody, disposition of property, attorneys'
10.20 	fees, costs and disbursements applied for without setting forth
10.21 	the amounts; and
10.22 	(j) (10) whether an order for protection under chapter 518B
10.23 	or a similar law of another state that governs the parties or a
10.24 	party and a minor child of the parties is in effect and, if so,
10.25 	the district court or similar jurisdiction in which it was
10.26 	entered.
10.27 	The petition shall must be verified by the petitioner or
10.28 	petitioners, and its allegations established by competent
10.29 	evidence.

10.30 	Sec. 17. Minnesota Statutes 2004, section 518.11, is
10.31 	amended to read:
10.32 	518.11 SERVICE; ALTERNATE SERVICE; PUBLICATION.
10.33 	(a) Unless a proceeding is brought by both parties, copies
10.34 	of the summons and petition shall must be served on the
10.35 	respondent personally.
10.36 	(b) When Service is made out of this state and within the
11.1 	United States, it may be proved by the affidavit of the person
11.2 	making the same service. When Service is made without 
11.3 	outside of the United States it may be proved by the affidavit
11.4 	of the person making the same service, taken before and
11.5 	certified:
11.6 	(1) by any United States minister, charge d'affaires,
11.7 	commissioner, consul or commercial agent, or other consular or
11.8 	diplomatic officer of the United States appointed to reside
11.9 	in such the country, including all deputies a deputy or other
11.10 	representatives representative of such the officer authorized to
11.11 	perform their the officer's duties; or
11.12 	(2) before an officer authorized to administer an oath with
11.13 	the certificate of an officer of a court of record of the
11.14 	country wherein such in which the affidavit is taken as to the
11.15 	identity and authority of the officer taking the same affidavit.
11.16 	(c) If personal service cannot be made, the court may order
11.17 	service of the summons by alternate means.  The application for
11.18 	alternate service must include the last known location of the
11.19 	respondent; the petitioner's most recent contacts with the
11.20 	respondent; the last known location of the respondent's
11.21 	employment; the names and locations of the respondent's parents,
11.22 	siblings, children, and other close relatives; the names and
11.23 	locations of other persons who are likely to know the
11.24 	respondent's whereabouts; and a description of efforts to locate
11.25 	those persons.
11.26 	The court shall must consider the length of time the
11.27 	respondent's location has been unknown, the likelihood that the
11.28 	respondent's location will become known, the nature of the
11.29 	relief sought, and the nature of efforts made to locate the
11.30 	respondent.  The court shall must order service by first class
11.31 	mail, forwarding address requested, to any addresses where there
11.32 	is a reasonable possibility that mail or information will be
11.33 	forwarded or communicated to the respondent or, if no address so
11.34 	qualifies, then to the respondent's last known address.
11.35 	If the petitioner seeks disposition of real estate located
11.36 	within the state of in Minnesota, the court shall must order
12.1 	that the summons, which shall must contain the legal description
12.2 	of the real estate, be published in the county where the real
12.3 	estate is located.  The court may also order publication, within
12.4 	or without the state, but only if it might reasonably succeed in
12.5 	notifying the respondent of the proceeding.  Also, the court may
12.6 	require the petitioner to make efforts to locate the respondent
12.7 	by telephone calls to appropriate persons.  Service shall be is 
12.8 	deemed complete 21 days after mailing or 21 days after
12.9 	court-ordered publication.

12.10 	Sec. 18. Minnesota Statutes 2004, section 518.12, is
12.11 	amended to read:
12.12 	518.12 TIME FOR ANSWERING.
12.13 	The respondent shall have has 30 days in which to answer
12.14 	the petition.  In case of service by publication, the 30
12.15 	days shall does not begin to run until the expiration of the
12.16 	period allowed for publication.  In the case of a
12.17 	counterpetition for dissolution or legal separation to a
12.18 	petition for dissolution or legal separation, no answer shall be 
12.19 	is required to the counterpetition and the original
12.20 	petitioner shall be is deemed to have denied each and every
12.21 	statement, allegation,and claim in the counterpetition.

12.22 	Sec. 19. Minnesota Statutes 2004, section 518.13, is
12.23 	amended to read:
12.24 	518.13 FAILURE TO ANSWER; FINDINGS; HEARING.
12.25 		Subdivision 1.Default. If the respondent does not
12.26 	appear after service duly made and proved, the court may hear
12.27 	and determine the proceeding as a default matter.
12.28 		Subd. 2.Dispute over irretrievable breakdown. If one of
12.29 	the parties has denied under oath or affirmation that the
12.30 	marriage is irretrievably broken, the court shall must consider
12.31 	all relevant factors, including the circumstances that gave rise
12.32 	to the commencement of the proceeding and the prospect of
12.33 	reconciliation, and shall make a finding whether the marriage is
12.34 	irretrievably broken.
12.35 	A finding of irretrievable breakdown under this subdivision
12.36 	is a determination that there is no reasonable prospect of
13.1 	reconciliation.  The finding must be supported by evidence that
13.2 	(i) the parties have lived separate and apart for a period of
13.3 	not less than 180 days immediately preceding the commencement of
13.4 	the proceeding, or (ii) there is serious marital discord
13.5 	adversely affecting the attitude of one or both of the parties
13.6 	toward the marriage.
13.7 		Subd. 3.Agreement over irretrievable breakdown. If both
13.8 	parties by petition or otherwise have stated under oath or
13.9 	affirmation that the marriage is irretrievably broken,or one of
13.10 	the parties has so stated and the other has not denied it, the
13.11 	court, after hearing, shall must make a finding that the
13.12 	marriage is irretrievably broken.
13.13 		Subd. 4.Referee; open court. The court or judge, upon
13.14 	application, may refer the proceeding to a referee to take and
13.15 	report the evidence therein.  Hearings for dissolution of
13.16 	marriage shall must be heard in open court or before a referee
13.17 	appointed by the court to receive the testimony of the
13.18 	witnesses,or depositions taken as in other equitable actions.
13.19 	However, the court may in its discretion close the hearing.
13.20 		Subd. 5.Approval without hearing. Proposed findings of
13.21 	fact, conclusions of law, order for judgment, and judgment and
13.22 	decree must be submitted to the court for approval and filing
13.23 	without a final hearing in the following situations:
13.24 	(1) if there are no minor children of the marriage, and (i)
13.25 	the parties have entered into a written stipulation, or (ii) the
13.26 	respondent has not appeared after service duly made and proved
13.27 	by affidavit and at least 20 days have elapsed since the time
13.28 	for answering under section 518.12 expired; or
13.29 	(2) if there are minor children of the marriage, the
13.30 	parties have signed and acknowledged a stipulation, and all
13.31 	parties are represented by counsel.
13.32 	Notwithstanding clause (1) or (2), the court shall must 
13.33 	schedule the matter for hearing in any case where if the
13.34 	proposed judgment and decree does not appear to be in the best
13.35 	interests of the minor children or is contrary to the interests
13.36 	of justice.

14.1 	Sec. 20. Minnesota Statutes 2004, section 518.131, is
14.2 	amended to read:
14.3 	518.131 TEMPORARY ORDERS AND RESTRAINING ORDERS.
14.4 		Subdivision 1.Permissible orders. In a proceeding
14.5 	brought for custody, dissolution, or legal separation, or for
14.6 	disposition of property,or maintenance, or child support 
14.7 	following the dissolution of a marriage, either party may, by
14.8 	motion, request from the court and the court may grant a
14.9 	temporary order pending the final disposition of the proceeding
14.10 	to or for:
14.11 	(a) (1) temporary custody and parenting time regarding the
14.12 	minor children of the parties;
14.13 	(b) (2) temporary maintenance of either spouse;
14.14 	(c) Temporary child support for the children of the
14.15 	parties;
14.16 	(d) (3) temporary costs and reasonable attorney fees;
14.17 	(e) Award the (4) temporary use and possession, exclusive
14.18 	or otherwise, of the family home, furniture, household goods,
14.19 	automobiles, and other property of the parties;
14.20 	(f) (5) restrain one or both parties from transferring,
14.21 	encumbering, concealing, or disposing of property except in the
14.22 	usual course of business or for the necessities of life, and to
14.23 	account to the court for all such transfers, encumbrances,
14.24 	dispositions, and expenditures made after the order is served or
14.25 	communicated to the party restrained in open court;
14.26 	(g) (6) restrain one or both parties from harassing,
14.27 	vilifying, mistreating, molesting, disturbing the peace, or
14.28 	restraining the liberty of the other party or the children of
14.29 	the parties;
14.30 	(h) (7) restrain one or both parties from removing any
14.31 	minor child of the parties from the jurisdiction of the court;
14.32 	(i) (8) exclude a party from the family home of the parties
14.33 	or from the home of the other party; and
14.34 	(j) (9) require one or both of the parties to perform or to
14.35 	not perform such additional acts as that will facilitate the
14.36 	just and speedy disposition of the proceeding,or will protect
15.1 	the parties or their children from physical or emotional harm.
15.2 		Subd. 2.Impermissible orders. No A temporary order
15.3 	shall must not:
15.4 	(a) (1) deny parenting time to a parent unless the court
15.5 	finds that the parenting time is likely to cause physical or
15.6 	emotional harm to the child;
15.7 	(b) (2) exclude a party from the family home of the parties
15.8 	unless the court finds that physical or emotional harm to one of
15.9 	the parties or to the children of the parties is likely to
15.10 	result, or that the exclusion is reasonable in the
15.11 	circumstances; or
15.12 	(c) (3) vacate or modify an order granted under section
15.13 	518B.01, subdivision 6, paragraph (a), clause (1), restraining
15.14 	an abusing party from committing acts of domestic abuse, except
15.15 	that the court may hear a motion for modification of an order
15.16 	for protection concurrently with a proceeding for dissolution of
15.17 	marriage upon notice of motion and motion.  The notice required
15.18 	by court rule shall must not be waived.  If the proceedings are
15.19 	consolidated and the motion to modify is granted, a separate
15.20 	order for modification of an order for protection shall must be
15.21 	issued.
15.22 		Subd. 3.Ex parte restraining order; limitations. A
15.23 	party may request and the court may make an ex parte restraining
15.24 	order which may include that includes any matter that may be
15.25 	included in a temporary order except it may not:
15.26 	(a) A restraining order may not (1) exclude either party
15.27 	from the family home of the parties except upon a finding by the
15.28 	court of immediate danger of physical harm to the other party or
15.29 	the children of either party; and or 
15.30 	(b) A restraining order may not (2) deny parenting time to
15.31 	either party or grant custody of the minor children to either
15.32 	party except upon a finding by the court of immediate danger of
15.33 	physical harm to the minor children of the parties.
15.34 		Subd. 4.Hearing on restraining order; duration. A 
15.35 	restraining orders shall order must be personally served upon
15.36 	the party to be restrained and shall be accompanied along with a
16.1 	notice of the time and place of a hearing for a temporary order 
16.2 	for disposition of the matters contained in the restraining
16.3 	order at a hearing for a temporary order. When If a restraining
16.4 	order has been issued, a hearing on the temporary order shall 
16.5 	must be held at the earliest practicable date.  The restrained
16.6 	party may upon written notice to the other party advance the
16.7 	hearing date to a time earlier than that noticed by the other
16.8 	party.  The restraining order shall continue continues in full
16.9 	force and effect only until the hearing time noticed, unless the
16.10 	court, for good cause and upon notice extends the time for
16.11 	hearing.
16.12 		Subd. 5.Duration of temporary order. A temporary
16.13 	order shall continue continues in full force and effect until
16.14 	the earlier of its amendment or vacation, dismissal of the main
16.15 	action,or entry of a final decree of dissolution or legal
16.16 	separation.
16.17 		Subd. 6.Effect of dismissal of main action. If a
16.18 	proceeding for dissolution or legal separation is dismissed, a
16.19 	temporary custody order is vacated unless one of the parties or
16.20 	the child's custodian moves that the proceeding continue as a
16.21 	custody proceeding and the court finds, after a hearing, that
16.22 	the circumstances of the parties and the best interests of the
16.23 	child require that a custody order be issued.
16.24 		Subd. 7.Guiding factors. The court shall must be guided
16.25 	by the factors set forth in sections 518.551 (concerning child
16.26 	support),518.552 (concerning maintenance), 518.17 to 518.175
16.27 	517B.17, 517B.18, and 517B.25(concerning custody and parenting
16.28 	time), and 518.14 (concerning costs and attorney fees) in making
16.29 	temporary orders and restraining orders.
16.30 		Subd. 8.Basis for order. Temporary orders shall must be
16.31 	made solely on the basis of affidavits and argument of counsel
16.32 	except upon demand by either party in a motion or responsive
16.33 	motion made within the time limit for making and filing a
16.34 	responsive motion that the matter be heard on oral testimony
16.35 	before the court, or if the court in its discretion orders the
16.36 	taking of oral testimony.
17.1 		Subd. 9.Prejudicial effect; revocation; modification. A
17.2 	temporary order or restraining order:
17.3 	(a) Shall (1) must not prejudice the rights of the parties
17.4 	or the child which are to be adjudicated at subsequent hearings
17.5 	in the proceeding; and
17.6 	(b) (2) may be revoked or modified by the court before the
17.7 	final disposition of the proceeding upon the same grounds and
17.8 	subject to the same requirements as the initial granting of the
17.9 	order.
17.10 		Subd. 10.Misdemeanor. In addition to being punishable
17.11 	by contempt, a violation of a provision of a temporary order or
17.12 	restraining order granting the relief authorized in subdivision
17.13 	1, clause (g) (6), (h) (7), or (i) (8), is a misdemeanor.
17.14 		Subd. 11.Temporary support and maintenance.
 17.15 	Temporary support and maintenance may be ordered during the time
17.16 	a parenting plan is being developed under section 518.1705.

17.17 	Sec. 21. Minnesota Statutes 2004, section 518.14,
17.18 	subdivision 1, is amended to read:
17.19 		Subdivision 1.General. (a) Except as provided in
17.20 	subdivision 2, in a proceeding under this chapter or chapter
17.21 	517B or 517C, the court shall must award attorney fees, costs,
17.22 	and disbursements in an amount necessary to enable a party to
17.23 	carry on or contest the proceeding, provided if it finds that:
17.24 	(1) that the fees are necessary for the good-faith
17.25 	assertion of the party's rights in the proceeding and will not
17.26 	contribute unnecessarily to the length and expense of the
17.27 	proceeding;
17.28 	(2) that the party from whom fees, costs, and disbursements
17.29 	are sought has the means to pay them; and
17.30 	(3) that the party to whom fees, costs, and disbursements
17.31 	are awarded does not have the means to pay them.
17.32 	(b) Nothing in this section precludes the court from
17.33 	awarding, in its discretion, additional fees, costs, and
17.34 	disbursements against a party who unreasonably contributes to
17.35 	the length or expense of the proceeding.  Fees, costs, and
17.36 	disbursements provided for in this section may be awarded at any
18.1 	point in the proceeding, including a modification proceeding
18.2 	under sections 518.18 and 518.64.  The court may adjudge costs
18.3 	and disbursements against either party.  The court may authorize
18.4 	the collection of money awarded by execution, or out of property
18.5 	sequestered, or in any other manner within the power of the
18.6 	court.  An award of attorney's fees made by the court during the
18.7 	pendency of the proceeding or in the final judgment survives the
18.8 	proceeding and if not paid by the party directed to pay the same 
18.9 	them may be enforced as above provided in the manner provided in
18.10 	this paragraph or by a separate civil action brought in the
18.11 	attorney's own name.  If the proceeding is dismissed or
18.12 	abandoned prior to determination and award of attorney's fees,
18.13 	the court may nevertheless award attorney's fees upon the
18.14 	attorney's motion.  The award shall also survive survives the
18.15 	proceeding and may be enforced in the same manner as last above 
18.16 	provided in this paragraph.

18.17 	Sec. 22. Minnesota Statutes 2004, section 518.148, is
18.18 	amended to read:
18.19 	518.148 CERTIFICATION OF DISSOLUTION.
18.20 		Subdivision 1.Certificate of dissolution. An attorney
18.21 	or pro se party may prepare and submit to the court a separate
18.22 	certificate of dissolution to be attached to the judgment and
18.23 	decree at the time of granting the dissolution of marriage.
18.24 	Upon approval by the court and filing of the certificate of
18.25 	dissolution with the court administrator, the court
18.26 	administrator shall must provide to any party upon request
18.27 	certified copies of the certificate of dissolution.
18.28 		Subd. 2.Required information. The certificate shall 
18.29 	must include the following information:
18.30 	(1) the full caption and file number of the case and the
18.31 	title "Certificate of Dissolution";
18.32 	(2) the names and any prior or other names of the parties
18.33 	to the dissolution;
18.34 	(3) the names of any living minor or dependent children as
18.35 	identified in the judgment and decree;
18.36 	(4) that the marriage of the parties is dissolved;
19.1 	(5) the date of the judgment and decree; and
19.2 	(6) the Social Security number of the parties to the
19.3 	dissolution and the Social Security number of any living minor
19.4 	or dependent children identified in the judgment and decree.
19.5 		Subd. 3.Certification. The certificate of
19.6 	dissolution shall be is conclusive evidence of the facts recited
19.7 	in the certificate.

19.8 	Sec. 23. Minnesota Statutes 2004, section 518.191,
19.9 	subdivision 1, is amended to read:
19.10 		Subdivision 1.Abbreviated judgment and decree.  If real
19.11 	estate is described in a judgment and decree of dissolution, the
19.12 	court may direct either of the parties or their legal counsel to
19.13 	prepare and submit to the court a proposed summary real estate
19.14 	disposition judgment.  Upon approval by the court and filing of
19.15 	the summary real estate disposition judgment with the court
19.16 	administrator, the court administrator shall must provide to any
19.17 	party upon request certified copies of the summary real estate
19.18 	disposition judgment.

19.19 	Sec. 24. Minnesota Statutes 2004, section 518.195,
19.20 	subdivision 2, is amended to read:
19.21 		Subd. 2.Procedure.  A couple qualifying under all of the
19.22 	criteria in subdivision 1, may obtain a judgment and decree by:
19.23 	(1) filing a sworn joint declaration, on which both of
19.24 	their signatures must be notarized, containing or appending the
19.25 	following information:
19.26 	(i) the demographic data required in section 518.10;
19.27 	(ii) verifying the qualifications set forth in subdivision
19.28 	1;
19.29 	(iii) listing each party's nonmarital property;
19.30 	(iv) setting forth how the marital assets and debts will be
19.31 	apportioned;
19.32 	(v) verifying both parties' income and preserving their
19.33 	rights to spousal maintenance; and
19.34 	(vi) certifying that there has been no domestic abuse of
19.35 	one party by the other; and
19.36 	(2) viewing any introductory and summary process
20.1 	educational videotapes, if then available from the court, and
20.2 	certifying that they watched any such tapes within the 30 days
20.3 	preceding the filing of the joint declaration.
20.4 	The district court administrator shall must enter a decree
20.5 	of dissolution 30 days after the filing of the joint declaration
20.6 	if the parties meet the statutory qualifications and have
20.7 	complied with the procedural requirements of this subdivision.

20.8 	Sec. 25. Minnesota Statutes 2004, section 518.195,
20.9 	subdivision 3, is amended to read:
20.10 		Subd. 3.Forms.  The state court administrator shall must 
20.11 	develop simplified forms and instructions for the summary
20.12 	process.  District court administrators shall must make the
20.13 	forms for the summary process available upon request and shall 
20.14 	must accept joint declarations for filing on and after July 1,
20.15 	1997.

20.16 	Sec. 26. Minnesota Statutes 2004, section 518.24, is
20.17 	amended to read:
20.18 	518.24 SECURITY; SEQUESTRATION; CONTEMPT.
20.19 	In all cases when If maintenance or support payments are
20.20 	ordered, the court may require sufficient security to be given
20.21 	for the payment of them according to the terms of the order.
20.22 	Upon neglect or refusal to give security,or upon failure to pay
20.23 	the maintenance or support, the court may sequester the
20.24 	obligor's personal estate and the rents and profits of real
20.25 	estate of the obligor,and appoint a receiver of them.  The
20.26 	court may cause the personal estate and the rents and profits of
20.27 	the real estate to be applied according to the terms of the
20.28 	order.  The obligor is presumed to have an income from a source
20.29 	sufficient to pay the maintenance or support order.  A child
20.30 	support or maintenance order constitutes prima facie evidence
20.31 	that the obligor has the ability to pay the award.  If the
20.32 	obligor disobeys the order, it is prima facie evidence of
20.33 	contempt.  The court may cite the obligor for contempt under
20.34 	this section, section 518.617, or chapter 588.

20.35 	Sec. 27. Minnesota Statutes 2004, section 518.25, is
20.36 	amended to read:
21.1 	518.25 REMARRIAGE; REVOCATION.
21.2 	When a dissolution has been granted, and the parties
21.3 	afterward intermarry If two people remarry each other after
21.4 	dissolution of their prior marriage, the court, upon their joint
21.5 	application,and upon satisfactory proof of such the marriage,
21.6 	may revoke all decrees and orders of dissolution, maintenance,
21.7 	and subsistence which will that do not affect the rights of
21.8 	third persons.

21.9 	Sec. 28. Minnesota Statutes 2004, section 518.27, is
21.10 	amended to read:
21.11 	518.27 NAME OF PARTY.
21.12 	Except as provided in section 259.13, in the final decree
21.13 	of dissolution or legal separation the court shall must, if
21.14 	requested by a party, change the name of that party to another
21.15 	name as the party requests.  The court shall must grant a
21.16 	request unless it finds that there is an intent to defraud or
21.17 	mislead, unless the name change is subject to section 259.13, in
21.18 	which case the requirements of that section apply.  The
21.19 	court shall must notify the parties that use of a different
21.20 	surname after dissolution or legal separation without complying
21.21 	with section 259.13, if applicable, is a gross misdemeanor.  The
21.22 	party's new name shall must be so designated in the final decree.

21.23 	Sec. 29. Minnesota Statutes 2004, section 518.54,
21.24 	subdivision 1, is amended to read:
21.25 		Subdivision 1.terms scope. For the purposes of sections
21.26 	518.54 to 518.66, the terms defined The definitions in this
21.27 	section shall have the meanings respectively ascribed to
21.28 	them apply to sections 517A.31 to 517A.41.

21.29 	Sec. 30. Minnesota Statutes 2004, section 518.54,
21.30 	subdivision 5, is amended to read:
21.31 		Subd. 5.Marital property; exceptions.  "Marital
21.32 	property" means property,real or personal property, including
21.33 	vested public or private pension plan benefits or rights,
21.34 	acquired by one or both of the parties, or either of them,to a
21.35 	dissolution, legal separation, or annulment proceeding at any
21.36 	time during the existence of the marriage relation between them,
22.1 	or at any time during which the parties were living together as
22.2 	husband and wife under a purported marriage relationship which
22.3 	is annulled in an annulment proceeding, but prior to the date of
22.4 	valuation under section 518.58, subdivision 1.  All property
22.5 	acquired by either spouse subsequent to the marriage and before
22.6 	the valuation date is presumed to be marital property regardless
22.7 	of whether title is held individually or by the spouses in a
22.8 	form of co-ownership such as joint tenancy, tenancy in common,
22.9 	tenancy by the entirety, or community property.  Each
22.10 	spouse shall be is deemed to have a common ownership in marital
22.11 	property that vests not later than the time of the entry of the
22.12 	decree in a proceeding for dissolution or annulment.  The extent
22.13 	of the vested interest shall must be determined and made final
22.14 	by the court pursuant to section 518.58.  If a title interest in
22.15 	real property is held individually by only one spouse, the
22.16 	interest in the real property of the nontitled spouse is not
22.17 	subject to claims of creditors or judgment or tax liens until
22.18 	the time of entry of the decree awarding an interest to the
22.19 	nontitled spouse.  The presumption of marital property is
22.20 	overcome by a showing that the property is nonmarital property.
22.21 	"Nonmarital property" means property real or personal,
22.22 	acquired by either spouse before, during, or after the existence
22.23 	of their marriage, which:
22.24 	(a) (1) is acquired as a gift, bequest, devise,or
22.25 	inheritance made by a third party to one but not to the other
22.26 	spouse;
22.27 	(b) (2) is acquired before the marriage;
22.28 	(c) (3) is acquired in exchange for or is the increase in
22.29 	value of property which is described in clauses (a), (b), (d),
22.30 	and (e) clause (1), (2), (4), or (5);
22.31 	(d) (4) is acquired by a spouse after the valuation date;
22.32 	or
22.33 	(e) (5) is excluded by a valid antenuptial contract.

22.34 	Sec. 31. Minnesota Statutes 2004, section 518.54,
22.35 	subdivision 6, is amended to read:
22.36 		Subd. 6.Income.  "Income" means any form of periodic
23.1 	payment to an individual including, but not limited to, wages,
23.2 	salaries, payments to an independent contractor, workers'
23.3 	compensation, unemployment benefits, and annuity, military and 
23.4 	or naval retirement, pension and or disability payments.
23.5 	"Income" does not include benefits received under Title IV-A of
23.6 	the Social Security Act and or chapter 256J are not income under
23.7 	this section.

23.8 	Sec. 32. Minnesota Statutes 2004, section 518.54,
23.9 	subdivision 7, is amended to read:
23.10 		Subd. 7.Obligee.  "Obligee" means a person to whom
23.11 	payments for maintenance or support are owed.

23.12 	Sec. 33. Minnesota Statutes 2004, section 518.54,
23.13 	subdivision 8, is amended to read:
23.14 		Subd. 8.Obligor.  "Obligor" means a person obligated to
23.15 	pay maintenance or support. A person who is designated as the
23.16 	sole physical custodian of a child is presumed not to be an
23.17 	obligor for purposes of calculating current support under
23.18 	section 518.551 unless the court makes specific written findings
23.19 	to overcome this presumption.

23.20 	Sec. 34. Minnesota Statutes 2004, section 518.55, is
23.21 	amended to read:
23.22 	518.55 MAINTENANCE OR SUPPORT MONEY.
23.23 		Subdivision 1.Contents of order. Every award of
23.24 	maintenance or support money in a judgment of dissolution or
23.25 	legal separation shall must clearly designate whether the same 
23.26 	it is maintenance or support money, or what part of the award is
23.27 	maintenance and what part is support money.  An award of
23.28 	payments from future income or earnings of the parent with whom
23.29 	the child resides is presumed to be maintenance and an award of
23.30 	payments from the future income or earnings of the parent with
23.31 	whom the child does not reside is presumed to be support money,
23.32 	unless otherwise designated by the court.  In a judgment of
23.33 	dissolution or legal separation the court may determine, as one
23.34 	of the issues of the case, whether or not either spouse is
23.35 	entitled to an award of maintenance notwithstanding that no
23.36 	award is then made, or it may reserve jurisdiction of the issue
24.1 	of maintenance for determination at a later date.
24.2 		Subd. 3.Notice of address or residence change. Every
24.3 	obligor shall must notify the obligee and the public authority
24.4 	responsible for collection, if applicable, of a change of
24.5 	address or residence within 60 days of the address or residence
24.6 	change.  Every order for support or maintenance must contain a
24.7 	conspicuous notice complying with section 518.68, subdivision
24.8 	2 517C.99.  The court may waive or modify the requirements of
24.9 	this subdivision by order if necessary to protect the obligor
24.10 	from contact by the obligee.
24.11 		Subd. 4.Determination of controlling order. The public
24.12 	authority or a party may request the district court to determine
24.13 	a controlling order in situations in which more than one order
24.14 	involving the same obligor and child exists.

24.15 	Sec. 35. Minnesota Statutes 2004, section 518.552, is
24.16 	amended to read:
24.17 	518.552 MAINTENANCE.
24.18 		Subdivision 1.Grounds. In a proceeding for dissolution
24.19 	of marriage or legal separation, or in a proceeding for
24.20 	maintenance following dissolution of the marriage by a court
24.21 	which lacked personal jurisdiction over the absent spouse and
24.22 	which has since acquired jurisdiction, the court may grant a
24.23 	maintenance order for either spouse if it finds that the spouse
24.24 	seeking maintenance:
24.25 	(a) (1) lacks sufficient property, including marital
24.26 	property apportioned to the spouse, to provide for reasonable
24.27 	needs of the spouse considering the standard of living
24.28 	established during the marriage, especially, but not limited to,
24.29 	a period of training or education,;or
24.30 	(b) (2) is unable to provide adequate self-support, after
24.31 	considering the standard of living established during the
24.32 	marriage and all relevant circumstances, through appropriate
24.33 	employment,;or is the custodian of 
24.34 	(3) if a child whose resides with the spouse and the
24.35 	child's condition or circumstances make it appropriate that
24.36 	the custodian spouse not be required to seek employment outside
25.1 	the home.
25.2 		Subd. 2.Amount; duration. The maintenance order shall 
25.3 	must be in amounts and for periods of time, either temporary or
25.4 	permanent, as that the court deems just, without regard to
25.5 	marital misconduct,and after considering all relevant factors
25.6 	including:
25.7 	(a) (1) the financial resources of the party seeking
25.8 	maintenance, including marital property apportioned to the
25.9 	party, and the party's ability to meet needs independently,
25.10 	including the extent to which a provision for support of a child
25.11 	living with the party includes a sum for that party as custodian 
25.12 	caretaker;
25.13 	(b) (2) the time necessary to acquire sufficient education
25.14 	or training to enable the party seeking maintenance to find
25.15 	appropriate employment, and the probability, given the party's
25.16 	age and skills, of completing education or training and becoming
25.17 	fully or partially self-supporting;
25.18 	(c) (3) the standard of living established during the
25.19 	marriage;
25.20 	(d) (4) the duration of the marriage and, in the case of a
25.21 	homemaker, the length of absence from employment and the extent
25.22 	to which any education, skills, or experience have become
25.23 	outmoded and earning capacity has become permanently diminished;
25.24 	(e) (5) the loss of earnings, seniority, retirement
25.25 	benefits, and other employment opportunities forgone by the
25.26 	spouse seeking spousal maintenance;
25.27 	(f) (6) the age,and the physical and emotional condition
25.28 	of the spouse seeking maintenance;
25.29 	(g) (7) the ability of the spouse from whom maintenance is
25.30 	sought to meet needs while meeting those of the spouse seeking
25.31 	maintenance; and
25.32 	(h) (8) the contribution of each party in the acquisition,
25.33 	preservation, depreciation, or appreciation in the amount or
25.34 	value of the marital property, as well as the contribution of a
25.35 	spouse as a homemaker or in furtherance of the other party's
25.36 	employment or business.
26.1 		Subd. 3.Permanency of award. Nothing in This section
26.2 	shall must not be construed to favor a temporary award of
26.3 	maintenance over a permanent award, where if the factors under
26.4 	subdivision 2 justify a permanent award.
26.5 	Where If there is some uncertainty as to the necessity of a
26.6 	permanent award, the court shall must order a permanent award
26.7 	leaving its order open for later modification.
26.8 		Subd. 4.Reopening maintenance awards. Section 518.145,
26.9 	subdivision 2, applies to maintenance awards of spousal
26.10 	maintenance.
26.11 		Subd. 5.Private agreements. The parties may expressly
26.12 	preclude or limit modification of maintenance through a
26.13 	stipulation,if the court makes specific findings that the
26.14 	stipulation is fair and ,equitable, is and supported by
26.15 	consideration described in the findings,and that full
26.16 	disclosure of each party's financial circumstances has
26.17 	occurred.  The stipulation must be made a part of the judgment
26.18 	and decree.

26.19 	Sec. 36. Minnesota Statutes 2004, section 518.58, is
26.20 	amended to read:
26.21 	518.58 DIVISION OF MARITAL PROPERTY.
26.22 		Subdivision 1.General. Upon a dissolution of a
26.23 	marriage, an annulment, or in a proceeding for disposition of
26.24 	property following a dissolution of marriage by a court which
26.25 	lacked personal jurisdiction over the absent spouse or lacked
26.26 	jurisdiction to dispose of the property and which has since
26.27 	acquired jurisdiction, the court shall must make a just and
26.28 	equitable division of the marital property of the parties
26.29 	without regard to marital misconduct, after making findings
26.30 	regarding the division of the property.  The court shall must 
26.31 	base its findings on all relevant factors including the length
26.32 	of the marriage, any prior marriage of a party, the age, health,
26.33 	station, occupation, amount and sources of income, vocational
26.34 	skills, employability, estate, liabilities, needs, opportunity
26.35 	for future acquisition of capital assets, and income of each
26.36 	party.  The court shall must also consider the contribution of
27.1 	each in the acquisition, preservation, depreciation,or
27.2 	appreciation in the amount or value of the marital property, as
27.3 	well as the contribution of a spouse as a homemaker.  It shall
27.4 	be is conclusively presumed that each spouse made a substantial
27.5 	contribution to the acquisition of income and property while
27.6 	they were living together as husband and wife.  The court may
27.7 	also award to either spouse the household goods and furniture of
27.8 	the parties, whether or not acquired during the marriage.  The
27.9 	court shall must value marital assets for purposes of division
27.10 	between the parties as of the day of the initially scheduled
27.11 	prehearing settlement conference, unless a different date is
27.12 	agreed upon by the parties,or unless the court makes specific
27.13 	findings that another date of valuation is fair and equitable.
27.14 	If there is a substantial change in value of an asset between
27.15 	the date of valuation and the final distribution, the court may
27.16 	adjust the valuation of that asset as necessary to effect an
27.17 	equitable distribution.
27.18 		Subd. 1a.Transfer, encumbrance, concealment, or
27.19 	disposition of marital assets. In contemplation of commencing
27.20 	or during the pendency of a marriage dissolution, separation, or
27.21 	annulment proceeding, or in contemplation of commencing a
27.22 	marriage dissolution, separation, or annulment proceeding,each
27.23 	party owes a fiduciary duty to the other for any profit or loss
27.24 	derived by the party, without the consent of the other, from a
27.25 	transaction or from any use by the party of the marital assets.
27.26 	If the court finds that a party to a marriage, without consent
27.27 	of the other party, has in contemplation of commencing,or
27.28 	during the pendency of,the current dissolution, separation, or
27.29 	annulment proceeding, transferred, encumbered, concealed, or
27.30 	disposed of marital assets except in the usual course of
27.31 	business or for the necessities of life, the court shall must 
27.32 	compensate the other party by placing both parties in the same
27.33 	position that they would have been in had the transfer,
27.34 	encumbrance, concealment, or disposal not occurred.  The burden
27.35 	of proof under this subdivision is on the party claiming that
27.36 	the other party transferred, encumbered, concealed, or disposed
28.1 	of marital assets in contemplation of commencing or during the
28.2 	pendency of the current dissolution, separation, or annulment
28.3 	proceeding,without consent of the claiming party, and that the
28.4 	transfer, encumbrance, concealment, or disposal was not in the
28.5 	usual course of business or for the necessities of life.  In
28.6 	compensating a party under this section, the court, in dividing
28.7 	the marital property, may impute the entire value of an asset
28.8 	and a fair return on the asset to the party who transferred,
28.9 	encumbered, concealed, or disposed of it.  Use of a power of
28.10 	attorney,or the absence of a restraining order against the
28.11 	transfer, encumbrance, concealment, or disposal of marital
28.12 	property is not available as a defense under this subdivision.
28.13 		Subd. 2.Award of nonmarital property. If the court
28.14 	finds that either spouse's resources or property, including the
28.15 	spouse's portion of the marital property as defined in section
28.16 	518.54, subdivision 5, are so inadequate as to work an unfair
28.17 	hardship, considering all relevant circumstances, the court may,
28.18 	in addition to the marital property, apportion up to one-half of
28.19 	the property otherwise excluded under section 518.54,
28.20 	subdivision 5, clauses (a) (1) to (d) (4), to prevent the unfair
28.21 	hardship.  If the court apportions property other than marital
28.22 	property, it shall must make findings in support of the
28.23 	apportionment.  The findings shall must be based on all relevant
28.24 	factors including the length of the marriage, any prior marriage
28.25 	of a party, the age, health, station, occupation, amount and
28.26 	sources of income, vocational skills, employability, estate,
28.27 	liabilities, needs, and opportunity for future acquisition of
28.28 	capital assets and income of each party.
28.29 		Subd. 3.Sale or distribution while proceeding pending.
 28.30 	(a) If the court finds that it is necessary to preserve the
28.31 	marital assets of the parties, the court may order the sale of
28.32 	the homestead of the parties or the sale of other marital
28.33 	assets, as the individual circumstances may require, during the
28.34 	pendency of a proceeding for a dissolution of marriage or an
28.35 	annulment.  If the court orders a sale, it may further provide
28.36 	for the disposition of the funds received from the sale during
29.1 	the pendency of the proceeding. If liquid or readily liquidated
29.2 	marital property other than property representing vested pension
29.3 	benefits or rights is available, the court, so far as possible,
29.4 	shall must divide the property representing vested pension
29.5 	benefits or rights by the disposition of an equivalent amount of
29.6 	the liquid or readily liquidated property.
29.7 	(b) The court may order a partial distribution of marital
29.8 	assets during the pendency of a proceeding for a dissolution of
29.9 	marriage or an annulment for good cause shown or upon the
29.10 	request of both parties, provided that as long as the court
29.11 	shall fully protect protects the interests of the other party.
29.12 		Subd. 4.Pension plans. (a) The division of marital
29.13 	property that represents pension plan benefits or rights in the
29.14 	form of future pension plan payments:
29.15 	(1) is payable only to the extent of the amount of the
29.16 	pension plan benefit payable under the terms of the plan;
29.17 	(2) is not payable for a period that exceeds the time that
29.18 	pension plan benefits are payable to the pension plan benefit
29.19 	recipient;
29.20 	(3) is not payable in a lump sum amount from pension plan
29.21 	assets attributable in any fashion to a spouse with the status
29.22 	of an active member, deferred retiree, or benefit recipient of a
29.23 	pension plan;
29.24 	(4) if the former spouse to whom the payments are to be
29.25 	made dies prior to the end of the specified payment period with
29.26 	the right to any remaining payments accruing to an estate or to
29.27 	more than one survivor, is payable only to a trustee on behalf
29.28 	of the estate or the group of survivors for subsequent
29.29 	apportionment by the trustee; and
29.30 	(5) in the case of public pension plan benefits or rights,
29.31 	may not commence until the public plan member submits a valid
29.32 	application for a public pension plan benefit and the benefit
29.33 	becomes payable.
29.34 	(b) The An individual retirement account plans plan 
29.35 	established under chapter 354B may provide in its plan document,
29.36 	if published and made generally available, for an alternative
30.1 	marital property division or distribution of individual
30.2 	retirement account plan assets.  If an alternative division or
30.3 	distribution procedure is provided, it applies in place of
30.4 	paragraph (a), clause (5).

30.5 	Sec. 37. Minnesota Statutes 2004, section 518.581, is
30.6 	amended to read:
30.7 	518.581 SURVIVING SPOUSE BENEFIT.
30.8 		Subdivision 1.Award of benefit. If a current or former
30.9 	employee's marriage is dissolved, the court may order the
30.10 	employee, the employee's pension plan, or both, to pay amounts
30.11 	as part of the division of pension rights that the court may
30.12 	make under section 518.58, or as an award of maintenance in the
30.13 	form of a percentage of periodic or other payments or in the
30.14 	form of a fixed dollar amount.  The court may, as part of the
30.15 	order, award a former spouse all or part of a survivor benefit
30.16 	unless the plan does not allow by law the payment of a surviving
30.17 	spouse benefit to a former spouse.
30.18 		Subd. 2.Payment of funds by retirement plan. (a) If the
30.19 	court has ordered that a spouse has an interest in a pension
30.20 	plan, the court may order the pension plan to withhold payment
30.21 	of a refund upon termination of employment or lump sum
30.22 	distribution to the extent of the spouse's interest in the plan,
30.23 	or to provide survivor benefits ordered by the court.
30.24 	(b) The court may not order the pension plan to:
30.25 	(1) pay more than the equivalent of one surviving spouse
30.26 	benefit, regardless of the number of spouses or former spouses
30.27 	who may be sharing in a portion of the total benefit;
30.28 	(2) pay surviving spouse benefits under circumstances where
30.29 	the plan member does not have a right to elect surviving spouse
30.30 	benefits;
30.31 	(3) pay surviving spouse benefits to a former spouse if the
30.32 	former spouse would not be eligible for benefits under the terms
30.33 	of the plan; or
30.34 	(4) order pay survivor benefits which, when combined with
30.35 	the annuity or benefit payable to the pension plan member,
30.36 	exceed the actuarial equivalent value of the normal retirement
31.1 	annuity form, determined under the plan documents of the pension
31.2 	plan then in effect and the actuarial assumptions then in effect
31.3 	for calculating optional annuity forms by the pension plan or
31.4 	for calculating the funding requirements of the pension plan if
31.5 	no optional annuity forms are provided by the pension plan.
31.6 	(c) If more than one spouse or former spouse is entitled to
31.7 	a surviving spouse benefit, the pension plan shall must pay each
31.8 	spouse a portion of the benefit based on the ratio of the number
31.9 	of years the spouse was married to the plan member to the total
31.10 	number of years the plan member was married to spouses who are
31.11 	entitled to the benefit.
31.12 		Subd. 3.Notice to former spouse. A pension plan
31.13 	shall must notify a former spouse of an application by the
31.14 	employee for a refund of pension benefits if the former spouse
31.15 	has filed with the pension plan:
31.16 	(1) a copy of the court order, including a withholding
31.17 	order, determining the former spouse's rights;
31.18 	(2) the name and last known address of the employee; and
31.19 	(3) the name and address of the former spouse.
31.20 	A pension plan shall must comply with an order, including a
31.21 	withholding order, issued by a court having jurisdiction over
31.22 	dissolution of marriage that is served on the pension plan, if
31.23 	the order states the name, last known address of the payees, and
31.24 	name and address of the former spouse,or if the names and
31.25 	addresses are provided to the pension plan with service of the
31.26 	order.
31.27 		Subd. 4.Definitions. For purposes of The definitions in
31.28 	this subdivision apply to this section, the following terms have
31.29 	the meanings given in this subdivision.
31.30 	(a) "Current or former employee" or "employee" means an
31.31 	individual who has an interest in a pension plan.
31.32 	(b) "Surviving spouse benefit" means (1) a benefit a
31.33 	surviving spouse may be eligible for under the laws and bylaws
31.34 	of the pension plan if the employee dies before retirement, or
31.35 	(2) a benefit selected for or available to a surviving spouse
31.36 	under the laws and bylaws of the pension plan upon the death of
32.1 	the employee after retirement.

32.2 	Sec. 38. Minnesota Statutes 2004, section 518.582, is
32.3 	amended to read:
32.4 	518.582 PROCEDURE FOR VALUING PENSION BENEFITS OR RIGHTS.
32.5 		Subdivision 1.Appointment of actuary. Each A court of
32.6 	this state that has with jurisdiction to decide marriage
32.7 	dissolution matters may appoint a qualified person experienced
32.8 	in the valuation of pension benefits and rights to function as
32.9 	an expert witness in valuing pension benefits or rights.
32.10 		Subd. 2.Standards. (a) A court-appointed actuary shall 
32.11 	must determine the present value of pension benefits or rights
32.12 	that are marital property of the parties to the action:
32.13 	(1) based on the applicable plan documents of the pension
32.14 	plan and the applicable actuarial assumptions specified for use
32.15 	in calculating optional annuity forms by the pension plan or for
32.16 	funding the pension plan, if reasonable,;or
32.17 	(2) as specified by the court.
32.18 	(b) The court-appointed actuary shall must report to the
32.19 	court and to the parties the present value of the pension
32.20 	benefits or rights that are marital property.
32.21 		Subd. 3.Compensation. The court-appointed actuary may
32.22 	be compensated at a rate established by the court.  The
32.23 	compensation of the court-appointed actuary shall must be
32.24 	allocated between the parties as the court directs.
32.25 		Subd. 4.Stipulation. In lieu of valuing pension
32.26 	benefits or rights through use of the court-appointed actuary,
32.27 	the parties may stipulate the present value of pension benefits
32.28 	or rights that are marital property.

32.29 	Sec. 39. Minnesota Statutes 2004, section 518.62, is
32.30 	amended to read:
32.31 	518.62 TEMPORARY ORDER;MAINTENANCE; HOMESTEAD.
32.32 	Temporary maintenance and temporary support may be awarded
32.33 	as provided in section 518.131.  The court may also award to
32.34 	either party to the proceeding, having due regard to all the
32.35 	circumstances and the party awarded the custody of the children,
32.36 	the right to the exclusive use of the household goods and
33.1 	furniture of the parties pending the proceeding and the right to
33.2 	the use of the homestead of the parties, exclusive or otherwise,
33.3 	pending the proceeding.  The court may order either party to
33.4 	remove from the homestead of the parties upon proper application
33.5 	to the court for an order pending the proceeding.

33.6 	Sec. 40. Minnesota Statutes 2004, section 518.64,
33.7 	subdivision 1, is amended to read:
33.8 		Subdivision 1.Authority. (a) After an order for
33.9 	temporary or permanent maintenance or support money, temporary
33.10 	or permanent,or for the appointment of trustees to receive
33.11 	property awarded as maintenance or support money, the court may
33.12 	from time to time, on motion of either of the parties, either
33.13 	party or the public authority responsible for support
33.14 	enforcement may move for modification.A copy of which is a
33.15 	motion by a party must be served on the public authority
33.16 	responsible for child support enforcement if payments are made
33.17 	through it, or on motion of the public authority responsible for
33.18 	support enforcement,.
33.19 	(b) The court may:
33.20 	(1) modify the order respecting the amount of
33.21 	maintenance or support money, and the its payment of it, and
33.22 	also respecting the or appropriation and payment of the
33.23 	principal and income of property held in trust,;and may 
33.24 	(2) make an order respecting these matters which it might
33.25 	have made in the original proceeding, except as herein otherwise
33.26 	provided subject to subdivisions 2 and 3.
33.27 	(c) A party or the public authority also may bring a motion
33.28 	for contempt of court if the obligor is in arrears in support or 
33.29 	maintenance payments.

33.30 	Sec. 41. Minnesota Statutes 2004, section 518.64,
33.31 	subdivision 2, is amended to read:
33.32 		Subd. 2.Modification.  (a) The terms of an order
33.33 	respecting maintenance or support may be modified upon a showing
33.34 	of one or more of the following:  (1) substantially increased or
33.35 	decreased earnings of a party; (2) substantially increased or
33.36 	decreased need of a party or the child or children that are the
34.1 	subject of these proceedings; (3) receipt of assistance under
34.2 	the AFDC program formerly codified under sections 256.72 to
34.3 	256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a
34.4 	change in the cost of living for either party as measured by the
34.5 	Federal Bureau of Statistics, any of which makes the terms
34.6 	unreasonable and unfair; (5) extraordinary medical expenses of
34.7 	the child not provided for under section 518.171; or (6) the
34.8 	addition of work-related or education-related child care
34.9 	expenses of the obligee or a substantial increase or decrease in
34.10 	existing work-related or education-related child care expenses.
34.11 	On a motion to modify support, the needs of any child the
34.12 	obligor has after the entry of the support order that is the
34.13 	subject of a modification motion shall be considered as provided
34.14 	by section 518.551, subdivision 5f.
34.15 	(b) It is presumed that there has been a substantial change
34.16 	in circumstances under paragraph (a) and the terms of a current
34.17 	support order shall be rebuttably presumed to be unreasonable
34.18 	and unfair if:
34.19 	(1) the application of the child support guidelines in
34.20 	section 518.551, subdivision 5, to the current circumstances of
34.21 	the parties results in a calculated court order that is at least
34.22 	20 percent and at least $50 per month higher or lower than the
34.23 	current support order;
34.24 	(2) the medical support provisions of the order established
34.25 	under section 518.171 are not enforceable by the public
34.26 	authority or the obligee;
34.27 	(3) health coverage ordered under section 518.171 is not
34.28 	available to the child for whom the order is established by the
34.29 	parent ordered to provide; or 
34.30 	(4) the existing support obligation is in the form of a
34.31 	statement of percentage and not a specific dollar amount.
34.32 	(c) (b) On a motion for modification of maintenance,
34.33 	including a motion for the extension of the duration of a
34.34 	maintenance award, the court shall must apply, in addition to
34.35 	all other relevant factors, the factors for an award of
34.36 	maintenance under section 518.552 that exist at the time of the
35.1 	motion. On a motion for modification of support, the court:
35.2 	(1) shall apply section 518.551, subdivision 5, and shall
35.3 	not consider the financial circumstances of each party's spouse,
35.4 	if any; and 
35.5 	(2) shall not consider compensation received by a party for
35.6 	employment in excess of a 40-hour work week, provided that the
35.7 	party demonstrates, and the court finds, that:
35.8 	(i) the excess employment began after entry of the existing
35.9 	support order;
35.10 	(ii) the excess employment is voluntary and not a condition
35.11 	of employment;
35.12 	(iii) the excess employment is in the nature of additional,
35.13 	part-time employment, or overtime employment compensable by the
35.14 	hour or fractions of an hour;
35.15 	(iv) the party's compensation structure has not been
35.16 	changed for the purpose of affecting a support or maintenance
35.17 	obligation;
35.18 	(v) in the case of an obligor, current child support
35.19 	payments are at least equal to the guidelines amount based on
35.20 	income not excluded under this clause; and 
35.21 	(vi) in the case of an obligor who is in arrears in child
35.22 	support payments to the obligee, any net income from excess
35.23 	employment must be used to pay the arrearages until the
35.24 	arrearages are paid in full.
35.25 	(d) (c) A modification of support or maintenance, including
35.26 	interest that accrued pursuant to section 548.091, may be made
35.27 	retroactive only with respect to any period during which the
35.28 	petitioning party has pending a motion for modification but only
35.29 	from the date of service of notice of the motion on the
35.30 	responding party and on the public authority if public
35.31 	assistance is being furnished or the county attorney is the
35.32 	attorney of record.  However, modification may be applied to an
35.33 	earlier period if the court makes express findings that:
35.34 	(1) the party seeking modification was precluded from
35.35 	serving a motion by reason of a significant physical or mental
35.36 	disability, a material misrepresentation of another party, or
36.1 	fraud upon the court and that the party seeking modification,
36.2 	when no longer precluded, promptly served a motion;
36.3 	(2) the party seeking modification was a recipient of
36.4 	federal Supplemental Security Income (SSI), Title II Older
36.5 	Americans, Survivor's Disability Insurance (OASDI), other
36.6 	disability benefits, or public assistance based upon need during
36.7 	the period for which retroactive modification is sought;
36.8 	(3) the order for which the party seeks amendment was
36.9 	entered by default, the party shows good cause for not
36.10 	appearing, and the record contains no factual evidence, or
36.11 	clearly erroneous evidence regarding the individual obligor's
36.12 	ability to pay; or
36.13 	(4) the party seeking modification was institutionalized or
36.14 	incarcerated for an offense other than nonsupport of a child
36.15 	during the period for which retroactive modification is sought
36.16 	and lacked the financial ability to pay the support ordered
36.17 	during that time period.  In determining whether to allow the
36.18 	retroactive modification, the court shall consider whether and
36.19 	when a request was made to the public authority for support
36.20 	modification.
36.21 	The court may provide that a reduction in the amount allocated
36.22 	for child care expenses based on a substantial decrease in the
36.23 	expenses is effective as of the date the expenses decreased.
36.24 	(e) (d) Except for an award of the right of occupancy of
36.25 	the homestead, provided in under section 518.63, all divisions
36.26 	of real and personal property provided by section 518.58shall
36.27 	be are final, and may be revoked or modified only where if the
36.28 	court finds the existence of conditions that justify reopening a
36.29 	judgment under the laws of this state, including motions under
36.30 	section 518.145, subdivision 2.  The court may impose a lien or
36.31 	charge on the divided property at any time while the property,
36.32 	or subsequently acquired property, is owned by the parties or
36.33 	either of them, for the payment of maintenance or support money,
36.34 	or may sequester the property as is provided by under section
36.35 	518.24.
36.36 	(f) (e) The court need not hold an evidentiary hearing on a
37.1 	motion for modification of maintenance or support.
37.2 	(g) (f) Section 518.14shall govern governs the award of
37.3 	attorney fees for motions brought under this subdivision.

37.4 	Sec. 42. Minnesota Statutes 2004, section 518.641, is
37.5 	amended to read:
37.6 	518.641 COST-OF-LIVING ADJUSTMENTS IN MAINTENANCE OR CHILD
37.7 	SUPPORT ORDER.
37.8 		Subdivision 1.Requirement. (a) An order establishing,
37.9 	modifying, or enforcing maintenance or child support shall must 
37.10 	provide for a biennial adjustment in the amount to be paid based
37.11 	on a change in the cost of living.  An order that provides for a
37.12 	cost-of-living adjustment shall must specify the cost-of-living
37.13 	index to be applied and the date on which the cost-of-living
37.14 	adjustment shall become becomes effective.  The court may use
37.15 	the Consumer Price Index for all urban consumers,
37.16 	Minneapolis-St. Paul (CPI-U), the Consumer Price Index for wage
37.17 	earners and clerical, Minneapolis-St. Paul (CPI-W), or another
37.18 	cost-of-living index published by the Department of Labor which
37.19 	it specifically finds is more appropriate.  Cost-of-living
37.20 	increases under this section shall must be compounded.  The
37.21 	court may also increase the amount by more than the
37.22 	cost-of-living adjustment by agreement of the parties or by
37.23 	making further findings.
37.24 	(b) The adjustment becomes effective on the first of May of
37.25 	the year in which it is made, for cases in which payment is made
37.26 	to the public authority.  For cases in which payment is not made
37.27 	to the public authority, application for an adjustment may be
37.28 	made in any month but no application for an adjustment may be
37.29 	made sooner than two years after the date of the dissolution
37.30 	decree.  A court may waive the requirement of the cost-of-living
37.31 	clause if it expressly finds that the obligor's occupation or
37.32 	income, or both, does not provide for a cost-of-living
37.33 	adjustment or that the order for maintenance or child support 
37.34 	has a provision such as a step increase that has the effect of a
37.35 	cost-of-living clause.  The court may waive a cost-of-living
37.36 	adjustment in a maintenance order if the parties so agree in
38.1 	writing. The commissioner of human services may promulgate
38.2 	rules for child support adjustments under this section in
38.3 	accordance with the rulemaking provisions of chapter 14.Notice
38.4 	of this statute must comply with section 518.68, subdivision 2.
38.5 		Subd. 2.Notice. No adjustment under this section may be
38.6 	made unless the order provides for it and the notice provisions
38.7 	of this subdivision are followed.  The public authority or the
38.8 	obligee, if the obligee is requesting the cost-of-living
38.9 	adjustment, sends must send notice of the intended adjustment to
38.10 	the obligor at the obligor's last known address at least 20 days
38.11 	before the effective date of the adjustment.  The notice shall 
38.12 	must inform the obligor of the date on which the adjustment will
38.13 	become becomes effective and the procedures for contesting the
38.14 	adjustment.
38.15 		Subd. 2a.Procedures for contesting adjustment. (a) To
38.16 	contest cost-of-living adjustments initiated by the public
38.17 	authority or an obligee who has applied for or is receiving
38.18 	child support and maintenance collection services from the
38.19 	public authority, other than income withholding only services,
38.20 	the obligor, before the effective date of the adjustment, must:
38.21 	(1) file a motion contesting the cost-of-living adjustment
38.22 	with the court administrator; and
38.23 	(2) serve the motion by first-class mail on the public
38.24 	authority and the obligee.
38.25 	The hearing shall must take place in the expedited child
38.26 	support process as governed by section 484.702.
38.27 	(b) To contest cost-of-living adjustments initiated by an
38.28 	obligee who is not receiving child support and maintenance
38.29 	collection services from the public authority, or for by an
38.30 	obligee who receives income withholding only services from the
38.31 	public authority, the obligor must, before the effective date of
38.32 	the adjustment:
38.33 	(1) file a motion contesting the cost-of-living adjustment
38.34 	with the court administrator; and
38.35 	(2) serve the motion by first-class mail on the obligee.
38.36 	The hearing shall must take place in district court.
39.1 	(c) Upon receipt of a motion contesting the cost-of-living
39.2 	adjustment, the cost-of-living adjustment shall must be stayed
39.3 	pending further order of the court.
39.4 	(d) The court administrator shall must make available pro
39.5 	se motion forms for contesting a cost-of-living adjustment under
39.6 	this subdivision.
39.7 		Subd. 3.Result of hearing. If, at a hearing pursuant to
39.8 	this section, the obligor establishes an insufficient cost of
39.9 	living or other increase in income that prevents fulfillment of
39.10 	the adjusted maintenance or child support obligation, the court
39.11 	or child support magistrate may direct that all or part of the
39.12 	adjustment not take effect.  If, at the hearing, the obligor
39.13 	does not establish this insufficient increase in income, the
39.14 	adjustment shall must take effect as of the date it would have
39.15 	become effective had no hearing been requested.

39.16 	Sec. 43. Minnesota Statutes 2004, section 518.642, is
39.17 	amended to read:
39.18 	518.642 OVERPAYMENTS.
39.19 	If child support or maintenance is not assigned under
39.20 	section 256.741,and an obligor has overpaid a child support or 
39.21 	maintenance obligation because of a modification or error in the
39.22 	amount owed, the public authority shall must:
39.23 	(1) apply the amount of the overpayment to reduce the
39.24 	amount of any child support or maintenance-related arrearages or
39.25 	debts owed to the obligee; and
39.26 	(2) if an overpayment exists after the reduction of any
39.27 	arrearage or debt, reduce the amount of the child support 
39.28 	maintenance remitted to the obligee by an amount no greater than
39.29 	20 percent of the current monthly support or maintenance
39.30 	obligation and remit this amount to the obligor until the
39.31 	overpayment is reduced to zero.

39.32 	Sec. 44. Minnesota Statutes 2004, section 518.646, is
39.33 	amended to read:
39.34 	518.646 NOTICE OF ORDER.
39.35 	Whenever these laws require If a law requires service of a
39.36 	court's order on an employer, union,or payor of funds, service
40.1 	of a verified notice of order may be made in lieu thereof of the
40.2 	order.  The verified notice shall must contain the title of the
40.3 	action, the name of the court, the court file number, the date
40.4 	of the court order, and shall recite the operative provisions of
40.5 	the order.

40.6 	Sec. 45. Minnesota Statutes 2004, section 518.65, is
40.7 	amended to read:
40.8 	518.65 PROPERTY; SALE, PARTITION.
40.9 	In order to effect a division or award of property as is
40.10 	provided by under section 518.58, the court may order property
40.11 	sold or partitioned.  Personal property may be ordered sold in
40.12 	the manner directed by the court,and real estate may be
40.13 	partitioned in the manner provided by Minnesota Statutes 1949,
40.14 	chapter 558.

40.15 	Sec. 46. Minnesota Statutes 2004, section 518.68,
40.16 	subdivision 1, is amended to read:
40.17 		Subdivision 1.Requirement.  Every court order or
40.18 	judgment and decree that provides for child support, spousal
40.19 	maintenance, custody, or parenting time must contain certain
40.20 	notices as set out in subdivision 2.  The information in the
40.21 	notices must be concisely stated in plain language.  The notices
40.22 	must be in clearly legible print, but may not exceed two pages.
40.23 	An order or judgment and decree without the notice remains
40.24 	subject to all statutes.  The court may waive all or part of the
40.25 	notice required under subdivision 2 relating to parental rights
40.26 	under section 518.17, subdivision 3, if it finds it is necessary
40.27 	to protect the welfare of a party or child section 517C.99.

40.28 	Sec. 47. REVISOR'S INSTRUCTION.
 40.29 	The revisor of statutes must renumber the sections in
40.30 	Minnesota Statutes listed in column A as indicated in column B
40.31 	and correct cross-references to those sections throughout
40.32 	Minnesota Statutes and Minnesota Rules.
40.33 	A B
40.34 	518.002517A.02, subd. 5
40.35 	518.003517A.01
40.36 	518.005517A.02
41.1 	518.01517A.07
41.2 	518.02517A.08
41.3 	518.03517A.09
41.4 	518.04517A.10
41.5 	518.05517A.11
41.6 	518.055517A.12
41.7 	518.06517A.15
41.8 	518.07517A.16
41.9 	518.09517A.18
41.10 	518.091517A.19
41.11 	518.10517A.20
41.12 	518.11517A.22
41.13 	518.12517A.23
41.14 	518.13517A.24
41.15 	518.131517A.03
41.16 	518.14, subd. 1 517A.04
41.17 	518.145517A.28
41.18 	518.146517A.21
41.19 	518.148517A.26
41.20 	518.191517A.27
41.21 	518.195517A.17
41.22 	518.25517A.30
41.23 	518.27517A.25
41.24 	518.54, subd. 1 517A.31, subd. 1
41.25 	518.54, subd. 2a 517A.31, subd. 2
41.26 	518.54, subd. 2b 517A.31, subd. 3
41.27 	518.54, subd. 3 517A.31, subd. 4
41.28 	518.54, subd. 4 517A.31, subd. 5
41.29 	518.54, subd. 5 517A.31, subd. 6
41.30 	518.54, subd. 6 517A.31, subd. 7
41.31 	518.54, subd. 7 517A.31, subd. 8
41.32 	518.54, subd. 8 517A.31, subd. 9
41.33 	518.54, subd. 9 517A.31, subd. 10
41.34 	518.54, subd. 10 517A.31, subd. 11
41.35 	518.54, subd. 11 517A.31, subd. 12
41.36 	518.54, subd. 12 517A.31, subd. 13
42.1 	518.55, subd. 1 517A.32, subd. 4
42.2 	518.55, subd. 3 517A.32, subd. 5
42.3 	518.552, subd. 1 517A.32, subd. 1
42.4 	518.552, subd. 2 517A.32, subd. 2
42.5 	518.552, subd. 3 517A.32, subd. 3
42.6 	518.552, subd. 4 517A.32, subd. 6
42.7 	518.552, subd. 5 517A.32, subd. 7
42.8 	518.58517A.37
42.9 	518.581517A.39
42.10 	518.582517A.40
42.11 	518.63517A.41
42.12 	518.64, subd. 1 517A.34, subd. 1
42.13 	518.64, subd. 2 517A.34, subd. 2
42.14 	518.64, subd. 3 517A.32, subd. 8
42.15 	518.641, subd. 1 517A.33, subd. 1
42.16 	518.641, subd. 2 517A.33, subd. 2
42.17 	518.641, subd. 2a 517A.33, subd. 3
42.18 	518.641, subd. 3 517A.43, subd. 4
42.19 	518.642517A.35
42.20 	518.646517A.05
42.21 	518.65517A.38 

42.22 	Sec. 48. REPEALER.
 42.23 	Minnesota Statutes 2004, sections 518.14, subdivision 2;
42.24 	518.24; 518.55, subdivision 4; 518.62; 518.64, subdivisions 4,
42.25 	4a, and 5; and 518.68, are repealed.

42.26 	ARTICLE 2
42.27 	CUSTODY, PARENTING TIME, AND VISITATION
42.28 	GENERAL

42.29 	Section 1. [517B.01] DEFINITIONS.
42.30 		Subdivision 1.Scope. The definitions in this section
42.31 	apply to this chapter.

42.32 	Sec. 2. [517B.03] TEMPORARY ORDERS RELATING TO CUSTODY
42.33 	AND PARENTING TIME.
42.34 	(a) A temporary order for custody or parenting time may be
42.35 	sought under section 517A.03.
42.36 	(b) A party seeking a temporary custody order must submit
43.1 	with moving papers an affidavit setting forth facts supporting
43.2 	the requested order.  The party must give notice and a copy of
43.3 	the affidavit to other parties to the proceeding, who may file
43.4 	opposing affidavits.

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

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

43.14 	Sec. 5. [517B.17] CUSTODY OF CHILDREN.
43.15 		Subdivision 1.Custody order. Upon adjudging the nullity
43.16 	of a marriage, in a dissolution or legal separation proceeding,
43.17 	or in a child custody proceeding, the court must make a further
43.18 	order as it deems just and proper concerning:
43.19 	(1) the legal custody of each minor child of the parties,
43.20 	which must be sole or joint; and 
43.21 	(2) their physical custody and residence.
43.22 		Subd. 2.Standard; preference prohibited. In determining
43.23 	custody, the court must consider the best interests of the child
43.24 	and must not prefer one parent over the other solely on the
43.25 	basis of the sex of the parent.
43.26 		Subd. 3.The best interests of the child; factors. "The
43.27 	best interests of the child" means all relevant factors to be
43.28 	considered and evaluated by the court including:
43.29 	(1) the wishes of the child's parent or parents as to
43.30 	custody;
43.31 	(2) the reasonable preference of the child, if the court
43.32 	deems the child to be of sufficient age to express a preference;
43.33 	(3) the child's primary caretaker;
43.34 	(4) the intimacy of the relationship between each parent
43.35 	and the child;
43.36 	(5) the interaction and interrelationship of the child with
44.1 	a parent or parents, siblings, and any other person who may
44.2 	significantly affect the child's best interests;
44.3 	(6) the child's adjustment to home, school, and community;
44.4 	(7) the length of time the child has lived in a stable,
44.5 	satisfactory environment and the desirability of maintaining
44.6 	continuity;
44.7 	(8) the permanence, as a family unit, of the existing or
44.8 	proposed home;
44.9 	(9) the mental and physical health of all individuals
44.10 	involved; except that a disability, as defined in section
44.11 	363.01, of a parent or the child is not determinative of the
44.12 	custody of the child, unless the proposed custodial arrangement
44.13 	is not in the best interest of the child;
44.14 	(10) the capacity and disposition of the parties to give
44.15 	the child love, affection, and guidance, and to continue
44.16 	educating and raising the child in the child's culture and
44.17 	religion or creed, if any;
44.18 	(11) the child's cultural background;
44.19 	(12) the effect on the child of the actions of an abuser,
44.20 	if related to domestic abuse, as defined in section 518B.01,
44.21 	that has occurred between the parents or between a parent and
44.22 	another individual, whether or not the individual alleged to
44.23 	have committed domestic abuse is or ever was a family or
44.24 	household member of the parent;
44.25 	(13) except in cases in which a finding of domestic abuse
44.26 	as defined in section 518B.01 has been made, the disposition of
44.27 	each parent to encourage and permit frequent and continuing
44.28 	contact by the other parent with the child; and 
44.29 	(14) evidence of a violation of section 609.507.
44.30 		Subd. 4.Best interests determination. The court must
44.31 	make detailed findings on each of the factors in subdivision 3
44.32 	and explain how the factors led to its conclusion and to the
44.33 	determination of the best interests of the child.  In
44.34 	determining the best interests of a child, the court may not use
44.35 	one factor in subdivision 3 to the exclusion of all others.  The
44.36 	primary caretaker factor may not be used as a presumption in
45.1 	determining the best interests of the child.  The court shall
45.2 	not consider conduct of a parent that does not affect the
45.3 	parent's relationship to the child.

45.4 	Sec. 6. [517B.18] JOINT CUSTODY.
45.5 		Subdivision 1.Factors when joint custody is sought. In
45.6 	addition to the factors listed in section 517B.17, if either
45.7 	joint legal or joint physical custody is sought, the court must
45.8 	consider the following relevant factors:
45.9 	(1) the ability of the parents to cooperate in the rearing
45.10 	of their child;
45.11 	(2) methods for resolving disputes regarding any major
45.12 	decision concerning the life of the child, and the parents'
45.13 	willingness to use those methods;
45.14 	(3) whether it would be detrimental to the child if one
45.15 	parent were to have sole authority over the child's upbringing;
45.16 	and 
45.17 	(4) whether domestic abuse, as defined in section 518B.01,
45.18 	has occurred between the parents.
45.19 		Subd. 2.Presumptions; findings. (a) The court must use
45.20 	a rebuttable presumption that, upon request of either or both
45.21 	parents, joint legal custody is in the best interests of the
45.22 	child.  However, the court must use a rebuttable presumption
45.23 	that joint legal or physical custody is not in the best
45.24 	interests of the child if domestic abuse, as defined in section
45.25 	518B.01, has occurred between the parents.
45.26 	(b) If the court awards joint legal or physical custody
45.27 	over the objection of a parent, the court must make detailed
45.28 	findings on each of the factors in this section and explain how
45.29 	the factors led to its determination that joint custody would be
45.30 	in the best interests of the child.
45.31 		Subd. 3.Joint custody; support guidelines. An award of
45.32 	joint legal custody is not a reason for departure from the child
45.33 	support guidelines in sections 517C.12 to 517C.16.

45.34 	Sec. 7. [517B.19] CUSTODY; ACCESS RIGHTS OF PARENTS;
45.35 	LIMITATIONS.
45.36 		Subdivision 1.Access; limitations. (a) Whether sole or
46.1 	joint legal custody is ordered, the court must grant the rights
46.2 	in clauses (1) to (5) to each of the parties, unless specific
46.3 	findings are made under section 517C.99, subdivision 1.  Each
46.4 	party:
46.5 	(1) has the right of access to, and to receive copies of, a
46.6 	minor child's school, medical, dental, religious training, and
46.7 	other important records and information;
46.8 	(2) has the right of access to information regarding health
46.9 	or dental insurance available to a minor child;
46.10 	(3) must keep the other party informed as to the name and
46.11 	address of the school a minor child attends;
46.12 	(4) must notify the other party of any accident or serious
46.13 	illness of a minor child and the name of the health care
46.14 	provider and place of treatment; and 
46.15 	(5) has the right to reasonable access and telephone
46.16 	contact with a minor child.
46.17 	(b) Each party has the right to be informed by school
46.18 	officials about a child's welfare, educational progress, and
46.19 	status and to attend school and parent-teacher conferences.  The
46.20 	school is not required to hold a separate conference for each
46.21 	party.
46.22 	(c) The court may waive any of the rights under this
46.23 	subdivision if it finds it is necessary to protect the welfare
46.24 	of a party or child.

46.25 	Sec. 8. Minnesota Statutes 2004, section 518.003,
46.26 	subdivision 3, is amended to read:
46.27 		Subd. 3.Custody.  Unless otherwise agreed by the parties:
46.28 	(a) "Legal custody" means the right to determine the
46.29 	child's upbringing, including education, health care, and
46.30 	religious training.
46.31 	(b) "Joint legal custody" means that both parents have
46.32 	equal rights and responsibilities, including the right to
46.33 	participate in major decisions determining the child's
46.34 	upbringing, including education, health care, and religious
46.35 	training.
46.36 	(c) "Physical custody and residence" means the routine
47.1 	daily care and control and the residence of the child.
47.2 	(d) "Joint physical custody" means that the routine daily
47.3 	care and control and the residence of the child is structured
47.4 	between the parties.
47.5 	(e) Wherever used in this chapter, the term "Custodial
47.6 	parent" or "custodian" means the person who has the physical
47.7 	custody of the child at any particular time.
47.8 	(f) "Custody determination" means a court decision and
47.9 	court orders and instructions providing for the custody of a
47.10 	child, including parenting time, but does not include a decision
47.11 	relating to child support or any other monetary obligation of
47.12 	any person.
47.13 	(g) "Custody proceeding" includes proceedings in which a
47.14 	custody determination is one of several issues, such as an
47.15 	action for dissolution, divorce, or separation, and includes
47.16 	proceedings involving children who are in need of protection or
47.17 	services, domestic abuse, and paternity.

47.18 	Sec. 9. Minnesota Statutes 2004, section 518.155, is
47.19 	amended to read:
47.20 	518.155 CUSTODY DETERMINATIONS AND PARENTING TIME
47.21 	JURISDICTION.
47.22 	Notwithstanding any law to the contrary, a court in which a
47.23 	proceeding for dissolution, legal separation, or child custody
47.24 	has been commenced shall must not issue, revise, modify or amend
47.25 	any order, pursuant to sections 518.131, 518.165, 518.168,
47.26 	518.17, 518.175 or 518.18, which section 517B.03, 517B.08,
47.27 	517B.16, 517B.21, or 517B.25, that affects the custody of a
47.28 	minor child or the parenting time of a parent unless the court
47.29 	has jurisdiction over the matter pursuant to the provisions of 
47.30 	under chapter 518D.

47.31 	Sec. 10. Minnesota Statutes 2004, section 518.156, is
47.32 	amended to read:
47.33 	518.156 COMMENCEMENT OF CUSTODY PROCEEDING.
47.34 		Subdivision 1.Procedure. In a court of this state which 
47.35 	that has jurisdiction to decide child custody matters, a child
47.36 	custody proceeding is commenced by a parent:
48.1 	(1) by filing a petition for dissolution or legal
48.2 	separation; or
48.3 	(2) where if a decree of dissolution or legal separation
48.4 	has been entered or where none is sought, or when if paternity
48.5 	has been recognized under section 257.75, by filing a petition
48.6 	or motion seeking custody or parenting time with the child in
48.7 	the county where the child is permanently resident or where the
48.8 	child is found or where an earlier order for custody of the
48.9 	child has been entered.
48.10 		Subd. 2.Required notice. Written notice of a child
48.11 	custody or parenting time or visitation proceeding shall must be
48.12 	given to the child's parent, guardian, and custodian, who may
48.13 	appear and be heard and may file a responsive pleading.  The
48.14 	court may, upon a showing of good cause, permit the intervention
48.15 	of other interested parties.

48.16 	Sec. 11. Minnesota Statutes 2004, section 518.157,
48.17 	subdivision 1, is amended to read:
48.18 		Subdivision 1.Implementation; administration. By
48.19 	January 1, 1998,The chief judge of each judicial district or a
48.20 	designee shall must implement one or more parent education
48.21 	programs within the judicial district for the purpose of
48.22 	educating parents about the impact that divorce, the
48.23 	restructuring of families, and judicial proceedings have upon
48.24 	children and families; methods for preventing parenting time
48.25 	conflicts; and dispute resolution options.  The chief judge of
48.26 	each judicial district or a designee may require that children
48.27 	attend a separate education program designed to deal with the
48.28 	impact of divorce upon children as part of the parent education
48.29 	program.  Each parent education program must enable persons to
48.30 	have timely and reasonable access to education sessions.

48.31 	Sec. 12. Minnesota Statutes 2004, section 518.157,
48.32 	subdivision 2, is amended to read:
48.33 		Subd. 2.Minimum standards; plan.  The Minnesota Supreme
48.34 	Court should promulgate minimum standards for the implementation
48.35 	and administration of a parent education program.  The chief
48.36 	judge of each judicial district or a designee shall must submit
49.1 	a plan to the Minnesota conference of chief judges for their
49.2 	approval that is designed to implement and administer a parent
49.3 	education program in the judicial district.  The plan must be
49.4 	consistent with the minimum standards promulgated by the
49.5 	Minnesota Supreme Court.

49.6 	Sec. 13. Minnesota Statutes 2004, section 518.157,
49.7 	subdivision 3, is amended to read:
49.8 		Subd. 3.Attendance.  In a proceeding under this chapter
49.9 	where custody or parenting time is contested, the parents of a
49.10 	minor child shall must attend a minimum of eight hours in an
49.11 	orientation and education program that meets the minimum
49.12 	standards promulgated by the Minnesota Supreme Court.  In all
49.13 	other proceedings involving custody, support, or parenting time
49.14 	the court may order the parents of a minor child to attend a
49.15 	parent education program.  The program shall must provide the
49.16 	court with names of persons who fail to attend the parent
49.17 	education program as ordered by the court.  Persons who are
49.18 	separated or contemplating involvement in a dissolution,
49.19 	paternity, custody, or parenting time proceeding may attend a
49.20 	parent education program without a court order.  Unless
49.21 	otherwise ordered by the court, participation in a parent
49.22 	education program must begin within 30 days after the first
49.23 	filing with the court or as soon as practicable after that time
49.24 	based on the reasonable availability of classes for the program
49.25 	for the parent.  Parent education programs must offer an
49.26 	opportunity to participate at all phases of a pending or
49.27 	postdecree proceeding.  Upon request of a party and a showing of
49.28 	good cause, the court may excuse the party from attending the
49.29 	program.  If past or present domestic abuse, as defined in
49.30 	chapter 518B, is alleged, the court shall must not require the
49.31 	parties to attend the same parent education sessions and shall 
49.32 	must enter an order setting forth the manner in which the
49.33 	parties may safely participate in the program.

49.34 	Sec. 14. Minnesota Statutes 2004, section 518.157,
49.35 	subdivision 5, is amended to read:
49.36 		Subd. 5.Confidentiality.  Unless all parties agree in
50.1 	writing, statements made by a party during participation in a
50.2 	parent education program are inadmissible as evidence for any
50.3 	purpose, including impeachment.  No record may be made regarding
50.4 	a party's participation in a parent education program, except a
50.5 	record of attendance at and completion of the program as
50.6 	required under this section.  Instructors shall must not
50.7 	disclose information regarding an individual participant
50.8 	obtained as a result of participation in a parent education
50.9 	program.  Parent education instructors may not be subpoenaed or
50.10 	called as witnesses in court proceedings.

50.11 	Sec. 15. Minnesota Statutes 2004, section 518.157,
50.12 	subdivision 6, is amended to read:
50.13 		Subd. 6.Fee.  Except as provided in this subdivision,
50.14 	each person who attends a parent education program shall must 
50.15 	pay a fee to defray the cost of the program.  A party who
50.16 	qualifies for waiver of filing fees under section 563.01 is
50.17 	exempt from paying the parent education program fee,and the
50.18 	court shall must waive the fee or direct its payment under
50.19 	section 563.01.  Program providers shall implement a sliding fee
50.20 	scale.

50.21 	Sec. 16. Minnesota Statutes 2004, section 518.165, is
50.22 	amended to read:
50.23 	518.165 GUARDIANS FOR MINOR CHILDREN.
50.24 		Subdivision 1.Permissive appointment of guardian ad
50.25 	litem. In all proceedings for child custody or for dissolution
50.26 	or legal separation where custody or parenting time with a minor
50.27 	child is in issue, the court may appoint a guardian ad litem
50.28 	from a panel established by the court to represent the interests
50.29 	of the child.  The guardian ad litem shall must advise the court
50.30 	with respect to custody, support, and parenting time.
50.31 		Subd. 2.Required appointment of guardian ad litem. The
50.32 	court must appoint a guardian ad litem in all proceedings for
50.33 	child custody or for marriage dissolution or legal separation in
50.34 	which custody or parenting time with a minor child is an issue,
50.35 	if the court has reason to believe that the minor child is a
50.36 	victim of domestic child abuse or neglect, as those terms are
51.1 	defined in sections 260C.007 and 626.556, respectively, the
51.2 	court shall appoint a guardian ad litem.  The guardian ad
51.3 	litem shall must represent the interests of the child and advise
51.4 	the court with respect to custody, support, and parenting time.
51.5 	If the child is represented by a guardian ad litem in any other
51.6 	pending proceeding, the court may appoint that guardian to
51.7 	represent the child in the custody or parenting time
51.8 	proceeding.  No guardian ad litem need be appointed if the
51.9 	alleged domestic child abuse or neglect is before the court on a
51.10 	juvenile dependency and neglect petition.  Nothing in this
51.11 	subdivision requires the court to appoint a guardian ad litem in
51.12 	any proceeding for child custody, marriage dissolution, or legal
51.13 	separation in which an allegation of domestic child abuse or
51.14 	neglect has not been made.
51.15 		Subd. 2a.Responsibilities of guardian ad litem. A
51.16 	guardian ad litem shall must carry out the following
51.17 	responsibilities:
51.18 	(1) conduct an independent investigation to determine the
51.19 	facts relevant to the situation of the child and the family,
51.20 	which must include, unless specifically excluded by the court,
51.21 	reviewing relevant documents; meeting with and observing the
51.22 	child in the home setting and considering the child's wishes, as
51.23 	appropriate; and interviewing parents, caregivers, and others
51.24 	with knowledge relevant to the case;
51.25 	(2) advocate for the child's best interests by
51.26 	participating in appropriate aspects of the case and advocating
51.27 	for appropriate community services when necessary;
51.28 	(3) maintain the confidentiality of information related to
51.29 	a case, with the exception of sharing information as permitted
51.30 	by law to promote cooperative solutions that are in the best
51.31 	interests of the child;
51.32 	(4) monitor the child's best interests throughout the
51.33 	judicial proceeding; and
51.34 	(5) present written reports on the child's best interests
51.35 	that include conclusions and recommendations and the facts upon
51.36 	which they are based.
52.1 		Subd. 3.Fees. (a) A guardian ad litem appointed under
52.2 	either subdivision 1 or 2 may be appointed either as a volunteer
52.3 	or on a fee basis.  If a guardian ad litem is appointed on a fee
52.4 	basis, the court shall must enter an order for costs, fees, and
52.5 	disbursements in favor of the child's guardian ad litem.  The
52.6 	order may be made against either or both parties, except that
52.7 	any part of the costs, fees, or disbursements which the court
52.8 	finds the parties are incapable of paying shall must be borne by
52.9 	the state courts.  The costs of court-appointed counsel to the
52.10 	guardian ad litem shall must be paid by the county in which the
52.11 	proceeding is being held if a party is incapable of paying for
52.12 	them.  Until the recommendations of the task force created in
52.13 	Laws 1999, chapter 216, article 7, section 42, are implemented,
52.14 	the costs of court-appointed counsel to a guardian ad litem in
52.15 	the Eighth Judicial District shall must be paid by the state
52.16 	courts if a party is incapable of paying for them.  In no event
52.17 	may the court order that costs, fees, or disbursements be paid
52.18 	by a party receiving public assistance or legal assistance or by
52.19 	a party whose annual income falls below the poverty line as
52.20 	established under United States Code, title 42, section 9902(2).
52.21 	(b) In each fiscal year, the commissioner of finance shall 
52.22 	must deposit guardian ad litem reimbursements in the general
52.23 	fund and credit them to a separate account with the trial
52.24 	courts.  The balance of this account is appropriated to the
52.25 	trial courts and does not cancel but is available until
52.26 	expended.  Expenditures by the state court administrator's
52.27 	office from this account must be based on the amount of the
52.28 	guardian ad litem reimbursements received by the state from the
52.29 	courts in each judicial district.

52.30 	Sec. 17. Minnesota Statutes 2004, section 518.166, is
52.31 	amended to read:
52.32 	518.166 INTERVIEWS; RECOMMENDATIONS.
52.33 	The court may interview the child in chambers to ascertain
52.34 	the child's reasonable preference as to custodian regarding with
52.35 	which parent the child would reside, if the court deems the
52.36 	child to be of sufficient age to express preference.  The
53.1 	court shall must permit counsel to be present at the interview
53.2 	and shall must permit counsel to propound reasonable questions
53.3 	to the child either directly or through the court.  The
53.4 	court shall must cause a record of the interview to be made and
53.5 	to be made part of the record in the case unless waived by the
53.6 	parties.
53.7 	In contested custody proceedings, and in other custody
53.8 	proceedings if a parent or the child's custodian requests, the
53.9 	court may seek the recommendations of professional personnel
53.10 	whether or not they are employed on a regular basis by the
53.11 	court.  The recommendations given shall must be in writing and
53.12 	shall must be made available by the court to counsel upon
53.13 	request.  Counsel may call for cross-examination of professional
53.14 	personnel consulted by the court.

53.15 	Sec. 18. Minnesota Statutes 2004, section 518.167,
53.16 	subdivision 3, is amended to read:
53.17 		Subd. 3.Availability to counsel.  The court shall must 
53.18 	mail the investigator's report to counsel and to any party not
53.19 	represented by counsel at least ten days before the hearing.
53.20 	The investigator shall must maintain and, upon request, make
53.21 	available to counsel and to a party not represented by counsel
53.22 	the investigator's file of underlying data and reports, complete
53.23 	texts of diagnostic reports made to the investigator pursuant to
53.24 	the provisions of subdivision 2, and the names and addresses of
53.25 	all persons whom the investigator has consulted. The
53.26 	investigator and any person the investigator has consulted is
53.27 	subject to other pretrial discovery in accordance with the
53.28 	requirements of the Minnesota Rules of Civil Procedure.
53.29 	Mediation proceedings are not subject to discovery without
53.30 	written consent of both parties.  A party to the proceeding may
53.31 	call the investigator and any person whom the investigator has
53.32 	consulted for cross-examination at the hearing.  A party may not
53.33 	waive the right of cross-examination before the hearing.

53.34 	Sec. 19. Minnesota Statutes 2004, section 518.167,
53.35 	subdivision 4, is amended to read:
53.36 		Subd. 4.use at discovery;hearing. The investigator and
54.1 	any person the investigator has consulted is subject to other
54.2 	pretrial discovery in accordance with the requirements of the
54.3 	Minnesota Rules of Civil Procedure.  Mediation proceedings are
54.4 	not subject to discovery without written consent of both
54.5 	parties.  A party to the proceeding may cross-examine at the
54.6 	hearing the investigator and any person whom the investigator
54.7 	has consulted for cross-examination.  A party may not waive the
54.8 	right of cross-examination before the hearing.The
54.9 	investigator's report may be received in evidence at the hearing.

54.10 	Sec. 20. Minnesota Statutes 2004, section 518.167,
54.11 	subdivision 5, is amended to read:
54.12 		Subd. 5.Costs.  The court shall must order all or part
54.13 	of the cost of the investigation and report to be paid by either
54.14 	or both parties, based on their ability to pay.  Any part of the
54.15 	cost that the court finds the parties are incapable of paying
54.16 	must be borne by the county welfare local social services agency
54.17 	or department of court services that performs the
54.18 	investigation.  The court may not order costs under this
54.19 	subdivision to be paid by a party receiving public assistance or
54.20 	legal assistance from a qualified legal services program or by a
54.21 	party whose annual income falls below the poverty line under
54.22 	United States Code, title 42, section 9902(2).

54.23 	Sec. 21. Minnesota Statutes 2004, section 518.168, is
54.24 	amended to read:
54.25 	518.168 HEARINGS.
54.26 	(a) Custody proceedings shall must receive priority in
54.27 	being set for hearing.
54.28 	(b) The court may tax as costs the payment of necessary
54.29 	travel and other expenses incurred by a person whose presence at
54.30 	the hearing the court deems necessary to determine the best
54.31 	interests of the child.
54.32 	(c) The court without a jury shall must determine questions
54.33 	of law and fact.  If it finds that a public hearing may be
54.34 	detrimental to the child's best interests, the court may exclude
54.35 	the public from a custody hearing, but may admit any person who
54.36 	has a direct interest in the particular case.
55.1 	(d) If the court finds it necessary for the protection of
55.2 	the child's welfare that the record of an interview, report,
55.3 	investigation, or testimony in a custody proceeding not be kept
55.4 	secret disclosed, the court may make an appropriate order
55.5 	sealing the record.

55.6 	Sec. 22. Minnesota Statutes 2004, section 518.1705,
55.7 	subdivision 2, is amended to read:
55.8 		Subd. 2.Plan elements.  (a) A parenting plan must
55.9 	include the following:
55.10 	(1) a schedule of the time each parent spends with the
55.11 	child;
55.12 	(2) a designation of decision-making responsibilities
55.13 	regarding the child; and
55.14 	(3) a method of dispute resolution.
55.15 	(b) A parenting plan may include other issues and matters
55.16 	the parents agree to regarding the child.
55.17 	(c) Parents voluntarily agreeing to parenting plans may
55.18 	substitute other terms for physical and legal custody, including
55.19 	designations of joint or sole custody, provided that if the
55.20 	terms used in the substitution are defined in the parenting plan.

55.21 	Sec. 23. Minnesota Statutes 2004, section 518.1705,
55.22 	subdivision 6, is amended to read:
55.23 		Subd. 6.Restrictions on preparation and content of
55.24 	parenting plan.  (a) Dispute resolution processes other than the
55.25 	judicial process may not be required in the preparation of a
55.26 	parenting plan if a parent is alleged to have committed domestic
55.27 	abuse toward a parent or child who is a party to, or subject of,
55.28 	the matter before the court.  In these cases, the court shall 
55.29 	must consider the appointment of a guardian ad litem and a
55.30 	parenting plan evaluator.
55.31 	(b) The court may not require a parenting plan that
55.32 	provides for joint legal custody or use of dispute resolution
55.33 	processes,other than the judicial process,if the court finds
55.34 	that section 518.179 applies,or the court finds that either
55.35 	parent has engaged in the following toward a parent or child who
55.36 	is a party to, or subject of, the matter before the court:
56.1 	(1) acts of domestic abuse, including physical harm, bodily
56.2 	injury, and infliction of fear of physical harm, assault,
56.3 	terroristic threats, or criminal sexual conduct;
56.4 	(2) physical, sexual, or a pattern of emotional abuse of a
56.5 	child; or
56.6 	(3) willful abandonment that continues for an extended
56.7 	period of time or substantial refusal to perform parenting
56.8 	functions.

56.9 	Sec. 24. Minnesota Statutes 2004, section 518.1705,
56.10 	subdivision 7, is amended to read:
56.11 		Subd. 7.Moving the child to another state.  Parents may
56.12 	agree, but the court must not require, that in a parenting plan
56.13 	the factors in section 518.17 or 257.025, as applicable, will
56.14 	govern a decision concerning removal of a child's residence from
56.15 	this state, provided that if:
56.16 	(1) both parents were represented by counsel when the
56.17 	parenting plan was approved; or
56.18 	(2) the court found the parents were fully informed, the
56.19 	agreement was voluntary, and the parents were aware of its
56.20 	implications.

56.21 	Sec. 25. Minnesota Statutes 2004, section 518.1705,
56.22 	subdivision 8, is amended to read:
56.23 		Subd. 8.Allocation of certain expenses.  (a) Parents
56.24 	creating a parenting plan are subject to the requirements of the
56.25 	child support guidelines under section 518.551sections 517C.12
56.26 	to 517C.18.
56.27 	(b) Parents may include in the parenting plan an allocation
56.28 	of expenses for the child.  The allocation is an enforceable
56.29 	contract between the parents.

56.30 	Sec. 26. Minnesota Statutes 2004, section 518.1705,
56.31 	subdivision 9, is amended to read:
56.32 		Subd. 9.Modification of parenting plans.  (a) Parents
56.33 	may modify the schedule of the time each parent spends with the
56.34 	child or the decision-making provisions of a parenting plan by
56.35 	agreement.  To be enforceable, modifications must be confirmed
56.36 	by court order.  A motion to modify decision-making provisions
57.1 	or the time each parent spends with the child may be made only
57.2 	within the time limits provided by section 518.18.
57.3 	(b) The parties may agree, but the court must not require
57.4 	them, to apply the best interests standard in section 518.17 or
57.5 	257.025, as applicable, for deciding a motion for modification
57.6 	that would change the child's primary residence, provided that 
57.7 	if:
57.8 	(1) both parties were represented by counsel when the
57.9 	parenting plan was approved; or
57.10 	(2) the court found the parties were fully informed, the
57.11 	agreement was voluntary, and the parties were aware of its
57.12 	implications.
57.13 	(c) If the parties do not agree to apply the best interests
57.14 	standard, section 518.18, paragraph (d), applies.

57.15 	Sec. 27. Minnesota Statutes 2004, section 518.175, is
57.16 	amended to read:
57.17 	518.175 PARENTING TIME.
57.18 		Subdivision 1.General. (a) In all proceedings for
57.19 	dissolution or legal separation, subsequent to the commencement
57.20 	of the proceeding and continuing thereafter during the minority
57.21 	of the child, the court shall must, upon the request of either
57.22 	parent, grant such parenting time on behalf of the child and a
57.23 	parent as that will enable the child and the parent to maintain
57.24 	a child to parent relationship that will be in the best
57.25 	interests of the child.
57.26 	(b) If the court finds, after a hearing, that parenting
57.27 	time with a parent is likely to endanger the child's physical or
57.28 	emotional health or impair the child's emotional development,
57.29 	the court shall must restrict parenting time with that parent as
57.30 	to time, place, duration, or supervision and may deny parenting
57.31 	time entirely, as the circumstances warrant.  The court shall 
57.32 	must consider the age of the child and the child's relationship
57.33 	with the parent prior to before the commencement of the
57.34 	proceeding.
57.35 	(c) A parent's failure to pay support because of the
57.36 	parent's inability to do so shall is not be sufficient cause for
58.1 	denial of parenting time.
58.2 	(b) (d) The court may provide that a law enforcement
58.3 	officer or other appropriate person will accompany a party
58.4 	seeking to enforce or comply with parenting time.
58.5 	(c) (e) Upon request of either party, to the extent
58.6 	practicable an order for parenting time must include a specific
58.7 	schedule for parenting time, including the frequency and
58.8 	duration of visitation and visitation during holidays and
58.9 	vacations, unless parenting time is restricted, denied, or
58.10 	reserved.
58.11 	(d) (f) The court administrator shall must provide a form
58.12 	for a pro se motion regarding parenting time disputes,
58.13 	which includes must include provisions for indicating the relief
58.14 	requested, an affidavit in which the party may state the facts
58.15 	of the dispute, and a brief description of the parenting time
58.16 	expeditor process under section 518.1751.  The form may not
58.17 	include a request for a change of custody.  The court shall must 
58.18 	provide instructions on serving and filing the motion.
58.19 		Subd. 1a.Domestic abuse; supervised parenting time. (a)
58.20 	If a parent requests supervised parenting time under subdivision
58.21 	1 or 5 and an order for protection under chapter 518B or a
58.22 	similar law of another state is in effect against the other
58.23 	parent to protect the child or the parent with whom the child
58.24 	resides or the child, the judge or judicial officer must
58.25 	consider the order for protection in making a decision regarding
58.26 	parenting time.
58.27 	(b) The state court administrator, in consultation with
58.28 	representatives of parents and other interested persons, shall 
58.29 	must develop standards to be met by persons who are responsible
58.30 	for supervising parenting time.  Either parent may challenge the
58.31 	appropriateness of an individual chosen by the court to
58.32 	supervise parenting time.
58.33 		Subd. 2.Rights of children and parents. Upon the
58.34 	request of either parent, the court may inform any child of the
58.35 	parties, if eight years of age or older, or otherwise of an age
58.36 	of suitable comprehension, of the rights of the child and each
59.1 	parent under the order or decree or any substantial amendment
59.2 	thereof of it.  The parent with whom the child resides shall 
59.3 	must present the child for parenting time with the other parent,
59.4 	at such the times as the court directs.
59.5 		Subd. 3.Move to another state. The parent with whom the
59.6 	child resides shall must not move the child's residence of the
59.7 	child to another state except upon order of the court or with
59.8 	the consent of the other parent, if the other parent has been
59.9 	given parenting time by the decree.  If the purpose of the move
59.10 	is to interfere with parenting time given to the other parent by
59.11 	the decree, the court shall must not permit the child's
59.12 	residence to be moved to another state.
59.13 		Subd. 5.Modification of parenting plan or order for
59.14 	parenting time. (a) If modification would serve the best
59.15 	interests of the child, the court shall must modify the
59.16 	decision-making provisions of a parenting plan or an order
59.17 	granting or denying parenting time, if the modification would
59.18 	not change the child's primary residence.  Except as provided in
59.19 	section 631.52, the court may not restrict parenting time unless
59.20 	it finds that:
59.21 	(1) parenting time is likely to endanger the child's
59.22 	physical or emotional health or impair the child's emotional
59.23 	development; or
59.24 	(2) the parent has chronically and unreasonably failed to
59.25 	comply with court-ordered parenting time.
59.26 	(b) If a parent makes specific allegations that parenting
59.27 	time by the other parent places the parent or child in danger of
59.28 	harm, the court shall must hold a hearing at the earliest
59.29 	possible time to determine the need to modify the order granting
59.30 	parenting time.  Consistent with subdivision 1a 2, the court may
59.31 	require a third party, including the local social services
59.32 	agency, to supervise the parenting time or may restrict a
59.33 	parent's parenting time if necessary to protect the other parent
59.34 	or child from harm.  If there is an existing order for
59.35 	protection governing the parties, the court shall must consider
59.36 	the use of an independent, neutral exchange location for
60.1 	parenting time.
60.2 		Subd. 6.Remedies. (a) The court may provide for one or
60.3 	more of the following remedies for denial of or interference
60.4 	with court-ordered parenting time as provided under this
60.5 	subdivision.  All parenting time orders must include notice of
60.6 	the provisions of this subdivision.
60.7 	(b) If the court finds that a person parent has been
60.8 	deprived of court-ordered parenting time, the court shall must 
60.9 	order the parent who has interfered caused the deprivation to
60.10 	allow compensatory parenting time to the other parent or the
60.11 	court shall must make specific findings as to why a request for
60.12 	compensatory parenting time is denied.  If compensatory
60.13 	parenting time is awarded, additional parenting time must be:
60.14 	(1) at least of the same type and duration as the deprived
60.15 	parenting time and, at the discretion of the court, may be in
60.16 	excess of or of a different type than the deprived parenting
60.17 	time;
60.18 	(2) taken within one year after the deprived parenting
60.19 	time; and
60.20 	(3) at a time acceptable to the parent deprived of
60.21 	parenting time.
60.22 	(c) If the court finds that a party has wrongfully failed
60.23 	to comply with a parenting time order or a binding agreement or
60.24 	decision under section 518.1751, the court may:
60.25 	(1) impose a civil penalty of up to $500 on the party;
60.26 	(2) require the party to post a bond with the court for a
60.27 	specified period of time to secure the party's compliance;
60.28 	(3) award reasonable attorney's fees and costs;
60.29 	(4) require the party who violated the parenting time order
60.30 	or binding agreement or decision of the parenting time expeditor
60.31 	to reimburse the other party for costs incurred as a result of
60.32 	the violation of the order or ,agreement,or decision; or
60.33 	(5) award any other remedy that the court finds to be in
60.34 	the best interests of the children involved.
60.35 	A civil penalty imposed under this paragraph must be
60.36 	deposited in the county general fund and must be used to fund
61.1 	the costs of a parenting time expeditor program in a county with
61.2 	this program.  In other counties, the civil penalty must be
61.3 	deposited in the state general fund.
61.4 	(d) If the court finds that a party has been denied
61.5 	parenting time and has incurred expenses in connection with the
61.6 	denied parenting time, the court may require the party who
61.7 	denied parenting time to post a bond in favor of the other party
61.8 	in the amount of prepaid expenses associated with upcoming
61.9 	planned parenting time.
61.10 	(e) Proof of an unwarranted denial of or interference with
61.11 	duly established parenting time may constitute contempt of court
61.12 	and may be sufficient cause for reversal of custody.
61.13 		Subd. 8.Additional parenting time for child care
61.14 	parent. The court may allow additional parenting time to a
61.15 	parent to provide child care while the other parent is working
61.16 	if this arrangement is reasonable and in the best interests of
61.17 	the child, as defined in section 518.17, subdivision 1.  In
61.18 	addition, the court shall must consider:
61.19 	(1) the ability of the parents to cooperate;
61.20 	(2) methods for resolving disputes regarding the care of
61.21 	the child, and the parents' willingness to use those methods;
61.22 	and
61.23 	(3) whether domestic abuse, as defined in section 518B.01,
61.24 	has occurred between the parties.

61.25 	Sec. 28. Minnesota Statutes 2004, section 518.1751,
61.26 	subdivision 1b, is amended to read:
61.27 		Subd. 1b.Purpose; definitions.  (a) The purpose of a
61.28 	parenting time expeditor is to resolve parenting time disputes
61.29 	by enforcing, interpreting, clarifying, and addressing
61.30 	circumstances not specifically addressed by an existing
61.31 	parenting time order and, if appropriate, to make a
61.32 	determination as to whether the existing parenting time order
61.33 	has been violated.  A parenting time expeditor may be appointed
61.34 	to resolve a onetime parenting time dispute or to provide
61.35 	ongoing parenting time dispute resolution services. A parenting
61.36 	time expeditor must attempt to resolve a parenting time dispute
62.1 	by facilitating negotiations between the parties to promote
62.2 	settlement.  If it becomes apparent that the dispute cannot be
62.3 	resolved by an agreement of the parties, the parenting time
62.4 	expeditor must make a decision resolving the dispute.
62.5 	(b) For purposes of this section, "parenting time dispute"
62.6 	means a disagreement among parties about parenting time with a
62.7 	child, including a dispute about an anticipated denial of future
62.8 	scheduled parenting time.  "Parenting time dispute" includes a
62.9 	claim by a parent that the other parent is not spending time
62.10 	with a child as well as a claim by a parent that the other
62.11 	parent is denying or interfering with parenting time.
62.12 	(c) A "parenting time expeditor" is a neutral person
62.13 	authorized to use a mediation-arbitration process to resolve
62.14 	parenting time disputes. A parenting time expeditor shall
62.15 	attempt to resolve a parenting time dispute by facilitating
62.16 	negotiations between the parties to promote settlement and, if
62.17 	it becomes apparent that the dispute cannot be resolved by an
62.18 	agreement of the parties, the parenting time expeditor shall
62.19 	make a decision resolving the dispute.

62.20 	Sec. 29. Minnesota Statutes 2004, section 518.1751,
62.21 	subdivision 2, is amended to read:
62.22 		Subd. 2.Appointment.  (a) The parties may stipulate to
62.23 	the appointment of a parenting time expeditor or a team of two
62.24 	expeditors without appearing in court by submitting .  The
62.25 	parties may submit to the court a written agreement identifying
62.26 	the names of the individuals to be appointed by the court; the
62.27 	nature of the dispute; the responsibilities of the parenting
62.28 	time expeditor, including whether the expeditor is appointed to
62.29 	resolve a specific issue or on an ongoing basis; the term of the
62.30 	appointment; and the apportionment of fees and costs.  The court
62.31 	shall must review the agreement of the parties.
62.32 	(b) If the parties cannot agree on a parenting time
62.33 	expeditor, the court shall must provide to the parties them with 
62.34 	a copy of the court administrator's roster of parenting time
62.35 	expeditors and require the parties to exchange the names of
62.36 	three potential parenting time expeditors by a specific date.
63.1 	If after exchanging names the parties are unable to agree upon a
63.2 	parenting time expeditor, the court shall must select the
63.3 	parenting time expeditor and, in its discretion, may appoint one
63.4 	expeditor or a team of two expeditors.  In the selection process
63.5 	the court must give consideration to the financial circumstances
63.6 	of the parties and the fees of those being considered
63.7 	as parenting time expeditors.  Preference must be given to
63.8 	persons who agree to volunteer their services or who will charge
63.9 	a variable fee for services based on the ability of the parties
63.10 	to pay for them.
63.11 	(c) An order appointing a parenting time expeditor must
63.12 	identify the name of the individual to be appointed, the nature
63.13 	of the dispute, the responsibilities of the expeditor including
63.14 	whether the expeditor is appointed to resolve a specific issue
63.15 	or on an ongoing basis, the term of the appointment, the
63.16 	apportionment of fees, and notice that if the parties are unable
63.17 	to reach an agreement with the expeditor's assistance of the
63.18 	expeditor, the expeditor is authorized to make a decision
63.19 	resolving the dispute which is binding upon the parties unless
63.20 	modified or vacated by the court.

63.21 	Sec. 30. Minnesota Statutes 2004, section 518.1751,
63.22 	subdivision 2a, is amended to read:
63.23 		Subd. 2a.Fees. Prior to Before appointing the parenting
63.24 	time expeditor, the court shall must give the parties notice
63.25 	that the expeditor's fees of the expeditor will be apportioned
63.26 	among the parties.  In its order appointing the expeditor, the
63.27 	court shall must apportion the expeditor's fees of the expeditor 
63.28 	among the parties, with each party bearing the portion of fees
63.29 	that the court determines is just and equitable under the
63.30 	circumstances.  If a party files a pro se motion regarding a
63.31 	parenting time dispute and there is not a an existing court
63.32 	order that provides for apportionment of apportioning the fees
63.33 	of an expeditor, the court administrator may require the party
63.34 	requesting the appointment of an expeditor to pay the
63.35 	expeditor's fees of the expeditor in advance.  Neither party may
63.36 	be required to submit a dispute to a visitation an expeditor if
64.1 	the party cannot afford to pay for the fees of an expeditor and
64.2 	an affordable expeditor is not available, unless the other party
64.3 	agrees to pay the fees.  After fees are incurred, a party may by
64.4 	motion request that the fees be reapportioned on equitable
64.5 	grounds.  The court may consider the resources of the parties,
64.6 	the nature of the dispute, and whether a party acted in bad
64.7 	faith.  The court may consider information from the expeditor in
64.8 	determining bad faith.

64.9 	Sec. 31. Minnesota Statutes 2004, section 518.1751,
64.10 	subdivision 2b, is amended to read:
64.11 		Subd. 2b.Roster of parenting time expeditors. Each The 
64.12 	court administrator shall must maintain and make available to
64.13 	judicial officers and the public and judicial officers a roster
64.14 	of individuals available to serve as parenting time expeditors,
64.15 	including .  The roster must include each individual's name,
64.16 	address, telephone number, and fee charged, if any.  A court
64.17 	administrator shall must not place on the roster the name of an
64.18 	individual who has not completed the training required in
64.19 	subdivision 2c.  If the use of a parenting time an expeditor is
64.20 	initiated by stipulation of the parties, the parties may agree
64.21 	upon a person to serve as an expeditor even if that person has
64.22 	not completed the training described in subdivision 2c.  The
64.23 	court may appoint a person to serve as an expeditor even if the 
64.24 	a person who is not on the court administrator's roster, but may
64.25 	not appoint a person who has not completed the training
64.26 	described in subdivision 2c, unless so stipulated by the
64.27 	parties.  To maintain one's listing on a court administrator's
64.28 	roster of parenting time expeditors, an individual shall must 
64.29 	annually submit to the court administrator proof of completion
64.30 	of continuing education requirements.

64.31 	Sec. 32. Minnesota Statutes 2004, section 518.1751,
64.32 	subdivision 2c, is amended to read:
64.33 		Subd. 2c.Training and continuing education
64.34 	requirements.  To qualify for listing on a court administrator's
64.35 	roster of parenting time expeditors, an individual shall must 
64.36 	complete a minimum of 40 hours of family mediation training that
65.1 	has been certified by the Minnesota Supreme Court, which .  The
65.2 	training must include certified training in domestic abuse
65.3 	issues as required under Rule 114 of the Minnesota General Rules
65.4 	of Practice for the District Courts.  To maintain one's
65.5 	listing remain listed on a court administrator's roster of
65.6 	parenting time expeditors, an individual shall must annually
65.7 	attend three hours of continuing education about alternative
65.8 	dispute resolution subjects.

65.9 	Sec. 33. Minnesota Statutes 2004, section 518.1751,
65.10 	subdivision 3, is amended to read:
65.11 		Subd. 3.Agreement or decision.  (a) Within five days of
65.12 	notice of the appointment, or within five days of notice of a
65.13 	subsequent parenting time dispute between the same parties, the
65.14 	parenting time expeditor shall must meet with the parties
65.15 	together or separately and shall make a diligent effort to
65.16 	facilitate an agreement to resolve the dispute.  If a parenting
65.17 	time dispute requires immediate resolution, the parenting time 
65.18 	expeditor may confer with the parties through a telephone
65.19 	conference or similar means.  An expeditor may make a decision
65.20 	without conferring with a party if the expeditor made a good
65.21 	faith effort to confer with the party, but the party chose not
65.22 	to participate in resolution of the dispute.
65.23 	(b) If the parties do not reach an agreement, the expeditor
65.24 	shall must make a decision resolving the dispute as soon as
65.25 	possible,but not later than five days after receiving all
65.26 	information necessary to make a decision and after the final
65.27 	meeting or conference with the parties.  The expeditor is
65.28 	authorized to award compensatory parenting time under section
65.29 	518.175, subdivision 6, and may recommend to the court that the
65.30 	noncomplying party pay attorney's fees, court costs, and other
65.31 	costs under section 518.175, subdivision 6, paragraph (d), if
65.32 	the parenting time order has been violated.  The expeditor shall
65.33 	not lose retains the authority to make a decision if
65.34 	circumstances beyond the expeditor's control make it
65.35 	impracticable to meet the five-day timelines.
65.36 	(c) Unless the parties mutually agree, the parenting time
66.1 	expeditor shall must not make a decision that is inconsistent
66.2 	with an existing parenting time order, but may make decisions
66.3 	interpreting or clarifying a parenting time order, including the
66.4 	development of a specific schedule when the existing court order
66.5 	grants "reasonable parenting time."
66.6 	(d) The expeditor shall must put an agreement or decision
66.7 	in writing and provide a copy to the parties.  The expeditor may
66.8 	include or omit reasons for the agreement or decision.  An
66.9 	agreement of the parties or a decision of the expeditor is
66.10 	binding on the parties unless vacated or modified by the court.
66.11 	If a party does not comply with an agreement of the parties or a
66.12 	decision of the expeditor, any party may bring a motion with the
66.13 	court and shall must attach a copy of the parties' written
66.14 	agreement or the decision of the expeditor.  The court may
66.15 	enforce, modify, or vacate the agreement of the parties or the
66.16 	decision of the expeditor.

66.17 	Sec. 34. Minnesota Statutes 2004, section 518.1752, is
66.18 	amended to read:
66.19 	518.1752 GRANDPARENT AND OTHERS;VISITATION.
66.20 	In all proceedings During a proceeding for dissolution or
66.21 	legal separation, after the commencement of the proceeding or at
66.22 	any time after completion of the proceedings, and continuing
66.23 	during the child's minority of the child, the court may make an
66.24 	order granting visitation rights to grandparents under and other
66.25 	individuals as provided by section 257C.08, subdivision 2.

66.26 	Sec. 35. Minnesota Statutes 2004, section 518.176, is
66.27 	amended to read:
66.28 	518.176 JUDICIAL SUPERVISION.
66.29 	Subdivision 1.  [LIMITS ON PARENT'S AUTHORITY; HEARING.]
66.30 	Except as otherwise agreed by the parties in writing at the time
66.31 	of the custody order,(a) The parent with whom the child resides
66.32 	may determine the child's upbringing, including education,
66.33 	health care, and religious training, unless:
66.34 	(1) otherwise agreed by the parties in writing at the time
66.35 	of the custody order; or 
66.36 	(2) upon motion by the other parent,the court after
67.1 	hearing,finds, upon motion by the other parent,that in the
67.2 	absence of a specific limitation of the authority of the parent
67.3 	with whom the child resides, the child's physical or emotional
67.4 	health is likely to be endangered or the child's emotional
67.5 	development impaired.
67.6 		Subd. 2.Court order. (b) If both parents or all
67.7 	contestants agree to the order, or if the court finds that in
67.8 	the absence of the order the child's physical or emotional
67.9 	health is likely to be endangered or the child's emotional
67.10 	development impaired, the court may order the local social
67.11 	services agency or the department of court services to exercise
67.12 	continuing supervision over the case under guidelines
67.13 	established by the court to assure that the custodial or
67.14 	parenting time terms of the decree are carried out.

67.15 	Sec. 36. Minnesota Statutes 2004, section 518.177, is
67.16 	amended to read:
67.17 	518.177  NOTIFICATION REGARDING DEPRIVATION OF PARENTAL
67.18 	RIGHTS LAW REQUIRED NOTICE.
67.19 	Every A court order and judgment and decree concerning
67.20 	custody of or parenting time or visitation with a minor child
67.21 	shall must contain the notice set out in section 518.68,
67.22 	subdivision 2.

67.23 	Sec. 37. Minnesota Statutes 2004, section 518.178, is
67.24 	amended to read:
67.25 	518.178 PARENTING TIME AND SUPPORT REVIEW HEARING.
67.26 	Upon motion of either party, the court shall must conduct a
67.27 	hearing to review compliance with the parenting time and child
67.28 	support provisions set forth in a decree of dissolution or legal
67.29 	separation or an order that establishes child custody, parenting
67.30 	time, and support rights and obligations of parents.  The state
67.31 	court administrator shall must prepare, and each court
67.32 	administrator shall must make available, simplified pro se forms
67.33 	for reviewing parenting time and child support disputes.  The
67.34 	court may impose any parenting time enforcement remedy available
67.35 	under sections 518.175 and 518.1751this section or section
67.36 	517B.26, and any support enforcement remedy available under
68.1 	section 518.551.

68.2 	Sec. 38. Minnesota Statutes 2004, section 518.179,
68.3 	subdivision 1, is amended to read:
68.4 		Subdivision 1.Seeking custody or parenting time. (a) 
68.5 	Notwithstanding any contrary provision in section 518.17 or
68.6 	518.175, if a person seeking child custody or parenting time who 
68.7 	has been convicted of a crime described in subdivision 2, the
68.8 	person seeking custody or parenting time has the burden to prove
68.9 	that custody or parenting time by that person is in the best
68.10 	interests of the child if:
68.11 	(1) the conviction occurred within the preceding five
68.12 	years;
68.13 	(2) the person is currently incarcerated, on probation, or
68.14 	under supervised release for the offense; or
68.15 	(3) the victim of the crime was a family or household
68.16 	member as defined in section 518B.01, subdivision 2.
68.17 	(b) If this section applies, the court may not grant
68.18 	custody or parenting time to the person unless it finds that the
68.19 	custody or parenting time is in the best interests of the
68.20 	child.  If the victim of the crime was a family or household
68.21 	member, the standard of proof is clear and convincing evidence.
68.22 	A guardian ad litem must be appointed in any case where this
68.23 	section applies.

68.24 	Sec. 39. Minnesota Statutes 2004, section 518.18, is
68.25 	amended to read:
68.26 	518.18 MODIFICATION OF ORDER.
68.27 	(a) Unless agreed to in writing by the parties, no motion
68.28 	to modify a custody order or parenting plan may be made earlier
68.29 	than one year after the date of the entry of a decree of
68.30 	dissolution or legal separation containing a provision dealing
68.31 	with custody, except in accordance with paragraph (c).
68.32 	(b) If a motion for modification has been heard, whether or
68.33 	not it was granted, unless agreed to in writing by the parties 
68.34 	no subsequent motion may be filed within two years after
68.35 	disposition of the prior motion on its merits, except:
68.36 	(1) if otherwise agreed to in writing by the parties; or 
69.1 	(2) in accordance with paragraph (c).
69.2 	(c) The time limitations prescribed in paragraphs (a) and
69.3 	(b) shall do not prohibit a motion to modify a custody order or
69.4 	parenting plan if the court finds that there is persistent and
69.5 	willful denial or interference with parenting time, or has
69.6 	reason to believe that the child's present environment may
69.7 	endanger the child's physical or emotional health or impair the
69.8 	child's emotional development.
69.9 	(d) If the A court that has jurisdiction to determine child
69.10 	custody matters, the court shall must not modify a prior custody
69.11 	order or a parenting plan provision which that specifies the
69.12 	child's primary residence unless it finds, upon the basis of
69.13 	facts, including unwarranted denial of, or interference with, a
69.14 	duly established parenting time schedule, that have arisen since
69.15 	the prior order or that were unknown to the court at the time of
69.16 	the prior order,that a change has occurred in the circumstances
69.17 	of the child or the parties and that the modification is
69.18 	necessary to serve the best interests of the child. The court
69.19 	must make its findings upon the basis of facts, including
69.20 	unwarranted denial of, or interference with, a duly established
69.21 	parenting time schedule, that have arisen since the prior order
69.22 	or that were unknown to the court at the time of the prior
69.23 	order.In applying these standards the court shall must retain
69.24 	the custody arrangement or the parenting plan provision
69.25 	specifying the child's primary residence that was established by
69.26 	the prior order unless:
69.27 	(i) (1) the court finds that a change in the custody
69.28 	arrangement or primary residence is in the best interests of the
69.29 	child and the parties previously agreed, in a writing approved
69.30 	by a court, to apply the best interests standard in section
69.31 	518.17 or 257.025, as applicable; and, with respect to
69.32 	agreements approved by a court on or after April 28, 2000, both
69.33 	parties were represented by counsel when the agreement was
69.34 	approved or the court found the parties were fully informed, the
69.35 	agreement was voluntary, and the parties were aware of its
69.36 	implications;
70.1 	(ii) (2) both parties agree to the modification;
70.2 	(iii) (3) the child has been integrated into the family of
70.3 	the petitioner with the consent of the other party; or
70.4 	(iv) (4) the child's present environment endangers the
70.5 	child's physical or emotional health or impairs the child's
70.6 	emotional development,and the harm likely to be caused by a
70.7 	change of environment is outweighed by the advantage of a change
70.8 	to the child.
70.9 	In addition,(e) A court may modify a custody order or
70.10 	parenting plan under section 631.52.
70.11 	(e) (f) In deciding whether to modify a prior joint custody
70.12 	order, the court shall must apply the standards set forth in
70.13 	paragraph (d) unless:  (1) the parties agree in writing to the
70.14 	application of a different standard,;or (2) the party seeking
70.15 	the modification is asking the court for permission to move the
70.16 	residence of the child to another state.
70.17 	(f) If a parent has been granted sole physical custody of a
70.18 	minor and the child subsequently lives with the other parent,
70.19 	and temporary sole physical custody has been approved by the
70.20 	court or by a court-appointed referee,
70.21 	(g) The court may suspend the obligor's child support
70.22 	obligation pending the a final custody determination if:
70.23 	(1) the obligee has been granted sole physical custody of a
70.24 	child;
70.25 	(2) the child subsequently lives with the obligor; and 
70.26 	(3) a temporary sole custody order has been approved by the
70.27 	court or a court-approved referee.
70.28 	The court's A court order denying the suspension of child
70.29 	support under this paragraph must include a written explanation
70.30 	of the reasons why continuation of the child support obligation
70.31 	would be in the best interests of the child.
70.32 	(h) A party seeking modification of a custody order must
70.33 	submit with moving papers an affidavit setting forth facts
70.34 	supporting the requested modification.  The party must give
70.35 	notice and a copy of the affidavit to other parties to the
70.36 	proceeding, who may file opposing affidavits.

71.1 	Sec. 40. Minnesota Statutes 2004, section 518.612, is
71.2 	amended to read:
71.3 	518.612 INDEPENDENCE OF PROVISIONS OF DECREE OR TEMPORARY
71.4 	ORDER.
71.5 	Failure by a party to make support payments is not a
71.6 	defense to:
71.7 	(1) interference with parenting time; or 
71.8 	(2) without the permission of the court or the other
71.9 	parent, removing a child from this state.
71.10 	Interference with parenting time or taking a child from
71.11 	this state without permission of the court or the other parent
71.12 	is not a defense to nonpayment of support.  If a party fails to
71.13 	make support payments, interferes with parenting time, or
71.14 	removes a child from the state without permission of the court
71.15 	or the other parent, the other party may petition the court for
71.16 	an appropriate order.
71.17 	(a) An obligor may not assert as a defense to failure to
71.18 	pay child support that the obligee interfered with parenting
71.19 	time or removed the child from the state without permission of
71.20 	the obligor or the court.
71.21 	(b) An obligee may not assert as a defense to interference
71.22 	with parenting time or removing the child from the state without
71.23 	permission of the obligor or the court that the obligor failed
71.24 	to pay child support.
71.25 	(c) A party may petition the court for an appropriate order
71.26 	if the other party:
71.27 	(1) fails to make support payments;
71.28 	(2) interferes with parenting time; or 
71.29 	(3) removes a child from this state without permission of
71.30 	the court or the other parent.

71.31 	Sec. 41. Minnesota Statutes 2004, section 518.619, is
71.32 	amended to read:
71.33 	518.619 CUSTODY OR VISITATION PARENTING TIME; MEDIATION
71.34 	SERVICES.
71.35 		Subdivision 1.Mediation proceeding. Except as provided
71.36 	in subdivision 2, if it appears on the face of the petition or
72.1 	other application for an order or modification of an order
72.2 	for the child custody of a child that custody or parenting time
72.3 	is contested, or that any issue pertinent to a custody or
72.4 	parenting time determination, including parenting time rights,
72.5 	is unresolved, the matter may be set for mediation of the
72.6 	contested issue prior to before, concurrent with, or subsequent
72.7 	to the after setting of the matter for hearing.  The purpose of
72.8 	the mediation proceeding is to reduce acrimony which that may
72.9 	exist between the parties and to develop an agreement that is
72.10 	supportive of the child's best interests.  The mediator shall 
72.11 	must use best efforts to effect a settlement of the custody or
72.12 	parenting time dispute, but shall have has no coercive authority.
72.13 		Subd. 2.Exception. If the court determines that there
72.14 	is probable cause that one of the parties, or a child of a
72.15 	party, has been physically or sexually abused by the other a 
72.16 	party, the court shall must not require or refer the parties to
72.17 	mediation or any other process that requires parties to meet and
72.18 	confer without counsel, if any, present.
72.19 		Subd. 3.Mediator appointment. In order to participate
72.20 	in a custody mediation, a mediator must be appointed by the
72.21 	family court.  A mediator must be a member of the professional
72.22 	staff of a family court, probation department, mental health
72.23 	services agency, or a private mediation service.  The mediator
72.24 	must be on a list of mediators approved by the court having
72.25 	jurisdiction of the matter, unless the parties stipulate to a
72.26 	mediator not on the list.
72.27 		Subd. 4.Mediator qualifications. A mediator who
72.28 	performs mediation in contested child custody matters shall must 
72.29 	meet the following minimum qualifications:
72.30 	(a) (1) knowledge of the court system and the procedures
72.31 	used in contested child custody matters;
72.32 	(b) (2) knowledge of other resources in the community to
72.33 	which the parties to contested child custody matters can be
72.34 	referred for assistance;
72.35 	(c) (3) knowledge of child development, clinical issues
72.36 	relating to children, the effects of marriage dissolution on
73.1 	children, and child custody research; and
73.2 	(d) (4) a minimum of 40 hours of certified mediation
73.3 	training.
73.4 		Subd. 5.Records; private data. Mediation
73.5 	proceedings shall must be conducted in private.  All records of
73.6 	a mediation proceeding shall be are private and not available as
73.7 	evidence in an action for marriage dissolution and related
73.8 	proceedings on any issue in controversy in the dissolution.
73.9 		Subd. 6.Mediator recommendations. When the parties have
73.10 	not reached agreement as a result of the mediation proceeding,
73.11 	the mediator may recommend to the court that an investigation be
73.12 	conducted under section 518.167, or that other action be taken
73.13 	to assist the parties to resolve the controversy before a 
73.14 	hearing on the issues.  The mediator may not conduct the
73.15 	investigation or evaluation unless:  (1) the parties agree in a 
73.16 	writing, executed after the termination of mediation, that the
73.17 	mediator may conduct the investigation or evaluation, or (2)
73.18 	there is no other person reasonably available to conduct the
73.19 	investigation or evaluation.  The mediator may recommend that
73.20 	mutual restraining orders be issued in appropriate cases,
73.21 	pending determination of the controversy, to protect the
73.22 	well-being of the children involved in the controversy.
73.23 		Subd. 7.Mediation agreement. An agreement reached by
73.24 	the parties as a result of mediation shall must be discussed by
73.25 	the parties with their attorneys, if any, and .The approved
73.26 	agreement may then be included in the marital dissolution decree
73.27 	or other stipulation submitted to the court.  An agreement
73.28 	reached by the parties as a result of mediation may not be
73.29 	presented to the court nor made enforceable unless the parties
73.30 	and their counsel, if any, consent to its presentation to the
73.31 	court, and the court adopts the agreement.
73.32 		Subd. 8.Rules. Each court shall must adopt rules to
73.33 	implement this section, and shall must compile and maintain a
73.34 	list of mediators.

73.35 	Sec. 42. Minnesota Statutes 2004, section 519.11,
73.36 	subdivision 1, is amended to read:
74.1 		Subdivision 1.Antenuptial contract.  A man and woman of
74.2 	legal age may enter into an antenuptial contract or settlement
74.3 	prior to solemnization of marriage which shall be valid and
74.4 	enforceable if (a) there is a full and fair disclosure of the
74.5 	earnings and property of each party, and (b) the parties have
74.6 	had an opportunity to consult with legal counsel of their own
74.7 	choice.  An antenuptial contract or settlement made in
74.8 	conformity with this section may determine what rights each
74.9 	party has in the nonmarital property, defined in section 518.54,
74.10 	subdivision 5, clauses (a) (1) to (d) (4), upon dissolution of
74.11 	marriage, legal separation or after its termination by death and
74.12 	may bar each other of all rights in the respective estates not
74.13 	so secured to them by their agreement.  This section shall not
74.14 	be construed to make invalid or unenforceable any antenuptial
74.15 	agreement or settlement made and executed in conformity with
74.16 	this section because the agreement or settlement covers or
74.17 	includes marital property, if the agreement or settlement would
74.18 	be valid and enforceable without regard to this section.

74.19 	Sec. 43. REVISOR'S INSTRUCTION.
 74.20 	The revisor of statutes must renumber the sections in
74.21 	Minnesota Statutes listed in column A as indicated in column B
74.22 	and correct cross-references to those sections throughout
74.23 	Minnesota Statutes and Minnesota Rules.
74.24 	A B
74.25 	518.003, subd. 2 517B.01, subd. 5
74.26 	518.003, subd. 3 517B.01, subd. 2
74.27 	518.003, subd. 4 517B.01, subd. 3
74.28 	518.003, subd. 5 517B.01, subd. 4
74.29 	518.155517B.02
74.30 	518.156517B.13
74.31 	518.157517B.06
74.32 	518.165, subd. 1 517B.08, subd. 1
74.33 	518.165, subd. 2 518B.08, subd. 2
74.34 	518.165, subd. 2a 517B.08, subd. 3
74.35 	518.165, subd. 3 517B.08, subd. 4
74.36 	518.166517B.14
75.1 	518.167517B.15
75.2 	518.168517B.16
75.3 	518.1705517B.28
75.4 	518.175, subd. 1 517B.25, subd. 1
75.5 	518.175, subd. 1a 517B.25, subd. 2
75.6 	518.175, subd. 2 517B.25, subd. 3
75.7 	518.175, subd. 3 517B.25, subd. 4
75.8 	518.175, subd. 5 517B.25, subd. 6 

75.9 	ARTICLE 3
75.10 	CHILD SUPPORT

75.11 	Section 1. [517C.01] TITLE.
75.12 	This chapter may be cited as the "Minnesota Child Support
75.13 	Act." 

75.14 	Sec. 2. [517C.02] DEFINITIONS.
75.15 		Subdivision 1.Scope. The definitions in this section
75.16 	apply to this chapter.
75.17 		Subd. 2.Arrears. "Arrears" means amounts owed under a
75.18 	support order that are past due.  Arrears include:
75.19 	(1) child support;
75.20 	(2) the entire amount of court-ordered past support and
75.21 	pregnancy and confinement expenses if:
75.22 	(i) the order does not contain repayment terms; or 
75.23 	(ii) the order contains repayment terms and the obligor
75.24 	fails to comply with the repayment terms; and 
75.25 	(3) attorney fees and any other collection costs addressed
75.26 	in a support order under section 517C.84.
75.27 		Subd. 3.Basic support. "Basic support" means the dollar
75.28 	amount ordered for a child's housing, food, clothing,
75.29 	transportation, and education costs, and other expenses relating
75.30 	to the child's care.  Basic support does not include monetary
75.31 	contributions for a child's private school tuition, child care
75.32 	expenses, and medical and dental expenses.
75.33 		Subd. 4.Business day. "Business day" means a day on
75.34 	which state offices are open for regular business.
75.35 		Subd. 5.Child. "Child" means an individual under 18
75.36 	years of age, an individual under age 20 who is still attending
76.1 	secondary school, or an individual who, by reason of physical or
76.2 	mental condition, is incapable of self-support.
76.3 		Subd. 6.Child support. "Child support" means an amount
76.4 	for basic support, child care support, and medical support
76.5 	pursuant to:
76.6 	(1) an award in a dissolution, legal separation, annulment,
76.7 	or parentage proceeding for the care, support, and education of
76.8 	a child of the marriage or of the parties to the proceeding;
76.9 	(2) a contribution by parents ordered under section 256.87;
76.10 	or 
76.11 	(3) support ordered under chapter 518B or 518C.
76.12 		Subd. 7.Deposit account. "Deposit account" means funds
76.13 	deposited with a financial institution in the form of a savings
76.14 	account, checking account, NOW account, or demand deposit
76.15 	account.
76.16 		Subd. 8.Financial institution. "Financial institution"
76.17 	means a savings association, bank, trust company, credit union,
76.18 	industrial loan and thrift company, bank and trust company, or
76.19 	savings association, and includes a branch or detached facility
76.20 	of a financial institution.
76.21 		Subd. 9.Obligee. "Obligee" means a person to whom
76.22 	payments for child support are owed.
76.23 		Subd. 10.Obligor. "Obligor" means a person obligated to
76.24 	pay child support.  A person who is designated as the sole
76.25 	physical custodian of a child is presumed not to be an obligor
76.26 	for purposes of calculating current support unless the court
76.27 	makes specific written findings to overcome this presumption.
76.28 	For purposes of ordering medical support under section 517C.17,
76.29 	a custodial parent may be an obligor subject to a cost-of-living
76.30 	adjustment under section 517C.31 and a payment agreement under
76.31 	section 517C.71.
76.32 		Subd. 11.Payment. "Payment" means the payment of child
76.33 	support and related payments required by order of a tribunal,
76.34 	voluntary support, or statutory fees.
76.35 		Subd. 12.Payor of funds. "Payor of funds" means a
76.36 	person or entity that provides funds to an obligor, including an
77.1 	employer as defined under chapter 24, section 3401(d), of the
77.2 	Internal Revenue Code, an independent contractor, payor of
77.3 	workers' compensation benefits or unemployment insurance
77.4 	benefits, or a financial institution as defined in section
77.5 	13B.06.
77.6 		Subd. 13.Public authority. "Public authority" means the
77.7 	local unit of government, acting on behalf of the state, that is
77.8 	responsible for child support enforcement or the Department of
77.9 	Human Services, Child Support Enforcement Division.
77.10 		Subd. 14.Support order. (a) "Support order" means a
77.11 	judgment, decree, or order, whether temporary, final, or subject
77.12 	to modification, issued by a court or administrative agency of
77.13 	competent jurisdiction that:
77.14 	(1) provides for the support of a child, including a child
77.15 	who has attained the age of majority under the law of the
77.16 	issuing state, or a child and the parent with whom the child is
77.17 	living;
77.18 	(2) provides for basic support, child care, medical support
77.19 	including expenses for confinement and pregnancy, arrears, or
77.20 	reimbursement; and 
77.21 	(3) may include related costs and fees, interest and
77.22 	penalties, income withholding, and other relief.
77.23 	(b) The definition in paragraph (a) applies to orders
77.24 	issued under this chapter and chapters 256, 257, and 518C.
77.25 		Subd. 15.Tribunal. "Tribunal" has the meaning given in
77.26 	section 518C.101.
77.27 		Subd. 16.Unclaimed support funds. "Unclaimed support
77.28 	funds" means any support payments collected by the public
77.29 	authority from the obligor which have not been disbursed to the
77.30 	obligee or public authority.
77.31 		Subd. 17.Iv-d case. "IV-D case" means a case where a
77.32 	party assigns rights to child support to the state because the
77.33 	party receives public assistance, as defined in section 256.741,
77.34 	or applies for child support services under title IV-D of the
77.35 	Social Security Act, United States Code, title 42, section
77.36 	654(4).

78.1 	Sec. 3. [517C.04] CHILD SUPPORT ORDERS.
78.2 		Subdivision 1.Order. (a) Upon dissolution of marriage,
78.3 	legal separation, annulment, establishment of paternity, or when
78.4 	otherwise required by statute, the court must order child
78.5 	support as provided by this chapter.
78.6 	(b) Nothing contained in this chapter limits the power of
78.7 	the court to make appropriate, adequate orders for the support
78.8 	and education of a child of the parties to a dissolution, legal
78.9 	separation, or annulment action if the dissolution, legal
78.10 	separation, or annulment is denied.
78.11 		Subd. 2.Provisions. Child support orders must provide
78.12 	for general child-rearing costs or basic support and must also
78.13 	specifically address child care costs and medical care,
78.14 	providing for those costs pursuant to this chapter.
78.15 		Subd. 3.Agreements. If the parties stipulate or agree
78.16 	to a child support order, the court must review the agreement to
78.17 	ensure it serves the best interests of the child.  The Minnesota
78.18 	Supreme Court may promulgate rules regarding the review of
78.19 	stipulations and agreements.  The court may refuse to accept or
78.20 	may alter an agreement that does not conform with the
78.21 	requirements of this chapter or that is otherwise not in the
78.22 	best interests of the child.
78.23 		Subd. 4.Specific dollar amount. (a) The court must
78.24 	order child support in a specific dollar amount.
78.25 	(b) The court may order an obligor to pay child support in
78.26 	the form of a percentage share of the obligor's net bonuses,
78.27 	commissions, or other forms of compensation, in addition to, or,
78.28 	if the obligor receives no base pay, in lieu of an order for a
78.29 	specific dollar amount.
78.30 		Subd. 5.Preference for monthly payment. There is a
78.31 	presumption in favor of ordering child support in an amount that
78.32 	reflects an obligor's monthly obligation.
78.33 		Subd. 6.Preference for static payment. There is a
78.34 	presumption in favor of ordering child support so that an
78.35 	obligor makes the same monthly payments throughout the year, as
78.36 	opposed to payment amounts that fluctuate by season or month.
79.1 	If the obligor is seasonally employed, it is generally the
79.2 	obligor's responsibility to budget income accordingly.
79.3 		Subd. 7.Departure. The court may depart from a
79.4 	presumption in subdivision 5 or 6 if:
79.5 	(1) all parties agree; or 
79.6 	(2) the presumption would impose an extreme hardship on the
79.7 	obligor and would not be in the best interests of the child.
79.8 		Subd. 8.Child support to be distinguished from
79.9 	maintenance. In a judgment of dissolution or legal separation,
79.10 	the court must clearly distinguish between payments ordered for
79.11 	maintenance and payments ordered for child support.  An award of
79.12 	payments from future income or earnings of the parent with whom
79.13 	the child resides is presumed to be maintenance and an award of
79.14 	payments from the future income or earnings of the other parent
79.15 	is presumed to be child support, unless otherwise designated by
79.16 	the court.
79.17 		Subd. 9.Other custodians. If a child resides with a
79.18 	person other than a parent and the court approves of the custody
79.19 	arrangement, the court may order child support payments to be
79.20 	made to the custodian regardless of whether the person has legal
79.21 	custody.
79.22 		Subd. 10.Either parent liable; marital misconduct
79.23 	irrelevant. The court may order either or both parents owing a
79.24 	duty of support to a child to pay an amount reasonable or
79.25 	necessary for the child's support, without regard to marital
79.26 	misconduct.

79.27 	Sec. 4. [517C.05] TEMPORARY ORDERS.
79.28 		Subdivision 1.Motion; scope. In a child support
79.29 	proceeding a party may, by motion, request that the court grant
79.30 	a temporary order pending the final disposition of the
79.31 	proceeding for temporary child support, costs, and reasonable
79.32 	attorney fees.  Additionally, to facilitate the just and speedy
79.33 	disposition of the proceeding, the court may require a party to
79.34 	perform or refrain from performing additional acts.
79.35 		Subd. 2.Duration. A temporary order continues in full
79.36 	force and effect until:
80.1 	(1) it is amended;
80.2 	(2) it is vacated;
80.3 	(3) the main action is dismissed; or 
80.4 	(4) a final decree of dissolution, legal separation, or
80.5 	other final order is entered.
80.6 		Subd. 3.Factors. The court must consider the factors
80.7 	set forth in this chapter in making temporary orders.
80.8 		Subd. 4.Evidence. Temporary orders must be made solely
80.9 	on the basis of affidavits and argument of counsel unless:
80.10 	(1) a party makes a timely motion or responsive motion to
80.11 	hear the matter on oral testimony before the court; or 
80.12 	(2) the court, in its discretion, orders the taking of oral
80.13 	testimony.
80.14 		Subd. 5.Limited effect. A temporary order does not
80.15 	prejudice the rights of the parties or the child that are to be
80.16 	adjudicated at subsequent hearings in the proceeding.
80.17 		Subd. 6.Revocation; modification. A temporary order may
80.18 	be revoked or modified by the court before the final disposition
80.19 	of the proceeding upon the same grounds and subject to the same
80.20 	requirements as the initial granting of the order.

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

80.25 	Sec. 6. [517C.07] ATTORNEY FEES; COSTS AND
80.26 	DISBURSEMENTS.
80.27 		Subdivision 1.General. (a) Except as provided in
80.28 	section 517C.84, in a proceeding under this chapter the court
80.29 	must award attorney fees, costs, and disbursements in an amount
80.30 	necessary to enable a party to carry on or contest the
80.31 	proceeding if:
80.32 	(1) the fees are necessary for the good-faith assertion of
80.33 	the party's rights in the proceeding and will not contribute
80.34 	unnecessarily to the length and expense of the proceeding;
80.35 	(2) the party from whom fees, costs, and disbursements are
80.36 	sought has the means to pay them; and 
81.1 	(3) the party to whom fees, costs, and disbursements are
81.2 	awarded does not have the means to pay them.
81.3 	(b) Fees, costs, and disbursements may be awarded at any
81.4 	point during or after a proceeding under this chapter, including
81.5 	if a proceeding is dismissed or abandoned.
81.6 	(c) The court may assess costs and disbursements against
81.7 	either party.
81.8 		Subd. 2.Unreasonable actions. The court may, in its
81.9 	discretion, assess additional fees, costs, and disbursements
81.10 	against a party who unreasonably contributes to the length or
81.11 	expense of the proceeding.
81.12 		Subd. 3.Collection. The court may authorize the
81.13 	collection of money awarded by execution, out of property
81.14 	sequestered, or in any other manner within the power of the
81.15 	court.  An award of attorney fees survives the proceeding.  If
81.16 	the award is not paid by the party directed to pay it, the award
81.17 	may be enforced as provided by this subdivision or by a separate
81.18 	civil action brought in the attorney's own name.

81.19 	Sec. 7. [517C.10] EXCHANGE OF INFORMATION.
81.20 		Subdivision 1.Documentation. (a) The parties must
81.21 	timely serve and file documentation of earnings and income.
81.22 	When there is a prehearing conference, the court must receive
81.23 	the documentation at least ten days before the prehearing
81.24 	conference.
81.25 	(b) Documentation of earnings and income includes, but is
81.26 	not limited to, pay stubs for the most recent three months,
81.27 	employer statements, or statement of receipts and expenses if
81.28 	self-employed.  Documentation of earnings and income also
81.29 	includes copies of each parent's most recent federal tax
81.30 	returns, W-2 forms, 1099 forms, unemployment insurance benefits
81.31 	statements, workers' compensation statements, and all other
81.32 	documents evidencing the receipt of income that provide
81.33 	verification of income over a longer period.
81.34 		Subd. 2.Exchange of tax returns. At any time after a
81.35 	party commences an action seeking child support or when a child
81.36 	support order is in effect, a party or the public authority may
82.1 	require the other party to give them a copy of the other party's
82.2 	most recent federal tax returns that were filed with the
82.3 	Internal Revenue Service.  The party must provide a copy of the
82.4 	tax returns within 30 days of receiving the request unless the
82.5 	request is not made in good faith.  A party may not make a
82.6 	request under this subdivision more than once every two years,
82.7 	in the absence of good cause.
82.8 		Subd. 3.Notice of address or residence change. An
82.9 	obligor must notify other parties of a change of address or
82.10 	residence within 60 days of the address or residence change.
82.11 		Subd. 4.Notice to public authority; public assistance.
 82.12 	The petitioner must notify the public authority of all
82.13 	proceedings for dissolution, legal separation, determination of
82.14 	parentage, or for the custody of a child, if either party is
82.15 	receiving public assistance or applies for it subsequent to the
82.16 	commencement of the proceeding.  The notice must contain the
82.17 	full names of the parties to the proceeding, their Social
82.18 	Security account numbers, and their birth dates.
82.19 		Subd. 5.Failure of notice. If the court in a
82.20 	dissolution, legal separation, or determination of parentage
82.21 	proceeding, finds before issuing the order for judgment and
82.22 	decree, that notification has not been given to the public
82.23 	authority, the court must set child support according to the
82.24 	guidelines in this chapter.  In those proceedings in which no
82.25 	notification has been made pursuant to this section and in which
82.26 	the public authority determines that the judgment is lower than
82.27 	the child support required by the guidelines in this chapter, it
82.28 	must move the court for a redetermination of the support
82.29 	payments ordered so that the support payments comply with the
82.30 	guidelines.

82.31 	Sec. 8. [517C.11] PRIVACY PROTECTION; PERSONAL
82.32 	PROTECTION.
82.33 		Subdivision 1.Social security numbers; tax returns. The
82.34 	Social Security numbers and tax returns required under this
82.35 	chapter are not accessible to the public, except that they must
82.36 	be disclosed to the other parties to a proceeding as provided in
83.1 	section 517C.10.
83.2 		Subd. 2.Modification of certain requirements. The court
83.3 	may waive, modify, or limit the information exchange
83.4 	requirements of this chapter by order if necessary to protect a
83.5 	party from contact by another party.
83.6 		Subd. 3.Access to address for service of process. (a)
83.7 	If the public authority is a party or is providing services in a
83.8 	child support case, a party may obtain an ex parte order under
83.9 	this subdivision.  The party may obtain an ex parte order
83.10 	requiring the public authority to serve legal documents on the
83.11 	other party by mail if the party submits a sworn affidavit to
83.12 	the court stating that:
83.13 	(1) the party needs to serve legal process in a support
83.14 	proceeding and does not have access to the address of the other
83.15 	party;
83.16 	(2) the party has made reasonable efforts to locate the
83.17 	other party; and 
83.18 	(3) the other party is not represented by counsel.
83.19 	(b) The public authority must serve legal documents
83.20 	provided by the moving party at the last known address of the
83.21 	other party upon receipt of a court order under paragraph (a).
83.22 	The public authority must provide for appropriate service and
83.23 	must certify to all parties the date of service by mail.  The
83.24 	public authority's proof of service must not include the place
83.25 	or address of service.
83.26 	(c) The state court administrator must prepare and make
83.27 	available forms for use in seeking access to an address under
83.28 	this subdivision.

83.29 	Sec. 9. [517C.12] INCOME.
83.30 		Subdivision 1.Definition. For purposes of calculating
83.31 	child support under this chapter, "income" means gross income.
83.32 		Subd. 2.Sources. For purposes of this chapter, income
83.33 	includes any form of periodic payment to an individual
83.34 	including, but not limited to:
83.35 	(1) wages;
83.36 	(2) salaries;
84.1 	(3) payments to an independent contractor;
84.2 	(4) workers' compensation;
84.3 	(5) unemployment insurance benefits;
84.4 	(6) annuity;
84.5 	(7) military and naval retirement;
84.6 	(8) pension and disability payments; and 
84.7 	(9) in-kind payments received by the obligor in the course
84.8 	of employment, self-employment, or operation of a business if
84.9 	the payments reduce the obligor's living expenses.
84.10 		Subd. 3.Commissions; bonuses. If the court finds that a
84.11 	party's commissions or bonuses are reliable and predictable, the
84.12 	court may include them in income calculations.
84.13 		Subd. 4.Self-employment; independent contractors.
 84.14 	Income from self-employment is equal to gross receipts minus
84.15 	ordinary and necessary expenses.  Ordinary and necessary
84.16 	expenses include what would otherwise be the employer's share of
84.17 	the contributions under the Federal Insurance Contributions Act
84.18 	(FICA), United States Code, title 26, subtitle C, chapter 21,
84.19 	subchapter A, sections 3101 to 3126.  Ordinary and necessary
84.20 	expenses do not necessarily include amounts allowed by the
84.21 	Internal Revenue Service for accelerated depreciation expenses
84.22 	or investment tax credits or any other business expenses
84.23 	determined by the court to be inappropriate for determining
84.24 	income for purposes of child support.  The person seeking to
84.25 	deduct an expense, including depreciation, has the burden of
84.26 	proving, if challenged, that the expense is ordinary and
84.27 	necessary.  Income calculated under this section may be
84.28 	different from taxable income.
84.29 		Subd. 5.Public assistance exclusions. Benefits received
84.30 	under chapter 256J and title IV-A of the Social Security Act are
84.31 	not income under this section.
84.32 		Subd. 6.Overtime. (a) Income does not include
84.33 	compensation received by a party for employment in excess of a
84.34 	40-hour work week if:
84.35 	(1) the excess employment is not within the normal range of
84.36 	hours worked, given the party's employment history;
85.1 	(2) the excess employment is voluntary and not a condition
85.2 	of employment;
85.3 	(3) the excess employment is in the nature of additional,
85.4 	part-time, or overtime employment compensable by the hour or
85.5 	fraction of an hour; and 
85.6 	(4) the party's compensation structure has not been changed
85.7 	for the purpose of affecting a child support obligation.
85.8 	(b) The court may presume that a party with seasonal or
85.9 	intermittent income who works periods in excess of a 40-hour
85.10 	work week, but who works a substantially normal number of hours
85.11 	over the course of a year, is working within the normal range of
85.12 	hours worked.
85.13 		Subd. 7.Income of a spouse or other household
85.14 	member. (a) Income must not include the income of a party's
85.15 	spouse or other household member.  The court must not consider
85.16 	the income or resources provided by a spouse or other household
85.17 	member when determining all the earnings, income, and resources
85.18 	of a parent under sections 517C.25 to 517C.29.
85.19 	(b) Notwithstanding paragraph (a), the court may issue an
85.20 	order permitting discovery of a spouse's or other household
85.21 	member's income information if there is probable cause to
85.22 	believe the spouse or other household member is being used to
85.23 	shelter income from a party.  If the court finds that income was
85.24 	improperly or unfairly sheltered, it may impute income to the
85.25 	party or otherwise adjust the support amount in a just and
85.26 	proper manner.  However, the court may not under any
85.27 	circumstances consider income or resources properly attributable
85.28 	to a spouse or other household member when setting support.
85.29 		Subd. 8.Prior child support or maintenance orders. The
85.30 	amount of a child support or maintenance order, not including
85.31 	orders for child support or maintenance debts or arrears, must
85.32 	be deducted from income.
85.33 		Subd. 9.Legally dependent child. (a) For purposes of
85.34 	this subdivision, a "legally dependent child" means a child:
85.35 	(1) whose primary residence is with a parent eligible for a
85.36 	deduction from income under this subdivision;
86.1 	(2) whom the parent has the legal duty to support;
86.2 	(3) who is not a subject of the current child support
86.3 	action;
86.4 	(4) for whom the parent is not ordered to pay child
86.5 	support; and 
86.6 	(5) for whom no other person has court-ordered sole
86.7 	physical custody.
86.8 	(b) The court must deduct an amount from a parent's income
86.9 	for a legally dependent child.  The amount deducted from income
86.10 	for each legally dependent child must be computed using the
86.11 	following method:
86.12 	(1) determine 120 percent of the federal poverty guidelines
86.13 	for a family size equal to two parents plus each legally
86.14 	dependent child;
86.15 	(2) divide the amount determined under clause (1) by the
86.16 	family size determined under clause (1);
86.17 	(3) multiply the amount calculated under clause (2) by the
86.18 	number of legally dependent children; and 
86.19 	(4) divide the amount calculated under clause (3) by two to
86.20 	determine the deduction amount for one parent.  The amount
86.21 	determined for one parent must be divided by 12 to determine the
86.22 	amount of the deduction from a parent's monthly income.
86.23 	(c) The commissioner of human services must publish a table
86.24 	listing the amount of the deduction for each legally dependent
86.25 	child by family size and must update the table for changes to
86.26 	the federal poverty guidelines by July 1 of each year.

86.27 	Sec. 10. [517C.13] IMPUTED INCOME.
86.28 		Subdivision 1.Nonappearance of a parent. If a parent
86.29 	under the jurisdiction of the court does not appear at a court
86.30 	hearing after proper notice of the time and place of the
86.31 	hearing, the court must set income for that parent based on
86.32 	credible evidence before the court or in accordance with
86.33 	subdivision 3.  Credible evidence may include documentation of
86.34 	current or recent income, testimony of the other parent
86.35 	concerning recent earnings and income levels, and the parent's
86.36 	wage reports filed with the Minnesota Department of Employment
87.1 	and Economic Development under section 268.044.
87.2 		Subd. 2.Voluntary unemployment or underemployment. (a)
87.3 	The principles of income imputation apply equally to both
87.4 	parents.
87.5 	(b) If the court finds that a parent is voluntarily
87.6 	unemployed or underemployed or was voluntarily unemployed or
87.7 	underemployed during the period for which past support is being
87.8 	sought, a court must calculate support based on a determination
87.9 	of imputed income.
87.10 	(c) A parent is not considered voluntarily unemployed or
87.11 	underemployed upon a showing by the parent that:
87.12 	(1) the unemployment or underemployment is temporary and
87.13 	will ultimately lead to an increase in income;
87.14 	(2) the unemployment or underemployment represents a bona
87.15 	fide career change that outweighs the adverse effect of that
87.16 	parent's diminished income on the child;
87.17 	(3) the parent is a recipient of public assistance under
87.18 	section 256.741; or 
87.19 	(4) the parent is physically or mentally incapacitated.
87.20 	(d) Imputed income means the estimated earning ability of a
87.21 	parent based on the parent's prior earnings history, education,
87.22 	and job skills, and on availability of jobs within the community
87.23 	for an individual with the parent's qualifications.
87.24 		Subd. 3.Insufficient information. If there is
87.25 	insufficient information to determine actual income or to impute
87.26 	income pursuant to subdivision 1 or 2, the court may calculate
87.27 	support based on full-time employment of 40 hours per week at
87.28 	150 percent of the federal minimum wage or the Minnesota minimum
87.29 	wage, whichever is higher.

87.30 	Sec. 11. [517C.14] PRESUMPTIVE CHILD SUPPORT ORDER;
87.31 	GENERAL.
87.32 		Subdivision 1.Rebuttable presumption. The guidelines in
87.33 	sections 517C.12 to 517C.18 are a rebuttable presumption and
87.34 	must be used in all cases when establishing or modifying child
87.35 	support.
87.36 	Subd. 2.[CHILD'S INSURANCE BENEFIT.] In establishing or
88.1 	modifying child support, if a child receives a child's insurance
88.2 	benefit under United States Code, title 42, section 402, because
88.3 	the obligor is entitled to old age or disability insurance
88.4 	benefits, the amount of support ordered must be offset by the
88.5 	amount of the child's benefit.  The court must make findings
88.6 	regarding the obligor's income from all sources, the child
88.7 	support amount calculated under this chapter, the amount of the
88.8 	child's benefit, and the obligor's child support obligation.  A
88.9 	benefit received by the child in a given month in excess of the
88.10 	child support obligation must not be treated as a payment of
88.11 	arrears or a future payment.

88.12 	Sec. 12. [517C.15] BASIC SUPPORT.
88.13 		Subdivision 1.Basic support; schedule. (a) Unless
88.14 	otherwise agreed to by the parents and approved by the court,
88.15 	the court must order that basic support be divided between the
88.16 	parents based on their proportionate share of the parents'
88.17 	combined monthly income, as determined under section 517C.12.
88.18 	(b) For parents with a combined monthly income less than or
88.19 	equal to 100 percent of the federal poverty guidelines amount
88.20 	for two people, the commissioner of human services must
88.21 	determine the amounts in this paragraph by taking two times the
88.22 	minimum basic support amount under section 517C.18, subdivision
88.23 	2, divided by 100 percent of the federal poverty guidelines
88.24 	amount for two people.  For all other parents, basic support
88.25 	must be computed using the following schedule, prepared based on
88.26 	2001 United States Department of Agriculture expenditure data:
88.27 	Parents' Number of Children
88.28 	Combined
88.29 	Monthly Income One Two Three Four Five Six 
88.30 	$0-  $199 $10 $16 $19 $22 $25 $29 
88.31 	200-   299 20 32 37 43 50 58 
88.32 	300-   399 30 48 56 65 75 87 
88.33 	400-   499 40 64 74 86 100 116 
88.34 	500-   599 50 81 93 108 126 146 
88.35 	600-   699 60 97 112 130 151 175 
88.36 	700-   799 70 113 130 151 176 204 
88.37 	800-   899 80 129 149 173 201 233 
89.1 	900-   999 90 145 167 194 226 262 
89.2 	1,000- 1,099 116 161 186 216 251 291 
89.3 	1,100- 1,199 145 205 237 275 320 370 
89.4 	1,200- 1,299 177 254 294 341 396 459 
89.5 	1,300- 1,399 212 309 356 414 480 557 
89.6 	1,400- 1,499 251 368 425 493 573 664 
89.7 	1,500- 1,599 292 433 500 580 673 780 
89.8 	1,600- 1,699 337 502 580 673 781 905 
89.9 	1,700- 1,799 385 577 666 773 897 1,040 
89.10 	1,800- 1,899 436 657 758 880 1,021 1,183 
89.11 	1,900- 1,999 490 742 856 994 1,152 1,336 
89.12 	2,000- 2,099 516 832 960 1,114 1,292 1,498 
89.13 	2,100- 2,199 528 851 981 1,139 1,320 1,531 
89.14 	2,200- 2,299 538 867 1,000 1,160 1,346 1,561 
89.15 	2,300- 2,399 546 881 1,016 1,179 1,367 1,586 
89.16 	2,400- 2,499 554 893 1,029 1,195 1,385 1,608 
89.17 	2,500- 2,599 560 903 1,040 1,208 1,400 1,625 
89.18 	2,600- 2,699 570 920 1,060 1,230 1,426 1,655 
89.19 	2,700- 2,799 580 936 1,078 1,251 1,450 1,683 
89.20 	2,800- 2,899 589 950 1,094 1,270 1,472 1,707 
89.21 	2,900- 2,999 596 963 1,109 1,287 1,492 1,730 
89.22 	3,000- 3,099 603 975 1,122 1,302 1,509 1,749 
89.23 	3,100- 3,199 613 991 1,141 1,324 1,535 1,779 
89.24 	3,200- 3,299 623 1,007 1,158 1,344 1,558 1,807 
89.25 	3,300- 3,399 632 1,021 1,175 1,363 1,581 1,833 
89.26 	3,400- 3,499 640 1,034 1,190 1,380 1,601 1,857 
89.27 	3,500- 3,599 648 1,047 1,204 1,397 1,621 1,880 
89.28 	3,600- 3,699 657 1,062 1,223 1,418 1,646 1,909 
89.29 	3,700- 3,799 667 1,077 1,240 1,439 1,670 1,937 
89.30 	3,800- 3,899 676 1,018 1,257 1,459 1,693 1,963 
89.31 	3,900- 3,999 684 1,104 1,273 1,478 1,715 1,988 
89.32 	4,000- 4,099 692 1,116 1,288 1,496 1,736 2,012 
89.33 	4,100- 4,199 701 1,132 1,305 1,516 1,759 2,039 
89.34 	4,200- 4,299 710 1,147 1,322 1,536 1,781 2,064 
89.35 	4,300- 4,399 718 1,161 1,338 1,554 1,802 2,088 
89.36 	4,400- 4,499 726 1,175 1,353 1,572 1,822 2,111 
90.1 	4,500- 4,599 734 1,184 1,368 1,589 1,841 2,133 
90.2 	4,600- 4,699 743 1,200 1,386 1,608 1,864 2,160 
90.3 	4,700- 4,799 753 1,215 1,402 1,627 1,887 2,186 
90.4 	4,800- 4,899 762 1,231 1,419 1,645 1,908 2,212 
90.5 	4,900- 4,999 771 1,246 1,435 1,663 1,930 2,236 
90.6 	5,000- 5,099 780 1,260 1,450 1,680 1,950 2,260 
90.7 	5,100- 5,199 788 1,275 1,468 1,701 1,975 2,289 
90.8 	5,200- 5,299 797 1,290 1,485 1,722 1,999 2,317 
90.9 	5,300- 5,399 805 1,304 1,502 1,743 2,022 2,345 
90.10 	5,400- 5,499 812 1,318 1,518 1,763 2,046 2,372 
90.11 	5,500- 5,599 820 1,331 1,535 1,782 2,068 2,398 
90.12 	5,600- 5,699 829 1,346 1,551 1,801 2,090 2,424 
90.13 	5,700- 5,799 838 1,357 1,568 1,819 2,111 2,449 
90.14 	5,800- 5,899 847 1,376 1,583 1,837 2,132 2,473 
90.15 	5,900- 5,999 856 1,390 1,599 1,855 2,152 2,497 
90.16 	6,000- 6,099 864 1,404 1,614 1,872 2,172 2,520 
90.17 	6,100- 6,199 874 1,419 1,631 1,892 2,195 2,546 
90.18 	6,200- 6,299 883 1,433 1,645 1,912 2,217 2,572 
90.19 	6,300- 6,399 892 1,448 1,664 1,932 2,239 2,597 
90.20 	6,400- 6,499 901 1,462 1,682 1,951 2,260 2,621 
90.21 	6,500- 6,599 910 1,476 1,697 1,970 2,282 2,646 
90.22 	6,600- 6,699 919 1,490 1,713 1,989 2,305 2,673 
90.23 	6,700- 6,799 927 1,505 1,730 2,009 2,328 2,700 
90.24 	6,800- 6,899 936 1,519 1,746 2,028 2,350 2,727 
90.25 	6,900- 6,999 944 1,533 1,762 2,047 2,379 2,753 
90.26 	7,000- 7,099 952 1,547 1,778 2,065 2,394 2,779 
90.27 	7,100- 7,199 961 1,561 1,795 2,085 2,417 2,805 
90.28 	7,200- 7,299 971 1,574 1,812 2,104 2,439 2,830 
90.29 	7,300- 7,399 980 1,587 1,828 2,123 2,462 2,854 
90.30 	7,400- 7,499 989 1,600 1,844 2,142 2,483 2,879 
90.31 	7,500- 7,599 998 1,613 1,860 2,160 2,505 2,903 
90.32 	7,600- 7,699 1,006 1,628 1,877 2,180 2,528 2,929 
90.33 	7,700- 7,799 1,015 1,643 1,894 2,199 2,550 2,955 
90.34 	7,800- 7,899 1,023 1,658 1,911 2,218 2,572 2,981 
90.35 	7,900- 7,999 1,032 1,673 1,928 2,237 2,594 3,007 
90.36 	8,000- 8,099 1,040 1,688 1,944 2,256 2,616 3,032 
91.1 	8,100- 8,199 1,048 1,703 1,960 2,274 2,637 3,057 
91.2 	8,200- 8,299 1,056 1,717 1,976 2,293 2,658 3,082 
91.3 	8,300- 8,399 1,064 1,731 1,992 2,311 2,679 3,106 
91.4 	8,400- 8,499 1,072 1,746 2,008 2,328 2,700 3,130 
91.5 	8,500- 8,599 1,080 1,760 2,023 2,346 2,720 3,154 
91.6 	8,600- 8,699 1,092 1,780 2,047 2,374 2,752 3,191 
91.7 	8,700- 8,799 1,105 1,801 2,071 2,401 2,784 3,228 
91.8 	8,800- 8,899 1,118 1,822 2,094 2,429 2,816 3,265 
91.9 	8,900- 8,999 1,130 1,842 2,118 2,456 2,848 3,302 
91.10 	9,000- 9,099 1,143 1,863 2,142 2,484 2,880 3,339 
91.11 	9,100- 9,199 1,156 1,884 2,166 2,512 2,912 3,376 
91.12 	9,200- 9,299 1,168 1,904 2,190 2,539 2,944 3,413 
91.13 	9,300- 9,399 1,181 1,925 2,213 2,567 2,976 3,450 
91.14 	9,400- 9,499 1,194 1,946 2,237 2,594 3,008 3,487 
91.15 	9,500- 9,599 1,207 1,967 2,261 2,622 3,040 3,525 
91.16 	9,600- 9,699 1,219 1,987 2,285 2,650 3,072 3,562 
91.17 	9,700- 9,799 1,232 2,008 2,309 2,677 3,104 3,599 
91.18 	9,800- 9,899 1,245 2,029 2,332 2,705 3,136 3,636 
91.19 	9,900- 9,999 1,257 2,049 2,356 2,732 3,168 3,673 
91.20 	10,000-10,099 1,270 2,070 2,380 2,760 3,200 3,710 
91.21 	10,100-10,199 1,283 2,091 2,404 2,788 3,232 3,747 
91.22 	10,200-10,299 1,295 2,111 2,428 2,815 3,264 3,784 
91.23 	10,300-10,399 1,308 2,132 2,451 2,843 3,296 3,821 
91.24 	10,400-10,499 1,321 2,153 2,475 2,870 3,328 3,858 
91.25 	10,500-10,599 1,334 2,174 2,499 2,898 3,360 3,896 
91.26 	10,600-10,699 1,346 2,194 2,523 2,926 3,392 3,933 
91.27 	10,700-10,799 1,359 2,215 2,547 2,953 3,424 3,970 
91.28 	10,800-10,899 1,372 2,236 2,570 2,981 3,456 4,007 
91.29 	10,900-10,999 1,384 2,256 2,594 3,008 3,488 4,044 
91.30 	11,000-11,099 1,397 2,277 2,618 3,036 3,520 4,081 
91.31 	11,100-11,199 1,410 2,298 2,642 3,064 3,552 4,118 
91.32 	11,200-11,299 1,422 2,318 2,666 3,091 3,584 4,155 
91.33 	11,300-11,399 1,435 2,339 2,689 3,119 3,616 4,192 
91.34 	11,400-11,499 1,448 2,360 2,713 3,146 3,648 4,229 
91.35 	11,500-11,599 1,461 2,381 2,737 3,174 3,680 4,267 
91.36 	11,600-11,699 1,473 2,401 2,761 3,202 3,712 4,304 
92.1 	11,700-11,799 1,486 2,422 2,785 3,229 3,744 4,341 
92.2 	11,800-11,899 1,499 2,443 2,808 3,257 3,776 4,378 
92.3 	11,900-11,999 1,511 2,463 2,832 3,284 3,808 4,415 
92.4 	12,000-12,099 1,524 2,484 2,856 3,312 3,840 4,452 
92.5 	12,100-12,199 1,537 2,505 2,880 3,340 3,872 4,489 
92.6 	12,200-12,299 1,549 2,525 2,904 3,367 3,904 4,526 
92.7 	12,300-12,399 1,562 2,546 2,927 3,395 3,936 4,563 
92.8 	12,400-12,499 1,575 2,567 2,951 3,422 3,968 4,600 
92.9 	12,500-12,599 1,588 2,588 2,975 3,450 4,000 4,638 
92.10 	12,600-12,699 1,600 2,608 2,999 3,478 4,032 4,675 
92.11 	12,700-12,799 1,613 2,629 3,023 3,505 4,064 4,712 
92.12 	12,800-12,899 1,626 2,650 3,046 3,533 4,096 4,749 
92.13 	12,900-12,999 1,638 2,670 3,070 3,560 4,128 4,786 
92.14 	13,000-13,099 1,651 2,691 3,094 3,588 4,160 4,823 
92.15 	13,100-13,199 1,664 2,712 3,118 3,616 4,192 4,860 
92.16 	13,200-13,299 1,676 2,732 3,142 3,643 4,224 4,897 
92.17 	13,300-13,399 1,689 2,753 3,165 3,671 4,256 4,934 
92.18 	13,400-13,499 1,702 2,774 3,189 3,698 4,288 4,971 
92.19 	13,500-13,599 1,715 2,795 3,213 3,726 4,320 5,009 
92.20 	13,600-13,699 1,727 2,815 3,237 3,754 4,352 5,046 
92.21 	13,700-13,799 1,740 2,836 3,261 3,781 4,384 5,083 
92.22 	13,800-13,899 1,753 2,857 3,284 3,809 4,416 5,120 
92.23 	13,900-13,999 1,765 2,877 3,308 3,836 4,448 5,157 
92.24 	14,000-14,009 1,778 2,898 3,332 3,864 4,480 5,194 
92.25 	14,100-14,199 1,791 2,919 3,356 3,892 4,512 5,231 
92.26 	14,200-14,299 1,803 2,939 3,380 3,919 4,544 5,268 
92.27 	14,300-14,399 1,816 2,960 3,403 3,947 4,576 5,305 
92.28 	14,400-14,499 1,829 2,981 3,427 3,974 4,608 5,342 
92.29 	14,500-14,599 1,842 3,002 3,451 4,002 4,640 5,380 
92.30 	14,600-14,699 1,854 3,022 3,475 4,030 4,672 5,417 
92.31 	14,700-14,799 1,867 3,043 3,499 4,057 4,704 5,454 
92.32 	14,800-14,899 1,880 3,064 3,522 4,085 4,736 5,491 
92.33 	14,900-14,999 1,892 3,084 3,546 4,112 4,768 5,528 
92.34 	15,000, or 1,905 3,105 3,570 4,140 4,800 5,565 
92.35 	the amount
92.36 	in effect
92.37 	under subd. 4 
93.1 	(c) The commissioner of human services must compute and
93.2 	publish a schedule of basic support amounts calculated using the
93.3 	percentages in paragraph (b).  The schedule must show basic
93.4 	support amounts for combined monthly income increments of not
93.5 	more than $100.  The commissioner must determine the percentages
93.6 	for each income increment by interpolating between the
93.7 	percentages in paragraph (b).  The commissioner may disregard a
93.8 	fractional part of a dollar unless it amounts to 50 cents or
93.9 	more, in which case the commissioner may increase the amount by
93.10 	$1.
93.11 		Subd. 2.Parenting time adjustment. (a) This subdivision
93.12 	applies unless the parenting time of the parents is
93.13 	substantially equal or the obligor is responsible for providing
93.14 	overnight parenting time less than 15 percent of the days in the
93.15 	year.  Parenting time is substantially equal if each parent
93.16 	provides overnight care for the child at least 45 percent of the
93.17 	days in the year.
93.18 	(b) A noncustodial parent is presumed to be entitled to at
93.19 	least 30 percent overnight parenting time per year for purposes
93.20 	of the parenting time adjustment under this subdivision.
93.21 	(c) The court shall reduce the basic support amount
93.22 	allocated to the obligor by 17.5 percent, to reflect the
93.23 	obligor's expenditures for food, transportation, and
93.24 	miscellaneous costs during parenting time.
93.25 	(d) If this subdivision applies, the court must not make
93.26 	any other adjustment in the basic support obligation of the
93.27 	obligor or deviate from the child support guidelines based on
93.28 	the amount of parenting time granted to the obligor.
93.29 	(e) If, after receiving an adjustment in the basic support
93.30 	obligation under this subdivision, an obligor actually provides
93.31 	less than 15 percent overnight parenting time in any one-year
93.32 	period, the failure to provide that parenting time is grounds
93.33 	for modification of the child support order under section
93.34 	517C.28 to eliminate the parenting time adjustment under this
93.35 	subdivision.  It is an affirmative defense to modification of a
94.1 	child support order under this paragraph if the obligor
94.2 	establishes that the failure to provide parenting time was due
94.3 	to circumstances beyond the obligor's control, including, but
94.4 	not limited to, physical or mental disability or health,
94.5 	military service, or imprisonment of the obligor.
94.6 	(f) An obligor is not entitled to a parenting time
94.7 	adjustment under this subdivision if the court orders less than
94.8 	15 percent of overnight parenting time to the obligor.
94.9 		Subd. 3.Income cap on determining basic support. (a)
94.10 	The basic support obligation for parents with a combined monthly
94.11 	income in excess of the income limit currently in effect under
94.12 	subdivision 1 must be the same dollar amount as provided for
94.13 	parties with a combined monthly income equal to the income limit
94.14 	in effect under subdivision 1.
94.15 	(b) A court may order a basic support obligation in a child
94.16 	support order in an amount that exceeds the income limit in
94.17 	subdivision 1 if it finds that a child has a disability or other
94.18 	substantial, demonstrated need for the additional support and
94.19 	that the additional support will directly benefit the child.
94.20 	(c) The dollar amount for the cap in subdivision 1 must be
94.21 	adjusted on July 1 of every even-numbered year to reflect
94.22 	cost-of-living changes.  The Supreme Court must select the index
94.23 	for the adjustment from the indices listed in section 517C.31.
94.24 	The state court administrator must make the changes in the
94.25 	dollar amounts required by this paragraph available to courts
94.26 	and the public on or before April 30 of the year in which the
94.27 	amount is to change.
94.28 		Subd. 4.More than six children. If a child support
94.29 	proceeding involves more than six children, the court may derive
94.30 	a support order without specifically following the guidelines.
94.31 	However, the court must consider the basic principles
94.32 	encompassed by the guidelines and must consider both parents'
94.33 	needs, resources, and circumstances.
94.34 		Subd. 5.Report to legislature. No later than 2006 and
94.35 	every four years after that, the commissioner of human services
94.36 	shall conduct a review of the child support guidelines.

95.1 	Sec. 13. [517C.16] CHILD CARE SUPPORT.
95.2 		Subdivision 1.Child care costs. Unless otherwise agreed
95.3 	to by the parties and approved by the court, the court must
95.4 	order that the child care costs be divided between the obligor
95.5 	and obligee based on their proportionate share of the parties'
95.6 	combined monthly income, as determined under section 517C.12,
95.7 	provided that the obligee is actually receiving child care
95.8 	assistance under the basic sliding fee program.  For purposes of
95.9 	this subdivision, "child care costs" means 75 percent of the
95.10 	actual child care costs to reflect the approximate value of
95.11 	state and federal tax credits available to the obligee.
95.12 		Subd. 2.Low-income obligor. (a) If the obligor's income
95.13 	as determined under section 517C.12 meets the income eligibility
95.14 	requirements for child care assistance under the basic sliding
95.15 	fee program under chapter 119B, the court must order the obligor
95.16 	to pay the lesser of the following amounts:
95.17 	(1) the amount of the obligor's monthly co-payment for
95.18 	child care assistance under the basic sliding fee schedule
95.19 	established by the commissioner of education under chapter 119B,
95.20 	based on an obligor's monthly gross income as determined under
95.21 	section 517C.12 and the size of the obligor's household.  For
95.22 	purposes of this subdivision, the obligor's household includes
95.23 	the obligor and the number of children for whom child support is
95.24 	being ordered; or 
95.25 	(2) the amount of the obligor's child care obligation under
95.26 	subdivision 1.
95.27 	(b) The commissioner of human services must publish a table
95.28 	with the child care assistance basic sliding fee amounts and
95.29 	update the table for changes to the basic sliding fee schedule
95.30 	by July 1 of each year.
95.31 		Subd. 3.Determining costs. (a) The court must require
95.32 	verification of employment or school attendance and
95.33 	documentation of child care expenses from the obligee and the
95.34 	public authority, if applicable.
95.35 	(b) If child care expenses fluctuate during the year
95.36 	because of the obligee's seasonal employment or school
96.1 	attendance or extended periods of parenting time with the
96.2 	obligor, the court must determine child care expenses based on
96.3 	an average monthly cost.
96.4 	(c) The amount allocated for child care expenses is
96.5 	considered child support but is not subject to a cost-of-living
96.6 	adjustment under section 517C.31.
96.7 	(d) The court may allow the parent with whom the child does
96.8 	not reside to care for the child while the parent with whom the
96.9 	child resides is working or attending school, as provided in
96.10 	section 517B.25, subdivision 8.  Allowing the parent with whom
96.11 	the child does not reside to care for the child under section
96.12 	517B.25, subdivision 8, is not a reason to deviate from the
96.13 	guidelines.
96.14 	(e) The court may limit child care expenses to the market
96.15 	rates found for the city or county of residence of the obligee
96.16 	as surveyed by the commissioner of human services for purposes
96.17 	of chapter 119B.
96.18 		Subd. 4.Change in child care. (a) When a court order
96.19 	provides for child care expenses and the public authority
96.20 	provides child support enforcement services, the public
96.21 	authority must suspend collecting the amount allocated for child
96.22 	care expenses when:
96.23 	(1) either party informs the public authority that no child
96.24 	care costs are being incurred; and 
96.25 	(2) the public authority verifies the accuracy of the
96.26 	information.
96.27 	The public authority will resume collecting child care expenses
96.28 	when either party provides information that child care costs
96.29 	have resumed.
96.30 	(b) If the parties provide conflicting information to the
96.31 	public authority regarding whether child care expenses are being
96.32 	incurred, the public authority will continue or resume
96.33 	collecting child care expenses.  Either party, by motion to the
96.34 	court, may challenge the suspension or resumption of the
96.35 	collection of child care expenses.  If the public authority
96.36 	suspends collection activities for the amount allocated for
97.1 	child care expenses, all other provisions of the court order
97.2 	remain in effect.
97.3 	(c) In cases where there is a substantial increase or
97.4 	decrease in child care expenses, the parties may modify the
97.5 	order under section 517C.31.

97.6 	Sec. 14. [517C.17] MEDICAL SUPPORT.
97.7 		Subdivision 1.Definitions. The definitions in this
97.8 	subdivision apply to this chapter.
97.9 	(a) "Health care coverage" means health care benefits that
97.10 	are provided by a health plan.  Health care coverage does not
97.11 	include any form of medical assistance under chapter 256B or
97.12 	MinnesotaCare under chapter 256L.
97.13 	(b) "Health carrier" means a carrier as defined in sections
97.14 	62A.011, subdivision 2, and 62L.02, subdivision 16.
97.15 	(c) "Health plan" means a plan meeting the definition under
97.16 	section 62A.011, subdivision 3, a group health plan governed
97.17 	under the federal Employee Retirement Income Security Act of
97.18 	1974 (ERISA), a self-insured plan under sections 43A.23 to
97.19 	43A.317 and 471.617, or a policy, contract, or certificate
97.20 	issued by a community-integrated service network licensed under
97.21 	chapter 62N.  Health plan includes plans:  (1) provided on an
97.22 	individual and group basis; (2) provided by an employer or
97.23 	union; (3) purchased in the private market; and (4) available to
97.24 	a person eligible to carry insurance for the child.  Health plan
97.25 	includes a plan providing for dependent-only dental or vision
97.26 	coverage and a plan provided through a party's spouse or parent.
97.27 	(d) "Medical support" means providing health care coverage
97.28 	for a child by carrying health care coverage for the child or by
97.29 	contributing to the cost of health care coverage, public
97.30 	coverage, unreimbursed medical expenses, and uninsured medical
97.31 	expenses of the child.
97.32 	(e) "National medical support notice" means an
97.33 	administrative notice issued by the public authority to enforce
97.34 	health insurance provisions of a support order in accordance
97.35 	with Code of Federal Regulations, title 45, section 303.32, in
97.36 	cases where the public authority provides support enforcement
98.1 	services.
98.2 	(f) "Public coverage" means health care benefits provided
98.3 	by any form of medical assistance under chapter 256B or
98.4 	MinnesotaCare under chapter 256L.
98.5 	(g) "Uninsured medical expenses" means a child's reasonable
98.6 	and necessary health-related expenses if the child is not
98.7 	covered by a health plan or public coverage when the expenses
98.8 	are incurred.
98.9 	(h) "Unreimbursed medical expenses" means a child's
98.10 	reasonable and necessary health-related expenses if a child is
98.11 	covered by a health plan or public coverage and the plan or
98.12 	coverage does not pay for the total cost of the expenses when
98.13 	the expenses are incurred.  Unreimbursed medical expenses do not
98.14 	include the cost of premiums.  Unreimbursed medical expenses
98.15 	include, but are not limited to, deductibles, co-payments, and
98.16 	expenses for orthodontia, and prescription eyeglasses and
98.17 	contact lenses.
98.18 		Subd. 2.Order. (a) A completed national medical support
98.19 	notice issued by the public authority or a court order that
98.20 	complies with this section is a qualified medical child support
98.21 	order under the federal Employee Retirement Income Security Act
98.22 	of 1974 (ERISA), United States Code, title 29, section 1169(a).
98.23 	(b) Every order addressing child support must state:
98.24 	(1) the names, last known addresses, and Social Security
98.25 	numbers of the parents and the child that is a subject of the
98.26 	order unless the court prohibits the inclusion of an address or
98.27 	Social Security number and orders the parents to provide the
98.28 	address and Social Security number to the administrator of the
98.29 	health plan;
98.30 	(2) whether appropriate health care coverage for the child
98.31 	is available and, if so, state:
98.32 	(i) which party must carry health care coverage;
98.33 	(ii) the cost of premiums and how the cost is allocated
98.34 	between the parties;
98.35 	(iii) how unreimbursed expenses will be allocated and
98.36 	collected by the parties; and 
99.1 	(iv) the circumstances, if any, under which the obligation
99.2 	to provide health care coverage for the child will shift from
99.3 	one party to the other;
99.4 	(3) if appropriate health care coverage is not available
99.5 	for the child, whether a contribution for medical support is
99.6 	required; and 
99.7 	(4) whether the amount ordered for medical support is
99.8 	subject to a cost-of-living adjustment under section 517C.31.
99.9 		Subd. 3.Determining appropriate health care
99.10 	coverage. (a) In determining whether a party has appropriate
99.11 	health care coverage for the child, the court must evaluate the
99.12 	health plan using the following factors:
99.13 	(1) accessible coverage.  Dependent health care coverage is
99.14 	accessible if the covered child can obtain services from a
99.15 	health plan provider with reasonable effort by the parent with
99.16 	whom the child resides.  Health care coverage is presumed
99.17 	accessible if:
99.18 	(i) primary care coverage is available within 30 minutes or
99.19 	30 miles of the child's residence and specialty care coverage is
99.20 	available within 60 minutes or 60 miles of the child's
99.21 	residence;
99.22 	(ii) the coverage is available through an employer and the
99.23 	employee can be expected to remain employed for a reasonable
99.24 	amount of time; and 
99.25 	(iii) no preexisting conditions exist to delay coverage
99.26 	unduly;
99.27 	(2) comprehensive coverage.  Dependent health care coverage
99.28 	is comprehensive if it includes, at a minimum, medical and
99.29 	hospital coverage and provides for preventive, emergency, acute,
99.30 	and chronic care.  If both parties have health care coverage
99.31 	that meets the minimum requirements, the court must determine
99.32 	which health care coverage is more comprehensive by considering
99.33 	whether the coverage includes:
99.34 	(i) basic dental coverage;
99.35 	(ii) orthodontia;
99.36 	(iii) eyeglasses;
100.1 	(iv) contact lenses;
100.2 	(v) mental health services; or 
100.3 	(vi) substance abuse treatment;
100.4 	(3) affordable coverage.  Dependent health care coverage is
100.5 	affordable if it is reasonable in cost; and 
100.6 	(4) the child's special medical needs, if any.
100.7 	(b) If both parties have health care coverage available for
100.8 	a child, and the court determines under paragraph (a), clauses
100.9 	(1) and (2), that the available coverage is comparable with
100.10 	regard to accessibility and comprehensiveness, the least costly
100.11 	health care coverage is the appropriate health care coverage for
100.12 	the child.
100.13 		Subd. 4.Ordering health care coverage. (a) If a child
100.14 	is presently enrolled in health care coverage, the court must
100.15 	order that the parent who currently has the child enrolled
100.16 	continue that enrollment unless the parties agree otherwise or a
100.17 	party requests a change in coverage and the court determines
100.18 	that other health care coverage is more appropriate.
100.19 	(b) If a child is not presently enrolled in health care
100.20 	coverage, upon motion of a party or the public authority, the
100.21 	court must determine whether one or both parties have
100.22 	appropriate health care coverage for the child and order the
100.23 	party with appropriate health care coverage available to carry
100.24 	the coverage for the child.
100.25 	(c) If only one party has appropriate health care coverage
100.26 	available, the court must order that party to carry the coverage
100.27 	for the child.
100.28 	(d) If both parties have appropriate health care coverage
100.29 	available, the court must order the parent with whom the child
100.30 	resides to carry the coverage for the child, unless:
100.31 	(1) either party expresses a preference for coverage
100.32 	available through the parent with whom the child does not
100.33 	reside;
100.34 	(2) the parent with whom the child does not reside is
100.35 	already carrying dependent health care coverage for other
100.36 	children and the cost of contributing to the premiums of the
101.1 	other parent's coverage would cause the parent with whom the
101.2 	child does not reside extreme hardship; or 
101.3 	(3) the parents agree to provide coverage and agree on the
101.4 	allocation of costs.
101.5 	(e) If the exception in paragraph (d), clause (1) or (2),
101.6 	applies, the court must determine which party has the most
101.7 	appropriate coverage available and order that party to carry
101.8 	coverage for the child.  If the court determines under
101.9 	subdivision 3, paragraph (a), clauses (1) and (2), that the
101.10 	parties' health care coverage for the child is comparable with
101.11 	regard to accessibility and comprehensiveness, the court must
101.12 	order the party with the least costly health care coverage to
101.13 	carry coverage for the child.
101.14 	(f) If neither party has appropriate health care coverage
101.15 	available, the court must order the parents to:
101.16 	(1) contribute toward the actual health care costs of the
101.17 	children based on a pro rata share; or 
101.18 	(2) if the child is receiving any form of medical
101.19 	assistance under chapter 256B or MinnesotaCare under chapter
101.20 	256L, the parent with whom the child does not reside shall
101.21 	contribute a monthly amount toward the actual cost of medical
101.22 	assistance under chapter 256B or MinnesotaCare under chapter
101.23 	256L determined by the court to be just and appropriate; the
101.24 	contribution of the parent with whom the child resides is the
101.25 	monthly contribution as determined by the eligibility
101.26 	requirements for public coverage.
101.27 	(g) If the court finds a pro rata apportionment unjust or
101.28 	inappropriate under paragraph (f), the court shall:
101.29 	(1) order the parties to contribute an amount of the cost
101.30 	of health care as the court finds just and appropriate; and 
101.31 	(2) make findings regarding the factors considered, the
101.32 	amount of each parent's share of the cost, and the reasons the
101.33 	court did not order a pro rata apportionment.
101.34 	A presumption of no less than $50 per month must be applied
101.35 	to the actual health care costs of the children or to the cost
101.36 	of health care coverage.
102.1 	(h) The commissioner of human services must publish a table
102.2 	with the premium schedule for public coverage and update the
102.3 	chart for changes to the schedule by July 1 of each year.
102.4 		Subd. 5.Medical support costs; unreimbursed and
102.5 	uninsured medical expenses. (a) Unless otherwise agreed to by
102.6 	the parties and approved by the court, the court must order that
102.7 	the cost of health care coverage and all unreimbursed and
102.8 	uninsured medical expenses be divided between the obligor and
102.9 	obligee based on their proportionate share of the parties'
102.10 	combined monthly income, as determined under section 517C.12.
102.11 	(b) If a party owes a child support obligation for a child
102.12 	and is ordered to carry health care coverage for the child, and
102.13 	the other party is ordered to contribute to the carrying party's
102.14 	cost for coverage, the carrying party's child support payment
102.15 	must be reduced by the amount of the contributing party's
102.16 	contribution.
102.17 	(c) If a party owes a child support obligation for a child
102.18 	and is ordered to contribute to the other party's cost for
102.19 	carrying health care coverage for the child, the contributing
102.20 	party's child support payment must be increased by the amount of
102.21 	the contribution.
102.22 	(d) If the party ordered to carry health care coverage for
102.23 	the child already carries dependent health care coverage for
102.24 	other dependents and would incur no additional premium costs to
102.25 	add the child to the existing coverage, the court must not order
102.26 	the other party to contribute to the premium costs for coverage
102.27 	of the child.
102.28 	(e) If a party ordered to carry health care coverage for
102.29 	the child does not already carry dependent health care coverage
102.30 	but has other dependents who may be added to the ordered
102.31 	coverage, the full premium costs of the dependent health care
102.32 	coverage must be allocated between the parties in proportion to
102.33 	the party's share of the parties' combined income, unless the
102.34 	parties agree otherwise.
102.35 	(f) If a party ordered to carry health care coverage for
102.36 	the child is required to enroll in a health plan so that the
103.1 	child can be enrolled in dependent health care coverage under
103.2 	the plan, the court must allocate the costs of the dependent
103.3 	health care coverage between the parties.  The costs of the
103.4 	health care coverage for the party ordered to carry the coverage
103.5 	for the child must not be allocated between the parties.
103.6 	Subd. 6.[NOTICE OR COURT ORDER SENT TO PARTY'S EMPLOYER,
103.7 	UNION, OR HEALTH CARRIER.] (a) The public authority must forward
103.8 	a copy of the national medical support notice or court order for
103.9 	health care coverage to the party's employer within two business
103.10 	days after the date the party is entered into the work reporting
103.11 	system under section 256.998.
103.12 	(b) The public authority or a party seeking to enforce an
103.13 	order for health care coverage must forward a copy of the
103.14 	national medical support notice or court order to the obligor's
103.15 	employer or union, or to the health carrier under the following
103.16 	circumstances:
103.17 	(1) the party ordered to carry health care coverage for the
103.18 	child fails to provide written proof to the other party or the
103.19 	public authority, within 30 days of the effective date of the
103.20 	court order, that the party has applied for health care coverage
103.21 	for the child;
103.22 	(2) the party seeking to enforce the order or the public
103.23 	authority gives written notice to the party ordered to carry
103.24 	health care coverage for the child of its intent to enforce
103.25 	medical support.  The party seeking to enforce the order or
103.26 	public authority must mail the written notice to the last known
103.27 	address of the party ordered to carry health care coverage for
103.28 	the child; and 
103.29 	(3) the party ordered to carry health care coverage for the
103.30 	child fails, within 15 days after the date on which the written
103.31 	notice under clause (2) was mailed, to provide written proof to
103.32 	the other party or the public authority that the party has
103.33 	applied for health care coverage for the child.
103.34 	(c) The public authority is not required to forward a copy
103.35 	of the national medical support notice or court order to the
103.36 	obligor's employer or union, or to the health carrier, if the
104.1 	court orders health care coverage for the child that is not
104.2 	employer-based or union-based coverage.
104.3 		Subd. 7.Employer or union requirements. (a) An employer
104.4 	or union must forward the national medical support notice or
104.5 	court order to its health plan within 20 business days after the
104.6 	date on the national medical support notice or after receipt of
104.7 	the court order.
104.8 	(b) Upon determination by an employer's or union's health
104.9 	plan administrator that a child is eligible to be covered under
104.10 	the health plan, the employer or union and health plan must
104.11 	enroll the child as a beneficiary in the health plan, and the
104.12 	employer must withhold any required premiums from the income or
104.13 	wages of the party ordered to carry health care coverage for the
104.14 	child.
104.15 	(c) If enrollment of the party ordered to carry health care
104.16 	coverage for a child is necessary to obtain dependent health
104.17 	care coverage under the plan, and the party is not enrolled in
104.18 	the health plan, the employer or union must enroll the party in
104.19 	the plan.
104.20 	(d) Enrollment of dependents and, if necessary, the party
104.21 	ordered to carry health care coverage for the child must be
104.22 	immediate and not dependent upon open enrollment periods.
104.23 	Enrollment is not subject to the underwriting policies under
104.24 	section 62A.048.
104.25 	(e) Failure of the party ordered to carry health care
104.26 	coverage for the child to execute any documents necessary to
104.27 	enroll the dependent in the health plan does not affect the
104.28 	obligation of the employer or union and health plan to enroll
104.29 	the dependent in a plan.  Information and authorization provided
104.30 	by the public authority, or by a party or guardian, is valid for
104.31 	the purposes of meeting enrollment requirements of the health
104.32 	plan.
104.33 	(f) An employer or union that is included under the federal
104.34 	Employee Retirement Income Security Act of 1974 (ERISA), United
104.35 	States Code, title 29, section 1169(a), may not deny enrollment
104.36 	to the child or to the parent if necessary to enroll the child
105.1 	based on exclusionary clauses described in section 62A.048.
105.2 	(g) A new employer or union of a party who is ordered to
105.3 	provide health care coverage for a child must enroll the child
105.4 	in the party's health plan as required by a national medical
105.5 	support notice or court order.
105.6 		Subd. 8.Health plan requirements. (a) If a health plan
105.7 	administrator receives a completed national medical support
105.8 	notice or court order, the plan administrator must notify the
105.9 	parties, and the public authority if the public authority
105.10 	provides support enforcement services, within 40 business days
105.11 	after the date of the notice or after receipt of the court
105.12 	order, of the following:
105.13 	(1) whether coverage is available to the child under the
105.14 	terms of the health plan and, if not, the reason why coverage is
105.15 	not available;
105.16 	(2) whether the child is covered under the health plan;
105.17 	(3) the effective date of the child's coverage under the
105.18 	health plan; and 
105.19 	(4) what steps, if any, are required to effectuate the
105.20 	child's coverage under the health plan.
105.21 	(b) If the employer or union offers more than one plan and
105.22 	the national medical support notice or court order does not
105.23 	specify the plan to be carried, the plan administrator must
105.24 	notify the parents and the public authority if the public
105.25 	authority provides support enforcement services.  When there is
105.26 	more than one option available under the plan, the public
105.27 	authority, in consultation with the parent with whom the child
105.28 	resides, must promptly select from available plan options.
105.29 	(c) The plan administrator must provide the parents and
105.30 	public authority, if the public authority provides support
105.31 	enforcement services, with a notice of the child's enrollment,
105.32 	description of the coverage, and any documents necessary to
105.33 	effectuate coverage.
105.34 	(d) The health plan must send copies of all correspondence
105.35 	regarding the health care coverage to the parents.
105.36 	(e) An insured child's parent's signature is a valid
106.1 	authorization to a health plan for purposes of processing an
106.2 	insurance reimbursement payment to the medical services provider
106.3 	or to the parent, if medical services have been prepaid by that
106.4 	parent.
106.5 		Subd. 9.Employer or union liability. (a) An employer or
106.6 	union that willfully fails to comply with the order or notice is
106.7 	liable for any uninsured medical expenses incurred by the
106.8 	dependents while the dependents were eligible to be enrolled in
106.9 	the health plan and for any other premium costs incurred because
106.10 	the employer or union willfully failed to comply with the order
106.11 	or notice.
106.12 	(b) An employer or union that fails to comply with the
106.13 	order or notice is subject to a contempt finding, a $250 civil
106.14 	penalty under section 517C.57, and is subject to a civil penalty
106.15 	of $500 to be paid to the party entitled to reimbursement or the
106.16 	public authority.  Penalties paid to the public authority are
106.17 	designated for child support enforcement services.
106.18 		Subd. 10.Contesting enrollment. (a) A party may contest
106.19 	a child's enrollment in a health plan on the limited grounds
106.20 	that the enrollment is improper due to mistake of fact or that
106.21 	the enrollment meets the requirements of section 517C.26.
106.22 	(b) If the party chooses to contest the enrollment, the
106.23 	party must do so no later than 15 days after the employer
106.24 	notifies the party of the enrollment by doing the following:
106.25 	(1) filing a motion in district court or according to
106.26 	section 484.702 and the expedited child support process rules if
106.27 	the public authority provides support enforcement services;
106.28 	(2) serving the motion on the other party and public
106.29 	authority if the public authority provides support enforcement
106.30 	services; and 
106.31 	(3) securing a date for the matter to be heard no later
106.32 	than 45 days after the notice of enrollment.
106.33 	(c) The enrollment must remain in place while the party
106.34 	contests the enrollment.
106.35 		Subd. 11.Disenrollment; continuation of coverage;
106.36 	coverage options. (a) Unless a court order provides otherwise,
107.1 	a child for whom a party is required to provide health care
107.2 	coverage under this section must be covered as a dependent of
107.3 	the party until the child is emancipated, until further order of
107.4 	the court, or as consistent with the terms of the coverage.
107.5 	(b) The health carrier, employer, or union may not
107.6 	disenroll or eliminate coverage for the child unless:
107.7 	(1) the health carrier, employer, or union is provided
107.8 	satisfactory written evidence that the court order is no longer
107.9 	in effect;
107.10 	(2) the child is or will be enrolled in comparable health
107.11 	care coverage through another health plan that will take effect
107.12 	no later than the effective date of the disenrollment;
107.13 	(3) the employee is no longer eligible for dependent
107.14 	coverage; or 
107.15 	(4) the required premium has not been paid by or on behalf
107.16 	of the child.
107.17 	(c) The health plan must provide 30 days' written notice to
107.18 	the child's parents, and the public authority if the public
107.19 	authority provides support enforcement services, before the
107.20 	health plan disenrolls or eliminates the child's coverage.
107.21 	(d) A child enrolled in health care coverage under a
107.22 	qualified medical child support order, including a national
107.23 	medical support notice, under this section is a dependent and a
107.24 	qualified beneficiary under the Consolidated Omnibus Budget and
107.25 	Reconciliation Act of 1985 (COBRA), Public Law 99-272.  Upon
107.26 	expiration of the order, the child is entitled to the
107.27 	opportunity to elect continued coverage that is available under
107.28 	the health plan.  The employer or union must provide notice to
107.29 	the parties and the public authority, if it provides support
107.30 	services, within ten days of the termination date.
107.31 	(e) If the public authority provides support enforcement
107.32 	services and a plan administrator reports to the public
107.33 	authority that there is more than one coverage option available
107.34 	under the health plan, the public authority, in consultation
107.35 	with the parent with whom the child resides, must promptly
107.36 	select coverage from the available options.
108.1 		Subd. 12.Spousal or former spousal coverage. The court
108.2 	must require the parent with whom the child does not reside to
108.3 	provide dependent health care coverage for the benefit of the
108.4 	parent with whom the child resides if the parent is ordered to
108.5 	provide dependent health care coverage for the parties' child
108.6 	and adding the other parent to the coverage results in no
108.7 	additional premium cost.
108.8 		Subd. 13.Disclosure of information. (a) If the public
108.9 	authority provides support enforcement services, the parties
108.10 	must provide the public authority with the following information:
108.11 	(1) information relating to dependent health care coverage
108.12 	or public coverage available for the benefit of the child for
108.13 	whom support is sought, including all information required to be
108.14 	included in a medical support order under this section;
108.15 	(2) verification that application for court-ordered health
108.16 	care coverage was made within 30 days of the court's order; and 
108.17 	(3) the reason that a child is not enrolled in
108.18 	court-ordered health care coverage, if a child is not enrolled
108.19 	in coverage or subsequently loses coverage.
108.20 	(b) Upon request from the public authority under section
108.21 	256.978, an employer, union, or plan administrator, including an
108.22 	employer subject to the federal Employee Retirement Income
108.23 	Security Act of 1974 (ERISA), United States Code, title 29,
108.24 	section 1169(a), must provide the public authority the following
108.25 	information:
108.26 	(1) information relating to dependent health care coverage
108.27 	available to a party for the benefit of the child for whom
108.28 	support is sought, including all information required to be
108.29 	included in a medical support order under this section; and 
108.30 	(2) information that will enable the public authority to
108.31 	determine whether a health plan is appropriate for a child,
108.32 	including, but not limited to, all available plan options, any
108.33 	geographic service restrictions, and the location of service
108.34 	providers.
108.35 	(c) The employer, union, or plan administrator must not
108.36 	release information regarding one party to the other party.  The
109.1 	employer, union, or plan administrator must provide both parties
109.2 	with insurance identification cards and all necessary written
109.3 	information to enable the parties to utilize the insurance
109.4 	benefits for the covered dependent.
109.5 	(d) The public authority is authorized to release to a
109.6 	party's employer, union, or health plan information necessary to
109.7 	verify availability of dependent health care coverage, or to
109.8 	establish, modify, or enforce medical support.
109.9 	(e) An employee must disclose to an employer if medical
109.10 	support is required to be withheld under this section and the
109.11 	employer must begin withholding according to the terms of the
109.12 	order and under section 517C.52.  If an employee discloses an
109.13 	obligation to obtain health care coverage and coverage is
109.14 	available through the employer, the employer must make all
109.15 	application processes known to the individual and enroll the
109.16 	employee and dependent in the plan.
109.17 		Subd. 14.Child support enforcement services. The public
109.18 	authority must take necessary steps to establish and enforce an
109.19 	order for medical support if the child receives public
109.20 	assistance or a party completes an application for services from
109.21 	the public authority under section 517C.38, subdivision 2.
109.22 		Subd. 15.Enforcement. (a) Remedies available for
109.23 	collecting and enforcing child support apply to medical support.
109.24 	(b) For the purpose of enforcement, the following are
109.25 	additional support:
109.26 	(1) the costs of individual or group health or
109.27 	hospitalization coverage;
109.28 	(2) dental coverage;
109.29 	(3) medical costs ordered by the court to be paid by either
109.30 	party, including health and dental insurance premiums paid by
109.31 	the obligee because of the obligor's failure to obtain coverage
109.32 	as ordered; and 
109.33 	(4) liabilities established under this subdivision.
109.34 	(c) A party who fails to carry court-ordered dependent
109.35 	health care coverage is liable for the child's uninsured medical
109.36 	expenses unless a court order provides otherwise.  A party's
110.1 	failure to carry court-ordered coverage, or to provide other
110.2 	medical support as ordered, is a basis for modification of a
110.3 	support order under section 517C.28.
110.4 	(d) Payments by the health carrier or employer for services
110.5 	rendered to the dependents that are directed to a party not owed
110.6 	reimbursement must be endorsed over to and forwarded to the
110.7 	vendor or appropriate party or the public authority.  A party
110.8 	retaining insurance reimbursement not owed to the party is
110.9 	liable for the amount of the reimbursement.
110.10 		Subd. 16.Income withholding; offset. (a) If a party
110.11 	owes no child support obligation for a child and is an obligor
110.12 	ordered to contribute to the other party's cost for carrying
110.13 	health care coverage for the child, the obligor is subject to an
110.14 	offset under subdivision 5 or income withholding under section
110.15 	517C.52.
110.16 	(b) If a party's court-ordered health care coverage for the
110.17 	child terminates and the child is not enrolled in other health
110.18 	care coverage or public coverage, and a modification motion is
110.19 	not pending, the public authority may remove the offset to a
110.20 	party's child support obligation or terminate income withholding
110.21 	instituted against a party under section 517C.52.  The public
110.22 	authority must provide notice to the parties of the action.
110.23 	(c) A party may contest the public authority's action to
110.24 	remove the offset to the child support obligation or terminate
110.25 	income withholding if the party makes a written request for a
110.26 	hearing within 30 days after receiving written notice.  If a
110.27 	party makes a timely request for a hearing, the public authority
110.28 	must schedule a hearing and send written notice of the hearing
110.29 	to the parties by mail to the parties' last known addresses at
110.30 	least 14 days before the hearing.  The hearing must be conducted
110.31 	in district court or in the expedited child support process if
110.32 	section 484.702 applies.  The district court or child support
110.33 	magistrate must determine whether removing the offset or
110.34 	terminating income withholding is appropriate and, if
110.35 	appropriate, the effective date for the removal or termination.
110.36 	(d) If the party does not request a hearing, the district
111.1 	court or child support magistrate must order the offset or
111.2 	income withholding termination effective the first day of the
111.3 	month following termination of the child's health care coverage.
111.4 		Subd. 17.Collecting unreimbursed and uninsured medical
111.5 	expenses. (a) A party must initiate a request for reimbursement
111.6 	of unreimbursed and uninsured medical expenses within two years
111.7 	of the date that the party incurred the unreimbursed or
111.8 	uninsured medical expenses.  The time period in this paragraph
111.9 	does not apply if the location of the other party is unknown.
111.10 	(b) A party seeking reimbursement of unreimbursed and
111.11 	uninsured medical expenses must mail a written notice of intent
111.12 	to collect the expenses and a copy of an affidavit of health
111.13 	care expenses to the other party at the other party's last known
111.14 	address.
111.15 	(c) The written notice must include a statement that the
111.16 	party has 30 days from the date the notice was mailed to (1) pay
111.17 	in full; (2) enter a payment agreement; or (3) file a motion
111.18 	requesting a hearing contesting the matter.  If the public
111.19 	authority provides support enforcement services, the written
111.20 	notice also must include a statement that the requesting party
111.21 	must submit the amount due to the public authority for
111.22 	collection.
111.23 	(d) The affidavit of health care expenses must itemize and
111.24 	document the child's unreimbursed or uninsured medical expenses
111.25 	and include copies of all bills, receipts, and insurance company
111.26 	explanations of benefits.
111.27 	(e) If the public authority provides support enforcement
111.28 	services, the party seeking reimbursement must send to the
111.29 	public authority a copy of the written notice, the original
111.30 	affidavit, and copies of all bills, receipts, and insurance
111.31 	company explanations of benefits.
111.32 	(f) If the party does not respond to the request for
111.33 	reimbursement within 30 days, the party seeking reimbursement or
111.34 	public authority, if the public authority provides support
111.35 	enforcement services, must commence an enforcement action
111.36 	against the party under subdivision 18.
112.1 	(g) The public authority must serve the other party with a
112.2 	notice of intent to enforce unreimbursed and uninsured medical
112.3 	expenses and file an affidavit of service by mail with the
112.4 	district court administrator.  The notice must state that,
112.5 	unless the party (1) pays in full; (2) enters into a payment
112.6 	agreement; or (3) files a motion contesting the matter within 14
112.7 	days of service of the notice, the public authority will
112.8 	commence enforcement of the expenses as medical support arrears
112.9 	under subdivision 18.
112.10 	(h) If the party files a timely motion for a hearing
112.11 	contesting the requested reimbursement, the contesting party
112.12 	must schedule a hearing in district court or in the expedited
112.13 	child support process if section 484.702 applies.  The
112.14 	contesting party must provide the party seeking reimbursement
112.15 	and the public authority, if the public authority provides
112.16 	support enforcement services, with written notice of the hearing
112.17 	at least 14 days before the hearing by mailing notice of the
112.18 	hearing to the public authority and the party at the party's
112.19 	last known address.  The party seeking reimbursement must file
112.20 	the original affidavit of health care expenses with the court at
112.21 	least five days before the hearing.  Based upon the evidence
112.22 	presented, the district court or child support magistrate must
112.23 	determine liability for the expenses and order that the liable
112.24 	party is subject to enforcement of the expenses as medical
112.25 	support arrears under subdivision 18.
112.26 		Subd. 18.Enforcing an order for medical support
112.27 	arrears. (a) If a party liable for unreimbursed and uninsured
112.28 	medical expenses owes a child support obligation to the party
112.29 	seeking reimbursement of the expenses, the expenses must be
112.30 	collected as medical support arrears.
112.31 	(b) If a party liable for unreimbursed and uninsured
112.32 	medical expenses does not owe a child support obligation to the
112.33 	party seeking reimbursement, and the party seeking reimbursement
112.34 	owes the liable party basic support arrears, the liable party's
112.35 	medical support arrears must be deducted from the amount of the
112.36 	basic support arrears.
113.1 	(c) If a liable party owes medical support arrears after
113.2 	deducting the amount owed from the amount of the child support
113.3 	arrears owed by the party seeking reimbursement, it must be
113.4 	collected as follows:
113.5 	(1) if the party seeking reimbursement owes a child support
113.6 	obligation to the liable party, the child support obligation
113.7 	must be reduced by 20 percent until the medical support arrears
113.8 	are satisfied;
113.9 	(2) if the party seeking reimbursement does not owe a child
113.10 	support obligation to the liable party, the liable party's
113.11 	income must be subject to income withholding under section
113.12 	517C.52 for an amount required under section 517C.71 until the
113.13 	medical support arrears are satisfied; or 
113.14 	(3) if the party seeking reimbursement does not owe a child
113.15 	support obligation, and income withholding under section 517C.52
113.16 	is not available, payment of the medical support arrears must be
113.17 	required under a payment agreement under section 517C.71.
113.18 	(d) If a liable party fails to enter into or comply with a
113.19 	payment agreement, the party seeking reimbursement or the public
113.20 	authority, if it provides support enforcement services, may
113.21 	schedule a hearing to have a court order payment.  The party
113.22 	seeking reimbursement or the public authority must provide the
113.23 	liable party with written notice of the hearing at least 14 days
113.24 	before the hearing.

113.25 	Sec. 15. [517C.18] SELF-SUPPORT ADJUSTMENT.
113.26 		Subdivision 1.Adjustment. (a) If the sum of the
113.27 	obligor's basic support, child care support, and medical support
113.28 	obligation leaves the obligor with remaining income in an amount
113.29 	less than 120 percent of the federal poverty guidelines for one
113.30 	person, the court must reduce the obligor's child support
113.31 	obligation by an amount equal to the lesser of:  (1) the
113.32 	difference between the obligor's remaining income and 120
113.33 	percent of the federal poverty guidelines amount; or (2) the
113.34 	obligor's total child support obligation.  If the self-support
113.35 	adjustment results in an order amount less than $50 per month
113.36 	for one or two children or $75 per month for three or more
114.1 	children, the court must order basic support under subdivision 2.
114.2 	(b) The court must apply the reduction to the obligor's
114.3 	child support obligation in the following order:
114.4 	(1) medical support obligation;
114.5 	(2) child care support obligation; and 
114.6 	(3) basic support obligation.
114.7 		Subd. 2.Minimum basic support amount. (a) If the
114.8 	reduction under subdivision 1 equals the sum of the obligor's
114.9 	basic support, child care support, and medical support
114.10 	obligation, the court must order support as follows:
114.11 	(1) for one or two children, the obligor's basic support
114.12 	obligation is $50 per month; or 
114.13 	(2) for three or more children, the obligor's basic support
114.14 	obligation is $75 per month.
114.15 	(b) If the court orders the obligor to pay the minimum
114.16 	basic support amount under this subdivision, the obligor is
114.17 	presumed unable to pay child care support and medical support.
114.18 	(c) If the court finds that an obligor receives no income
114.19 	and completely lacks the ability to earn income, the minimum
114.20 	basic support amount under this subdivision does not apply.

114.21 	Sec. 16. [517C.19] WORKSHEET.
114.22 	The commissioner of human services must create and publish
114.23 	a worksheet to assist in calculating child support under
114.24 	sections 517C.12 to 517C.18.  The worksheet must not impose
114.25 	substantive requirements other than requirements contained in
114.26 	sections 517C.12 to 517C.18.  The commissioner must update the
114.27 	worksheet by July 1 of each year.  The commissioner must make an
114.28 	interactive version of the worksheet available on the department
114.29 	of human services Web site.

114.30 	Sec. 17. [517C.20] DEVIATIONS.
114.31 		Subdivision 1.General factors. Among other reasons,
114.32 	deviation from the presumptive guideline amount is intended to
114.33 	encourage prompt and regular payments of child support and to
114.34 	ameliorate the impoverishment of either the child or obligor.
114.35 	In addition to the child support guidelines, the court must take
114.36 	into consideration the following factors in setting or modifying
115.1 	child support or in determining whether to deviate upward or
115.2 	downward from the guidelines:
115.3 	(1) all earnings, income, and resources of the parents,
115.4 	including real and personal property, but excluding income from
115.5 	excess employment of the obligor or obligee that meets the
115.6 	criteria of section 517C.12, subdivision 6;
115.7 	(2) the financial needs and resources, physical and
115.8 	emotional condition, and educational needs of the child to be
115.9 	supported;
115.10 	(3) the standard of living the child would enjoy if the
115.11 	parents were currently living together, but recognizing that the
115.12 	parents now have separate households;
115.13 	(4) which parent receives the income taxation dependency
115.14 	exemption and the financial benefit the parent receives from it;
115.15 	(5) the parents' debts as provided in subdivision 2; and 
115.16 	(6) each parent's eligibility for or receipt of public
115.17 	assistance as defined under section 256.741, subdivision 1.  A
115.18 	court may deviate upward from the amount of child support under
115.19 	the guidelines if a parent does not receive the public
115.20 	assistance that the parent is eligible to receive.
115.21 		Subd. 2.Debt owed to private creditors. (a) In
115.22 	establishing or modifying a support obligation, the court may
115.23 	consider debts owed to private creditors, but only if:
115.24 	(1) the right to support has not been assigned under
115.25 	section 256.741;
115.26 	(2) the court determines that the debt was reasonably
115.27 	incurred for necessary support of the child or parent or for the
115.28 	necessary generation of income.  If the debt was incurred for
115.29 	the necessary generation of income, the court may consider only
115.30 	the amount of debt that is essential to the continuing
115.31 	generation of income; and 
115.32 	(3) the party requesting a departure produces a sworn
115.33 	schedule of the debts, with supporting documentation, showing
115.34 	goods or services purchased, the recipient of them, the original
115.35 	debt amount, the outstanding balance, the monthly payment, and
115.36 	the number of months until the debt will be fully paid.
116.1 	(b) A schedule prepared under paragraph (a), clause (3),
116.2 	must contain a statement that the debt will be fully paid after
116.3 	the number of months shown in the schedule, barring emergencies
116.4 	beyond the party's control.
116.5 	(c) Any further departure below the guidelines that is
116.6 	based on a consideration of debts owed to private creditors must
116.7 	not exceed 18 months in duration.  After 18 months the support
116.8 	must increase automatically to the level ordered by the court.
116.9 	This section does not prohibit one or more step increases in
116.10 	support to reflect debt retirement during the 18-month period.
116.11 	(d) If payment of debt is ordered pursuant to this section,
116.12 	the payment must be ordered to be in the nature of child support.
116.13 		Subd. 3.Evidence. The court may receive evidence on the
116.14 	factors in this section to determine if the guidelines should be
116.15 	exceeded or modified in a particular case.
116.16 		Subd. 4.Payments assigned to public authority. If the
116.17 	child support payments are assigned to the public authority
116.18 	under section 256.741, the court may not deviate downward from
116.19 	the child support guidelines unless the court specifically finds
116.20 	that the failure to deviate downward would impose an extreme
116.21 	hardship on the obligor.
116.22 		Subd. 5.Joint legal custody. An award of joint legal
116.23 	custody is not a reason for departure from the guidelines.

116.24 	Sec. 18. [517C.21] WRITTEN FINDINGS.
116.25 		Subdivision 1.No deviation. If the court does not
116.26 	deviate from the guidelines, the court must make written
116.27 	findings concerning the amount of the parties' income used as
116.28 	the basis for the guidelines calculation and any other
116.29 	significant evidentiary factors affecting the child support
116.30 	determination.
116.31 		Subd. 2.Deviation. (a) If the court deviates from the
116.32 	guidelines, the court must make written findings giving the
116.33 	amount of support calculated under the guidelines, the reasons
116.34 	for the deviation, and must specifically address the criteria in
116.35 	section 517C.20 and how the deviation serves the best interests
116.36 	of the child.
117.1 	(b) The court may deviate from the guidelines if both
117.2 	parties agree and the court makes written findings that it is in
117.3 	the best interests of the child, except that in cases where
117.4 	child support payments are assigned to the public authority
117.5 	under section 256.741, the court may deviate downward only as
117.6 	provided in section 517C.20, subdivision 4.  Nothing in this
117.7 	section prohibits the court from deviating in other cases.
117.8 		Subd. 3.Written findings required in every case. The
117.9 	provisions of this section apply whether or not the parties are
117.10 	each represented by independent counsel and have entered into a
117.11 	written agreement.  The court must review stipulations presented
117.12 	to it for conformity to the guidelines.  The court is not
117.13 	required to conduct a hearing, but the parties must provide the
117.14 	documentation of earnings required under section 517C.10.

117.15 	Sec. 19. [517C.22] GUIDELINES REVIEW.
117.16 	No later than 2006 and every four years after that, the
117.17 	Department of Human Services must conduct a review of the child
117.18 	support guidelines.

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

117.23 	Sec. 21. [517C.25] MODIFICATION; GENERAL.
117.24 		Subdivision 1.Authority. After a child support order is
117.25 	established, the court may, on motion of a party or the public
117.26 	authority, modify the order respecting the amount and payment of
117.27 	support.  The court may make an order respecting any matters it
117.28 	had authority to address in the original proceeding, except as
117.29 	otherwise provided in section 517C.29.  A party or the public
117.30 	authority also may make a motion for contempt of court if the
117.31 	obligor is in arrears in support payments.
117.32 		Subd. 2.Guidelines remain applicable. On a motion for
117.33 	modification of support, the guidelines in this chapter remain
117.34 	applicable.
117.35 		Subd. 3.Evidentiary hearing not required. The court
117.36 	need not hold an evidentiary hearing on a motion for child
118.1 	support modification.
118.2 		Subd. 4.Form. The state court administrator must
118.3 	prepare and make available to courts, obligors, and obligees a
118.4 	form to be submitted in support of a motion for a child support
118.5 	modification or for contempt of court.

118.6 	Sec. 22. [517C.26] REOPENING AN ORDER.
118.7 		Subdivision 1.Factors. Upon a party's motion, the court
118.8 	may rescind a child support order or judgment and may order a
118.9 	new trial or grant other relief as may be just for the following
118.10 	reasons:
118.11 	(1) mistake, inadvertence, surprise, or excusable neglect;
118.12 	(2) newly discovered evidence that could not have been
118.13 	discovered by due diligence in time to move for a new trial
118.14 	under the Minnesota Rules of Civil Procedure;
118.15 	(3) fraud, whether denominated intrinsic or extrinsic,
118.16 	misrepresentation, or other misconduct of an adverse party;
118.17 	(4) the judgment or order is void;
118.18 	(5) the judgment has been satisfied, released, or
118.19 	discharged;
118.20 	(6) the judgment is based on a prior order that has been
118.21 	reversed or otherwise vacated; or 
118.22 	(7) it is no longer equitable that the order should have
118.23 	prospective application.
118.24 		Subd. 2.Procedure; effect. A party's motion must be
118.25 	made within a reasonable time, and, for a reason under
118.26 	subdivision 1, clause (1), (2), or (3), not more than one year
118.27 	after the judgment and decree, order, or proceeding was entered
118.28 	or taken.  A motion under this section does not affect the
118.29 	finality of an order or suspend its operation.  This section
118.30 	does not limit the power of a court to entertain an independent
118.31 	action to relieve a party from an order or proceeding or to
118.32 	grant relief to a party not actually personally notified as
118.33 	provided in the Minnesota Rules of Civil Procedure, or to set
118.34 	aside a judgment for fraud upon the court.

118.35 	Sec. 23. [517C.27] CHANGE IN CUSTODY OR PARENTING TIME.
118.36 		Subdivision 1.Official change in custody; child support
119.1 	suspended. If an obligee has been granted sole physical custody
119.2 	of a child, the child subsequently lives with the obligor, and
119.3 	temporary sole physical custody has been approved by the court
119.4 	or by a court-appointed referee, the court may suspend the
119.5 	obligor's child support obligation pending the final custody
119.6 	determination.  The court's order denying the suspension of
119.7 	child support must include a written explanation of the reasons
119.8 	why continuation of the child support obligation would be in the
119.9 	best interests of the child.
119.10 		Subd. 2.Unofficial change in custody; child support
119.11 	obligation satisfied. The court may conclude that an obligor
119.12 	has satisfied a child support obligation by providing a home,
119.13 	care, and support for the child while the child is living with
119.14 	the obligor, if the court finds that the child was integrated
119.15 	into the family of the obligor with the consent of the obligee
119.16 	and child support payments were not assigned to the public
119.17 	authority.
119.18 		Subd. 3.30-day change; child support reduced. A support
119.19 	order issued under this chapter may provide that, during any
119.20 	period of time of 30 consecutive days or longer that the child
119.21 	is residing with the obligor, the support amount otherwise due
119.22 	under the order may be reduced.

119.23 	Sec. 24. [517C.28] SUBSTANTIAL CHANGE IN CIRCUMSTANCES,
119.24 	EARNINGS, OR NEEDS.
119.25 		Subdivision 1.Factors. (a) A court may modify the terms
119.26 	of a child support order upon a showing of one or more of the
119.27 	following:
119.28 	(1) substantially increased or decreased earnings of an
119.29 	obligor or obligee;
119.30 	(2) substantially increased or decreased need of an obligor
119.31 	or obligee or the child that is the subject of these
119.32 	proceedings;
119.33 	(3) receipt of assistance under the AFDC program formerly
119.34 	codified under sections 256.72 to 256.87 or 256B.01 to 256B.40
119.35 	or chapter 256J or 256K;
119.36 	(4) a change in the cost of living for either party, as
120.1 	measured by the federal Bureau of Labor Statistics, that makes
120.2 	the terms unreasonable and unfair;
120.3 	(5) extraordinary medical expenses of the child not
120.4 	provided for under section 517C.17;
120.5 	(6) the addition of the obligee's work-related or
120.6 	education-related child care expenses or a substantial increase
120.7 	or decrease in existing work-related or education-related child
120.8 	care expenses; or 
120.9 	(7) upon the emancipation of a child if there is still a
120.10 	child under the order.  A child support obligation for two or
120.11 	more children that is not a support obligation in a specific
120.12 	amount per child continues in the full amount until modified or
120.13 	until the emancipation of the last child for whose benefit the
120.14 	order was made.
120.15 	(b) Implementation of this chapter is not a basis for
120.16 	modification unless the requirements under this section are met.
120.17 		Subd. 2.Presumptions. It is presumed that there has
120.18 	been a substantial change in circumstances under subdivision 1
120.19 	and the terms of a current support order are rebuttably presumed
120.20 	to be unreasonable and unfair if:
120.21 	(1) when applied to the parties' current circumstances, the
120.22 	presumptive child support amount derived under this chapter is
120.23 	at least 20 percent and at least $75 per month higher or lower
120.24 	than the current support order;
120.25 	(2) the medical support provisions of the order established
120.26 	under section 517C.17 are not enforceable by the public
120.27 	authority or the obligee;
120.28 	(3) health insurance coverage ordered under section 517C.17
120.29 	is not available to the child for whom the order is established
120.30 	by the parent ordered to provide it; or 
120.31 	(4) the existing support obligation is in the form of a
120.32 	statement of percentage and not a specific dollar amount.

120.33 	Sec. 25. [517C.29] MODIFICATION EFFECTIVE DATE.
120.34 		Subdivision 1.Date of motion determinative. A court may
120.35 	make a modification of support, including interest that accrued
120.36 	pursuant to section 548.091, effective no sooner than the date
121.1 	of service of notice of the motion for modification on the
121.2 	responding parties.
121.3 		Subd. 2.Retroactive modification permitted only in
121.4 	limited circumstances. Notwithstanding subdivision 1, a court
121.5 	may apply a modification to an earlier period if the court makes
121.6 	express findings that:
121.7 	(1) the party seeking modification was precluded from
121.8 	serving a motion by reason of a significant physical or mental
121.9 	disability, a material misrepresentation of another party, or
121.10 	fraud upon the court; and the party seeking modification, when
121.11 	no longer precluded, promptly served a motion;
121.12 	(2) the party seeking modification was a recipient of
121.13 	federal Supplemental Security Income (SSI), Title II Older
121.14 	Americans Insurance, Survivor's Disability Insurance (OASDI),
121.15 	other disability benefits, or public assistance based upon need
121.16 	during the period for which retroactive modification is sought;
121.17 	(3) the order the party seeks to amend was entered by
121.18 	default, the party shows good cause for not appearing, and the
121.19 	record contains no factual evidence, or clearly erroneous
121.20 	evidence, regarding the obligor's ability to pay; or 
121.21 	(4) the party seeking modification was institutionalized or
121.22 	incarcerated for an offense other than nonsupport of a child
121.23 	during the period for which retroactive modification is sought
121.24 	and lacked the financial ability to pay the support ordered
121.25 	during that time period.  In determining whether to allow the
121.26 	retroactive modification, the court must consider whether and
121.27 	when a request was made to the public authority for support
121.28 	modification.
121.29 		Subd. 3.Child care exception. The court may provide
121.30 	that a reduction in the amount allocated for child care expenses
121.31 	based on a substantial decrease in the expenses is effective as
121.32 	of the date the expenses decreased.
121.33 		Subd. 4.Child support debt and arrearage
121.34 	management. The parties, including the public authority, may
121.35 	compromise child support debts or arrearages owed by one party
121.36 	to another, whether or not reduced to judgment, upon agreement
122.1 	of the parties involved.

122.2 	Sec. 26. [517C.30] TERMINATION OF CHILD SUPPORT.
122.3 		Subdivision 1.Death of obligor. Unless otherwise agreed
122.4 	in writing or expressly provided in the order, provisions for a
122.5 	child's support are not terminated by the death of a parent
122.6 	obligated to support the child.  When a parent obligated to pay
122.7 	support dies, the amount of support may be modified, revoked, or
122.8 	commuted to a lump-sum payment, to the extent just and
122.9 	appropriate in the circumstances.
122.10 		Subd. 2.Automatic termination. (a) Unless a court order
122.11 	provides otherwise, a child support obligation in a specific
122.12 	amount per child terminates automatically and without any action
122.13 	by the obligor to reduce, modify, or terminate the order upon
122.14 	the child's emancipation.
122.15 	(b) A child support obligation for two or more children
122.16 	that is not a support obligation in a specific amount per child
122.17 	continues in the full amount until the emancipation of the last
122.18 	child for whose benefit the order was made, or until further
122.19 	order of the court.
122.20 	(c) The obligor may request a modification of the obligor's
122.21 	child support order upon a child's emancipation if there are
122.22 	still minor children under the order.  The court must determine
122.23 	the child support obligation based on the parties' income at the
122.24 	time the modification is sought.

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

124.35 	Sec. 28. [517C.35] ASSIGNMENT.
124.36 		Subdivision 1.General. The court must direct that all
125.1 	payments ordered for support be made to the public authority if
125.2 	the obligee is receiving or has applied for public assistance.
125.3 	Amounts received by the public authority greater than the amount
125.4 	granted to the obligee must be remitted to the obligee pursuant
125.5 	to federal requirements.
125.6 		Subd. 2.Judgments. The court administrator must enter
125.7 	and docket a judgment obtained by operation of law under section
125.8 	548.091, subdivision 1, in the name of the public authority to
125.9 	the extent that the obligation has been assigned.  When arrears
125.10 	are reduced to judgment and section 548.091 is not applicable,
125.11 	the court must grant judgment in favor of, and in the name of,
125.12 	the public authority to the extent that the arrears are
125.13 	assigned.  The public authority must file notice of an
125.14 	assignment with the court administrator, who must enter the
125.15 	notice in the docket.  The public authority may then enforce a
125.16 	judgment entered before the assignment of rights as if the
125.17 	judgment were granted to it, and in its name, to the extent that
125.18 	the arrears in that judgment are assigned.
125.19 		Subd. 3.Property lien. The court may make any child
125.20 	support order a lien or charge upon the obligor's property,
125.21 	either at the time of the entry of the judgment or by subsequent
125.22 	order upon proper application.

125.23 	Sec. 29. [517C.36] PARTY STATUS.
125.24 		Subdivision 1.Obligee receives public assistance; public
125.25 	authority is a party. The public authority is joined as a party
125.26 	and is a real party in interest if the obligee is receiving, or
125.27 	subsequently applies for, public assistance and rights are
125.28 	assigned under section 256.741, subdivision 2.
125.29 		Subd. 2.No public assistance; application for services.
 125.30 	If the obligee is not receiving public assistance, but has
125.31 	applied for child support collection services, the public
125.32 	authority has a pecuniary interest, as well as an interest in
125.33 	the welfare of a child.  The public authority may intervene as a
125.34 	matter of right in those cases to ensure that child support
125.35 	orders are obtained, enforced, and provide for an appropriate
125.36 	and accurate level of child, medical, and child care support.
126.1 	If the public authority participates in a case where the action
126.2 	taken by the public authority requires the use of an attorney's
126.3 	services, the public authority must be represented by an
126.4 	attorney consistent with the provisions in section 517C.37.

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

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

127.36 	Sec. 32. [517C.39] PUBLIC AUTHORITY PROCEDURES FOR CHILD
128.1 	SUPPORT AND PARENTAGE ORDERS.
128.2 	The public authority may use the provisions of sections
128.3 	517C.40 to 517C.44 when support rights are assigned under
128.4 	section 256.741, subdivision 2, or when the public authority is
128.5 	providing services under an application for child support
128.6 	collection services.

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

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

130.32 	Sec. 35. [517C.42] NONCONTESTED MATTERS.
130.33 	Under the direction of the county attorney and based on
130.34 	agreement of the parties, nonattorney employees of the public
130.35 	authority may prepare a stipulation, findings of fact,
130.36 	conclusions of law, and proposed order.  The county attorney
131.1 	must approve and sign the documents as to form and content
131.2 	before the nonattorney employees submit the documents to the
131.3 	district court or child support magistrate for approval.

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

133.23 	Sec. 37. [517C.44] SHARING OF INFORMATION; DATA.
133.24 		Subdivision 1.General. The public authority may share
133.25 	available and relevant information on the parties in order to
133.26 	perform its duties under sections 517C.40 to 517C.43 or under
133.27 	Supreme Court rules governing the expedited child support
133.28 	hearing process under section 484.702, subject to the
133.29 	limitations of subdivision 3 and sections 256.87, subdivision 8,
133.30 	and 257.70.
133.31 		Subd. 2.Data disclosed to an attorney of the public
133.32 	authority. (a) Data disclosed by an applicant for, or recipient
133.33 	of, child support services to an attorney employed by, or under
133.34 	contract with, the public authority is private data on an
133.35 	individual.  However, the data may be disclosed under sections
133.36 	13.46, subdivision 2, clauses (1) to (3) and (6) to (19), and
134.1 	517C.11, subdivision 3, in order to obtain, modify, or enforce
134.2 	child support, medical support, and parentage determinations.
134.3 	(b) An attorney employed by, or under contract with, the
134.4 	public authority may disclose additional information received
134.5 	from an applicant for, or recipient of, services for other
134.6 	purposes with the consent of the individual applicant for, or
134.7 	recipient of, child support services.
134.8 		Subd. 3.Prohibited disclosure. In all proceedings under
134.9 	this chapter and chapter 517A in which public assistance is
134.10 	assigned under section 256.741, or the public authority provides
134.11 	services to a party or parties to the proceedings,
134.12 	notwithstanding statutory or other authorization for the public
134.13 	authority to release private data on the location of a party to
134.14 	the action, the public authority may not release information on
134.15 	the location of one party to the other party if:
134.16 	(1) the public authority has knowledge that a protective
134.17 	order with respect to the other party has been entered; or 
134.18 	(2) the public authority has reason to believe that the
134.19 	release of the information may result in physical or emotional
134.20 	harm to the other party.

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

134.26 	Sec. 39. [517C.50] CHILD SUPPORT PAYMENT CENTER; CENTRAL
134.27 	COLLECTIONS UNIT.
134.28 		Subdivision 1.Creation. (a) The commissioner of human
134.29 	services must create and maintain a central collections unit to
134.30 	receive, process, and disburse payments, and to maintain a
134.31 	record of payments in all cases when:
134.32 	(1) the public authority is a party;
134.33 	(2) the public authority provides child support enforcement
134.34 	services to a party; or 
134.35 	(3) payment is collected through income withholding.
134.36 	(b) The commissioner may contract for services to carry out
135.1 	these provisions if the commissioner first meets and negotiates
135.2 	with the affected exclusive representatives.
135.3 		Subd. 2.Creditor collections. The central collections
135.4 	unit under this section is not a third party under chapters 550,
135.5 	552, and 571 for purposes of creditor collection efforts against
135.6 	child support and maintenance order obligors or obligees, and is
135.7 	not subject to creditor levy, attachment, or garnishment.
135.8 		Subd. 3.Credit for payment. Payments made to the public
135.9 	authority that are not collected through income withholding must
135.10 	be credited as of the date the payment is received by the
135.11 	central collections unit.

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

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

140.5 	Sec. 42. [517C.53] WAIVER OF INCOME WITHHOLDING.
140.6 	(a) If child support is not assigned to the public
140.7 	authority under section 256.741, the court may waive income
140.8 	withholding requirements if it finds there are no arrears as of
140.9 	the date of the hearing and:
140.10 	(1) one party demonstrates and the court finds there is
140.11 	good cause to waive the requirements of sections 517C.51 to
140.12 	517C.62 or to terminate an order for or notice of income
140.13 	withholding previously entered; or 
140.14 	(2) all parties reach an agreement and the agreement is
140.15 	approved by the court after a finding that the agreement is
140.16 	likely to result in regular and timely payments.  The court's
140.17 	findings waiving the requirements of this paragraph must include
140.18 	a written explanation of the reasons why income withholding
140.19 	would not be in the child's best interests.
140.20 	(b) In addition to the other requirements in this section,
140.21 	if the case involves a modification of support, the court must
140.22 	make a finding that support has been timely made.
140.23 	(c) If the court waives income withholding, the obligee or
140.24 	obligor may at any time request subsequent income withholding
140.25 	under section 517C.59.

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

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

142.36 	Sec. 45. [517C.56] PAYOR OF FUNDS LIABILITY.
143.1 		Subdivision 1.Liability to obligee. A payor of funds is
143.2 	liable to the obligee for amounts required to be withheld.  A
143.3 	payor of funds that fails to withhold or transfer funds in
143.4 	accordance with this chapter is liable to the obligee for
143.5 	interest on the funds at the rate applicable to judgments under
143.6 	section 549.09, computed from the date the funds were required
143.7 	to be withheld or transferred.  A payor of funds is liable for
143.8 	reasonable attorney fees of the obligee or public authority
143.9 	incurred in enforcing the liability under this subdivision.  A
143.10 	payor of funds that has failed to comply with the requirements
143.11 	of sections 517C.51 to 517C.62 is subject to contempt sanctions
143.12 	under section 517C.57.  If the payor of funds is an employer or
143.13 	independent contractor and violates this subdivision, a court
143.14 	may award the obligor twice the wages lost as a result of this
143.15 	violation.  If a court finds a payor of funds violated this
143.16 	subdivision, the court must impose a civil fine of not less than
143.17 	$500.  The liabilities under this subdivision apply to
143.18 	intentional noncompliance by a payor of funds with the
143.19 	requirements of sections 517C.51 to 517C.62.
143.20 		Subd. 2.Nonliability for compliance. A payor of funds
143.21 	is not subject to civil liability to any individual or agency
143.22 	for taking action in compliance with an income withholding order
143.23 	or notice of withholding that appears regular on its face
143.24 	according to this chapter or chapter 518C.

143.25 	Sec. 46. [517C.57] EMPLOYER CONTEMPT.
143.26 		Subdivision 1.Orders binding. Notices or orders for
143.27 	income withholding or medical support issued pursuant to this
143.28 	chapter are binding on the employer, trustee, or other payor of
143.29 	funds after the order or notice has been transmitted to the
143.30 	employer, trustee, or payor of funds.
143.31 		Subd. 2.Contempt action. (a) An obligee or the public
143.32 	authority may initiate a contempt action against an employer,
143.33 	trustee, or payor of funds, within the action that created the
143.34 	support obligation by serving an order to show cause upon the
143.35 	employer, trustee, or payor of funds.
143.36 	(b) The employer, trustee, or payor of funds is presumed to
144.1 	be in contempt:
144.2 	(1) if the employer, trustee, or payor of funds has
144.3 	intentionally failed to withhold support after receiving the
144.4 	order or notice for income withholding or notice of enforcement
144.5 	of medical support; or 
144.6 	(2) upon presentation of pay stubs or similar documentation
144.7 	showing that the employer, trustee, or payor of funds withheld
144.8 	support and demonstrating that the employer, trustee, or payor
144.9 	of funds intentionally failed to remit support to the public
144.10 	authority.
144.11 		Subd. 3.Liability; sanctions. The employer, trustee, or
144.12 	payor of funds is liable to the obligee or the public authority
144.13 	for amounts required to be withheld that were not paid.  The
144.14 	court may enter judgment against the employer, trustee, or payor
144.15 	of funds for support not withheld or remitted.  An employer,
144.16 	trustee, or payor of funds found guilty of contempt must be
144.17 	punished by a fine of not more than $250 as provided in chapter
144.18 	588.  The court may also impose other contempt sanctions
144.19 	authorized under chapter 588.

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

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

146.31 	Sec. 49. [517C.60] INCOME WITHHOLDING; ARREARS ORDER.
146.32 	(a) In addition to ordering income withholding for current
146.33 	support, the court may order the payor of funds to withhold
146.34 	amounts to satisfy the obligor's previous arrears in support
146.35 	order payments.  Use of this remedy does not exclude the use of
146.36 	other remedies to enforce judgments.  The employer or payor of
147.1 	funds must withhold from the obligor's income an additional
147.2 	amount equal to 20 percent of the monthly child support
147.3 	obligation until the arrears are paid.
147.4 	(b) Notwithstanding any law to the contrary, funds from
147.5 	income sources included in section 517C.12, subdivision 1,
147.6 	whether periodic or lump sum, are not exempt from attachment or
147.7 	execution upon a judgment for child support arrears.
147.8 	(c) Absent an order to the contrary, if arrears exist at
147.9 	the time a support order would otherwise terminate, income
147.10 	withholding continues in effect or may be implemented in an
147.11 	amount equal to the support order plus an additional 20 percent
147.12 	of the monthly child support obligation, until all arrears have
147.13 	been paid in full.

147.14 	Sec. 50. [517C.61] INTERSTATE INCOME WITHHOLDING.
147.15 	(a) Upon receipt of an order for support entered in another
147.16 	state and the specified documentation from an authorized agency,
147.17 	the public authority must implement income withholding.  A payor
147.18 	of funds in this state must withhold income under court orders
147.19 	for withholding issued by other states or territories.
147.20 	(b) An employer receiving an income withholding notice from
147.21 	another state must withhold and distribute the funds as directed
147.22 	in the withholding notice and must apply the law of the
147.23 	obligor's principal place of employment when determining:
147.24 	(1) the employer's fee for processing an income withholding
147.25 	notice;
147.26 	(2) the maximum amount permitted to be withheld from the
147.27 	obligor's income; and 
147.28 	(3) deadlines for implementing and forwarding the child
147.29 	support payment.
147.30 	(c) An obligor may contest withholding under this section
147.31 	pursuant to section 518C.506.

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

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

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

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

153.15 	Sec. 55. [517C.66] OVERPAYMENTS.
153.16 	If child support is not assigned under section 256.741, and
153.17 	an obligor has overpaid a child support obligation because of a
153.18 	modification or error in the amount owed, the public authority
153.19 	must:
153.20 	(1) apply the amount of the overpayment to reduce the
153.21 	amount of child support arrears or debts owed to the obligee;
153.22 	and 
153.23 	(2) if an overpayment exists after the reduction of arrears
153.24 	or debt, reduce the amount of the child support remitted to the
153.25 	obligee by an amount no greater than 20 percent of the current
153.26 	monthly support obligation and remit this amount to the obligor
153.27 	until the overpayment is reduced to zero.

153.28 	Sec. 56. [517C.67] ALTERNATE NOTICE OF COURT ORDER.
153.29 	Whenever this chapter requires service of a court's order
153.30 	on an employer, union, or payor of funds, service of a verified
153.31 	notice of order may be made in lieu of the order.  The verified
153.32 	notice must contain the title of the action, the name of the
153.33 	court, the court file number, the date of the court order, and
153.34 	must recite the operative provisions of the order.

153.35 	Sec. 57. [517C.70] CHILD SUPPORT AND PARENTING TIME ARE
153.36 	INDEPENDENT.
154.1 	(a) Failure by a party to make support payments is not a
154.2 	defense to:
154.3 	(1) interference with parenting time; or 
154.4 	(2) removing a child from this state without the permission
154.5 	of the court or the other parent.
154.6 	(b) Interference with parenting time or taking a child from
154.7 	this state without permission of the court or the other parent
154.8 	is not a defense to nonpayment of support.
154.9 	(c) If a party fails to make support payments, interferes
154.10 	with parenting time, or removes a child from this state without
154.11 	permission of the court or the other parent, the other party may
154.12 	petition the court for an appropriate order.

154.13 	Sec. 58. [517C.71] PAYMENT AGREEMENTS.
154.14 		Subdivision 1.General requirements. An obligor who has
154.15 	child support arrears may enter into a payment agreement that
154.16 	addresses payment of both current and overdue support.  Payment
154.17 	agreements must:
154.18 	(1) be in writing;
154.19 	(2) address both current support and arrears; and 
154.20 	(3) be approved by the district court, a child support
154.21 	magistrate, or the public authority.
154.22 		Subd. 2.Considerations. In proposing or approving
154.23 	proposed payment agreements for purposes of this chapter, the
154.24 	district court, a child support magistrate, or the public
154.25 	authority must take into consideration the amount of the
154.26 	arrears, the amount of the current support order, any pending
154.27 	request for modification, and the earnings of the obligor.  The
154.28 	district court, child support magistrate, or public authority
154.29 	must consider the individual financial circumstances of each
154.30 	obligor in evaluating the obligor's ability to pay a proposed
154.31 	payment agreement and must propose a reasonable payment
154.32 	agreement tailored to the individual financial circumstances of
154.33 	each obligor.  The district court, child support magistrate, or
154.34 	public authority also must consider a graduated payment plan
154.35 	tailored to the individual financial circumstances of each
154.36 	obligor.

155.1 	Sec. 59. [517C.72] SEEK EMPLOYMENT ORDERS.
155.2 		Subdivision 1.Court order. (a) When the public
155.3 	authority is enforcing a support order, the public authority may
155.4 	seek a court order requiring an obligor to seek employment if:
155.5 	(1) the obligor's employment cannot be verified;
155.6 	(2) the obligor has child support arrears amounting to at
155.7 	least three times the obligor's total monthly support payments;
155.8 	and 
155.9 	(3) the obligor is not in compliance with a payment
155.10 	agreement.
155.11 	(b) Upon proper notice to the obligor, the court may enter
155.12 	a seek employment order if it finds that the obligor has not
155.13 	provided proof of gainful employment and has not consented to an
155.14 	order for income withholding or entered into a payment agreement.
155.15 		Subd. 2.Contents of order. The order to seek employment
155.16 	must:
155.17 	(1) order that the obligor seek employment within a
155.18 	determinate amount of time;
155.19 	(2) order that the obligor file with the public authority a
155.20 	weekly report of at least five new attempts to find employment
155.21 	or of having found employment.  The report must include the
155.22 	names, addresses, and telephone numbers of the employers or
155.23 	businesses with whom the obligor attempted to obtain employment
155.24 	and the name of the individual contact at each employer or
155.25 	business to whom the obligor made application for employment or
155.26 	to whom an inquiry was directed;
155.27 	(3) notify the obligor that failure to comply with the
155.28 	order is evidence of a willful failure to pay support under
155.29 	section 517C.74;
155.30 	(4) order that the obligor provide the public authority
155.31 	with verification of any reason for noncompliance with the
155.32 	order; and 
155.33 	(5) specify the duration of the order, not to exceed three
155.34 	months.

155.35 	Sec. 60. [517C.73] ORDER FOR COMMUNITY SERVICES.
155.36 	If the court finds that the obligor earns $400 or less per
156.1 	month and does not have the ability to provide support based on
156.2 	the guidelines and factors in this chapter, the court may order
156.3 	the obligor to perform community services to fulfill the
156.4 	obligor's support obligation.  In ordering community services
156.5 	under this section, the court must consider whether the obligor
156.6 	has the physical capability to perform community services, and
156.7 	must order community services that are appropriate for the
156.8 	obligor's abilities.

156.9 	Sec. 61. [517C.74] CONTEMPT PROCEEDINGS FOR NONPAYMENT OF
156.10 	SUPPORT.
156.11 		Subdivision 1.Grounds. If a person against whom an
156.12 	order or decree for support has been entered under this chapter,
156.13 	chapter 256, or a comparable law from another jurisdiction has
156.14 	child support arrears amounting to at least three times the
156.15 	obligor's total monthly support obligation and is not in
156.16 	compliance with a payment agreement, a court may cite and punish
156.17 	a person for contempt under section 517C.25, subdivision 1,
156.18 	chapter 588, or this section.  An obligor's failure to comply
156.19 	with a seek employment order entered under section 517C.72 is
156.20 	evidence of willful failure to pay support.
156.21 		Subd. 2.Court options. (a) If a court cites a person
156.22 	for contempt under this section, and the obligor lives in a
156.23 	county that contracts with the commissioner of human services
156.24 	under section 256.997, the court may order the performance of
156.25 	community service work up to 32 hours per week for six weeks for
156.26 	each finding of contempt if the obligor:
156.27 	(1) is able to work full time;
156.28 	(2) works an average of less than 32 hours per week; and 
156.29 	(3) has actual weekly gross income averaging less than 40
156.30 	times the federal minimum hourly wage under United States Code,
156.31 	title 29, section 206(a)(1), or is voluntarily earning less than
156.32 	the obligor has the ability to earn, as determined by the court.
156.33 	(b) An obligor is presumed to be able to work full time.
156.34 	The obligor has the burden of proving inability to work full
156.35 	time.
156.36 		Subd. 3.Release. A person ordered to do community
157.1 	service work under subdivision 2 may, during the six-week
157.2 	period, apply to the district court, a child support magistrate,
157.3 	or the public authority to be released from the community
157.4 	service work requirement if the person:
157.5 	(1) provides proof to the district court, a child support
157.6 	magistrate, or the public authority that the person is gainfully
157.7 	employed and submits to an order for income withholding under
157.8 	section 517C.52;
157.9 	(2) enters into a payment agreement under section 517C.71;
157.10 	or 
157.11 	(3) provides proof to the district court, a child support
157.12 	magistrate, or the public authority that, after entry of the
157.13 	order, the person's circumstances have so changed that the
157.14 	person is no longer able to fulfill the terms of the community
157.15 	service order.
157.16 		Subd. 4.Continuing obligations. An obligor's
157.17 	performance of community service work does not relieve the
157.18 	obligor of a current support obligation or arrears.

157.19 	Sec. 62. [517C.745] SECURITY; SEQUESTRATION; CONTEMPT.
157.20 	(a) In all cases when the court orders support payments,
157.21 	the court may require sufficient security to be given for the
157.22 	payment of them according to the terms of the order.  Upon
157.23 	neglect or refusal to give security, or upon failure to pay the
157.24 	support, the court may sequester the obligor's personal estate
157.25 	and the rents and profits of real estate of the obligor, and
157.26 	appoint a receiver of them.  The court may cause the personal
157.27 	estate and the rents and profits of the real estate to be
157.28 	applied according to the terms of the order.
157.29 	(b) The obligor is presumed to have an income from a source
157.30 	sufficient to pay the support order.  A child support order
157.31 	constitutes prima facie evidence that the obligor has the
157.32 	ability to pay the award.  If the obligor disobeys the order, it
157.33 	is prima facie evidence of contempt.  The court may cite the
157.34 	obligor for contempt under this section, section 517C.74, or
157.35 	chapter 588.

157.36 	Sec. 63. [517C.75] DRIVER'S LICENSE SUSPENSION.
158.1 		Subdivision 1.Factors warranting suspension. An
158.2 	obligor's driver's license must be suspended if the court finds
158.3 	that the obligor has been or may be issued a driver's license by
158.4 	the commissioner of public safety and if:
158.5 	(1) the obligor has arrears amounting to at least three
158.6 	times the obligor's total monthly support obligation and the
158.7 	obligor is not in compliance with a payment agreement under
158.8 	section 517C.71; or 
158.9 	(2) the obligor has failed, after receiving notice, to
158.10 	comply with a subpoena relating to a paternity or child support
158.11 	proceeding.
158.12 		Subd. 2.Initiated by obligee. (a) An obligee may bring
158.13 	a motion to suspend an obligor's driver's license.  The obligee
158.14 	must properly serve the motion on the obligor pursuant to court
158.15 	rules and file the motion with the court.  An obligee may not
158.16 	bring a motion under this subdivision within 12 months of a
158.17 	denial of a previous motion under this subdivision.
158.18 	(b) At the hearing, if the court finds that a factor under
158.19 	subdivision 1 exists, the court must:
158.20 	(1) order the commissioner of public safety to suspend the
158.21 	obligor's driver's license; and 
158.22 	(2) stay the order for 90 days to allow the obligor the
158.23 	opportunity to enter into a payment agreement under section
158.24 	517C.71.
158.25 	(c) If after 90 days the obligor has not entered into or is
158.26 	not in compliance with a payment agreement under section
158.27 	517C.71, the court's order becomes effective and the
158.28 	commissioner of public safety must suspend the obligor's
158.29 	driver's license.
158.30 		Subd. 3.Initiated by public authority. (a) If the
158.31 	public authority determines that a factor in subdivision 1
158.32 	exists, the public authority must initiate the suspension of the
158.33 	obligor's driver's license.
158.34 	(b) The public authority must mail a written notice to the
158.35 	obligor at the obligor's last known address indicating that:
158.36 	(1) the public authority intends to seek suspension of the
159.1 	obligor's driver's license; and 
159.2 	(2) the obligor must make a written request for a hearing
159.3 	to contest the driver's license suspension within 30 days of the
159.4 	date of the notice.
159.5 	(c) If the obligor requests a hearing within 30 days of the
159.6 	date of the notice, a court hearing must be held.  At least 14
159.7 	days before the hearing, the public authority must serve notice
159.8 	on the obligor personally or by mail at the obligor's last known
159.9 	address of the following:
159.10 	(1) the hearing time and place;
159.11 	(2) the allegations against the obligor; and 
159.12 	(3) a statement informing the obligor of the requirement to
159.13 	enter into a payment agreement under section 517C.71 to avoid
159.14 	license suspension.
159.15 	(d) If a hearing is held and the court finds a factor under
159.16 	subdivision 1 exists, the court must order the commissioner of
159.17 	public safety to suspend the obligor's driver's license.
159.18 	(e) If the obligor does not request a hearing within 30
159.19 	days of the date of the notice and has not executed a written
159.20 	payment agreement under section 517C.71 that is approved by the
159.21 	public authority within 90 days of the date of the notice, the
159.22 	public authority must direct the commissioner of public safety
159.23 	to suspend the obligor's driver's license.
159.24 		Subd. 4.Suspension for failure to comply with a
159.25 	subpoena. (a) A court, child support magistrate, or the public
159.26 	authority may direct the commissioner of public safety to
159.27 	suspend an obligor's driver's license if the obligor has failed,
159.28 	after receiving notice, to comply with a subpoena relating to a
159.29 	paternity or child support proceeding.
159.30 	(b) The notice to an obligor of intent to suspend a
159.31 	driver's license must be served by first class mail at the
159.32 	obligor's last known address.  The notice must inform the
159.33 	obligor of the right to make a written request for a hearing.
159.34 	(c) If the obligor makes a written request within ten days
159.35 	of the date of the notice, a hearing must be held.  At the
159.36 	hearing, the only issues to be considered are mistake of fact
160.1 	and whether the obligor received the subpoena.
160.2 		Subd. 5.Suspension for failure to remain in compliance
160.3 	with a payment agreement. The license of an obligor who fails
160.4 	to remain in compliance with a payment agreement under section
160.5 	517C.71 may be suspended.  A party or the public authority must
160.6 	serve notice upon the obligor of intent to suspend under this
160.7 	subdivision.  The party or public authority must serve the
160.8 	notice upon the obligor by first class mail at the obligor's
160.9 	last known address not less than ten days before the hearing
160.10 	date.  The notice must include a notice of hearing.  If the
160.11 	obligor appears at the hearing and the judge determines that the
160.12 	obligor has failed to comply with a payment agreement under
160.13 	section 517C.71, the judge must notify the Department of Public
160.14 	Safety to suspend the obligor's driver's license.  If the
160.15 	obligor fails to appear at the hearing, the public authority may
160.16 	notify the Department of Public Safety to suspend the obligor's
160.17 	driver's license.
160.18 		Subd. 6.Reinstatement. (a) An obligor whose driver's
160.19 	license or operating privileges are suspended may:
160.20 	(1) provide proof to the public authority that the obligor
160.21 	is in compliance with all payment agreements under section
160.22 	517C.71;
160.23 	(2) bring a motion for reinstatement of the driver's
160.24 	license.  At the hearing, the district court or child support
160.25 	magistrate must establish a payment agreement under section
160.26 	517C.71 if the district court or child support magistrate orders
160.27 	reinstatement of the driver's license; or 
160.28 	(3) seek a limited license under section 171.30.  A limited
160.29 	license issued to an obligor under section 171.30 expires 90
160.30 	days after the date it is issued.
160.31 	(b) Within 15 days of the receipt of the proof under
160.32 	paragraph (a), clause (1), or a court order, the public
160.33 	authority must inform the commissioner of public safety that the
160.34 	obligor's driver's license or operating privileges should no
160.35 	longer be suspended.
160.36 		Subd. 7.Remedies available. The remedy under this
161.1 	section is in addition to any other enforcement remedy available
161.2 	to the court or public authority.
161.3 		Subd. 8.Report to legislature. On January 15, 2007, and
161.4 	every two years after that, the commissioner of human services
161.5 	must submit a report to the legislature that identifies the
161.6 	following information relevant to the implementation of this
161.7 	section:
161.8 	(1) the number of child support obligors notified of an
161.9 	intent to suspend a driver's license;
161.10 	(2) the amount collected in payments from the child support
161.11 	obligors notified of an intent to suspend a driver's license;
161.12 	(3) the number of cases paid in full and payment agreements
161.13 	executed in response to notification of an intent to suspend a
161.14 	driver's license;
161.15 	(4) the number of cases in which there has been
161.16 	notification and no payments or payment agreements;
161.17 	(5) the number of driver's licenses suspended;
161.18 	(6) the cost of implementation and operation of the
161.19 	requirements of this section; and 
161.20 	(7) the number of limited licenses issued and number of
161.21 	cases in which payment agreements are executed and cases are
161.22 	paid in full following issuance of a limited license.

161.23 	Sec. 64. [517C.76] OCCUPATIONAL LICENSE SUSPENSION.
161.24 		Subdivision 1.Factors warranting suspension. An
161.25 	obligor's occupational license must be suspended if the court
161.26 	finds that the obligor is or may be licensed by a licensing
161.27 	board listed in section 214.01 or other state, county, or
161.28 	municipal agency or board that issues an occupational license
161.29 	and if:
161.30 	(1) the obligor has arrears amounting to at least three
161.31 	times the obligor's total monthly support obligation and the
161.32 	obligor is not in compliance with a payment agreement under
161.33 	section 517C.71; or 
161.34 	(2) the obligor has failed, after receiving notice, to
161.35 	comply with a subpoena relating to a paternity or child support
161.36 	proceeding.
162.1 		Subd. 2.Initiated by obligee. (a) An obligee may bring
162.2 	a motion to suspend an obligor's occupational license.  The
162.3 	obligee must properly serve the motion on the obligor pursuant
162.4 	to court rules and file the motion with the court.
162.5 	(b) At the hearing, if the court finds that a factor under
162.6 	subdivision 1 exists, the court must:
162.7 	(1) order the licensing board or agency to suspend the
162.8 	obligor's occupational license under section 214.101; and 
162.9 	(2) stay the order for 90 days to allow the obligor the
162.10 	opportunity to enter into a payment agreement under section
162.11 	517C.71.
162.12 	(c) If after 90 days the obligor has not entered into or is
162.13 	not in compliance with a payment agreement under section
162.14 	517C.71, the court order becomes effective and the licensing
162.15 	board or agency must suspend the obligor's occupational license.
162.16 	(d) If the obligor is a licensed attorney, the court must
162.17 	comply with the procedure under subdivision 4 for notifying the
162.18 	Lawyers Professional Responsibility Board.
162.19 		Subd. 3.Initiated by public authority. (a) If the
162.20 	public authority determines that a factor in subdivision 1
162.21 	exists, the public authority must initiate the suspension of the
162.22 	obligor's occupational license.
162.23 	(b) The public authority must mail a written notice to the
162.24 	obligor at the obligor's last known address indicating that:
162.25 	(1) the public authority intends to seek suspension of the
162.26 	obligor's occupational license; and 
162.27 	(2) the obligor must make a written request for a hearing
162.28 	to contest the occupational license suspension within 30 days of
162.29 	the date of the notice.
162.30 	(c) If the obligor requests a hearing within 30 days of the
162.31 	date of the notice, a court hearing must be held.  At least 14
162.32 	days before the hearing, the public authority must serve notice
162.33 	on the obligor personally or by mail at the obligor's last known
162.34 	address of the following:
162.35 	(1) the hearing time and place;
162.36 	(2) the allegations against the obligor; and 
163.1 	(3) a statement informing the obligor of the requirement to
163.2 	enter into a payment agreement under section 517C.71 to avoid
163.3 	license suspension.
163.4 	(d) If a hearing is held and the court finds a factor
163.5 	warranting suspension under subdivision 1 exists, the court must
163.6 	order the occupational licensing board or agency to suspend the
163.7 	obligor's occupational license.
163.8 	(e) If the obligor does not request a hearing within 30
163.9 	days of the date of the notice and has not executed a written
163.10 	payment agreement under section 517C.71 that is approved by the
163.11 	public authority within 90 days of the date of the notice, the
163.12 	public authority must direct the occupational licensing board or
163.13 	agency to suspend the obligor's occupational license.
163.14 	(f) If the obligor is a licensed attorney, the court or
163.15 	public authority must comply with the procedure under
163.16 	subdivision 4 for notifying the Lawyers Professional
163.17 	Responsibility Board.
163.18 		Subd. 4.Obligor is licensed attorney. If an obligor is
163.19 	a licensed attorney and the court finds that a factor warranting
163.20 	suspension under subdivision 1 exists, the court or public
163.21 	authority must notify the Lawyers Professional Responsibility
163.22 	Board for appropriate action in accordance with the rules of
163.23 	professional conduct or order the licensing board or agency to
163.24 	suspend the obligor's license if the court finds that the
163.25 	obligor:
163.26 	(1) is licensed by a licensing board or other state agency
163.27 	that issues an occupational license;
163.28 	(2) has not made full payment of arrears found to be due by
163.29 	the public authority; and 
163.30 	(3) has not executed or is not in compliance with a payment
163.31 	agreement.
163.32 		Subd. 5.Failure to comply with subpoena. (a) A court,
163.33 	child support magistrate, or the public authority may direct the
163.34 	occupational licensing board or agency to suspend an obligor's
163.35 	occupational license if the obligor has failed, after receiving
163.36 	notice, to comply with a subpoena relating to a paternity or
164.1 	child support proceeding.
164.2 	(b) The notice to an obligor of intent to suspend an
164.3 	occupational license must be served by first class mail at the
164.4 	obligor's last known address.  The notice must inform the
164.5 	obligor of the right to make a written request for a hearing.
164.6 	(c) If the obligor makes a written request within ten days
164.7 	of the date of the notice, a hearing must be held.  At the
164.8 	hearing, the only issues to be considered are mistake of fact
164.9 	and whether the obligor received the subpoena.
164.10 		Subd. 6.Failure to remain in compliance with approved
164.11 	payment agreement. The license of an obligor who fails to
164.12 	remain in compliance with a payment agreement under section
164.13 	517C.71 may be suspended.  A party must serve notice upon the
164.14 	obligor of an intent to suspend under this subdivision.  A party
164.15 	must serve the notice by first class mail at the obligor's last
164.16 	known address not less than ten days before the date of the
164.17 	hearing.  The notice must include a notice of hearing.  If the
164.18 	obligor appears at the hearing and the judge determines that the
164.19 	obligor has failed to comply with a payment agreement under
164.20 	section 517C.71, the judge must notify the licensing board or
164.21 	agency to suspend the obligor's license.  If the obligor fails
164.22 	to appear at the hearing, the public authority may notify the
164.23 	licensing board or agency to suspend the obligor's license.
164.24 		Subd. 7.Reinstatement. An obligor whose occupational
164.25 	license is suspended may provide proof to the public authority
164.26 	that the obligor is in compliance with all payment agreements
164.27 	under section 517C.71.  Within 15 days of the receipt of that
164.28 	proof, the public authority must inform the licensing board or
164.29 	agency or the Lawyers Professional Responsibility Board that the
164.30 	obligor is no longer ineligible for license issuance,
164.31 	reinstatement, or renewal under this section.
164.32 		Subd. 8.Remedies available. The remedy under this
164.33 	section is in addition to any other enforcement remedy available
164.34 	to the court or public authority.

164.35 	Sec. 65. [517C.77] DATA ON SUSPENSIONS FOR SUPPORT
164.36 	ARREARS.
165.1 	Notwithstanding section 13.03, subdivision 4, paragraph
165.2 	(c), data on an occupational license suspension under section
165.3 	517C.76 or a driver's license suspension under section 517C.75,
165.4 	that are transferred by the Department of Human Services to the
165.5 	Department of Public Safety or a state, county, or municipal
165.6 	occupational licensing agency respectively must have the same
165.7 	classification at the Department of Public Safety or other
165.8 	receiving agency under section 13.02 as other license suspension
165.9 	data held by the receiving agency.  The transfer of the data
165.10 	does not affect the classification of the data in the hands of
165.11 	the Department of Human Services.

165.12 	Sec. 66. [517C.78] RECREATIONAL LICENSE SUSPENSION.
165.13 		Subdivision 1.Motion; factors. (a) An obligee or the
165.14 	public authority may bring a motion to suspend the recreational
165.15 	license or licenses of an obligor.  An obligee or the public
165.16 	authority must serve the motion on the obligor in person or by
165.17 	first class mail at the obligor's last known address.  There
165.18 	must be an opportunity for a hearing.  The court may direct the
165.19 	commissioner of natural resources to suspend or bar receipt of
165.20 	the obligor's recreational license or licenses if it finds that:
165.21 	(1) the obligor has child support arrears amounting to at
165.22 	least six times the obligor's total monthly support payments and
165.23 	the obligor is not in compliance with a payment agreement under
165.24 	section 517C.71; or 
165.25 	(2) the obligor has failed, after receiving notice, to
165.26 	comply with a subpoena relating to a paternity or child support
165.27 	proceeding.
165.28 	(b) Before utilizing this section, the court must find that
165.29 	other substantial enforcement mechanisms have been attempted but
165.30 	have not resulted in compliance.
165.31 		Subd. 2.Affected licenses. For purposes of this
165.32 	section, a recreational license includes all licenses, permits,
165.33 	and stamps issued centrally by the commissioner of natural
165.34 	resources under sections 97B.301, 97B.401, 97B.501, 97B.515,
165.35 	97B.601, 97B.715, 97B.721, 97B.801, 97C.301, and 97C.305.
165.36 		Subd. 3.Reinstatement. An obligor whose recreational
166.1 	license has been suspended or barred may provide proof to the
166.2 	court that the obligor is in compliance with all payment
166.3 	agreements under section 517C.71.  Within 15 days of receipt of
166.4 	that proof, the court must notify the commissioner of natural
166.5 	resources that the obligor's recreational license or licenses
166.6 	must no longer be suspended nor may receipt be barred.

166.7 	Sec. 67. [517C.79] MOTOR VEHICLE LIEN.
166.8 		Subdivision 1.Factors warranting lien. A lien in the
166.9 	name of the obligee or the state of Minnesota, as appropriate,
166.10 	in accordance with section 168A.05, subdivision 8, must be
166.11 	entered on any motor vehicle certificate of title subsequently
166.12 	issued in the obligor's name if the obligor:
166.13 	(1) is a debtor for a judgment debt resulting from child
166.14 	support arrears in an amount at least three times the total
166.15 	monthly support obligation; and 
166.16 	(2) is not in compliance with a payment agreement under
166.17 	section 517C.71.
166.18 		Subd. 2.Initiated by obligee. (a) An obligee may bring
166.19 	a motion for the entry of a lien on any motor vehicle
166.20 	certificate of title issued in the obligor's name.  The obligee
166.21 	must properly serve the motion on the obligor pursuant to court
166.22 	rules and file the motion with the court.
166.23 	(b) At the hearing, if the court finds that the factors
166.24 	under subdivision 1 exist, the court must:
166.25 	(1) order the commissioner of public safety to enter a lien
166.26 	in the obligee's name or in the name of the state of Minnesota,
166.27 	as appropriate under section 168A.05, subdivision 8, on any
166.28 	motor vehicle certificate of title subsequently issued in the
166.29 	obligor's name; and 
166.30 	(2) stay the order for 90 days to allow the obligor the
166.31 	opportunity to enter into a payment agreement under section
166.32 	517C.71.
166.33 	(c) If after 90 days the obligor has not entered into or is
166.34 	not in compliance with a payment agreement under section
166.35 	517C.71, the court's order becomes effective and the
166.36 	commissioner of public safety must enter the lien on any motor
167.1 	vehicle certificate of title subsequently issued in the
167.2 	obligor's name.
167.3 		Subd. 3.Initiated by public authority. (a) If the
167.4 	public authority determines that the factors in subdivision 1
167.5 	exist, the public authority must direct the commissioner of
167.6 	public safety to enter a lien in the name of the obligee or in
167.7 	the name of the state of Minnesota, as appropriate, under
167.8 	section 168A.05, subdivision 8, on any motor vehicle certificate
167.9 	of title subsequently issued in the obligor's name.
167.10 	(b) At least 90 days before directing the entry of a lien
167.11 	under this section, the public authority must mail a written
167.12 	notice to the obligor at the obligor's last known address
167.13 	indicating that:
167.14 	(1) the public authority intends to enter a lien on any
167.15 	motor vehicle certificate of title subsequently issued in the
167.16 	obligor's name; and 
167.17 	(2) the obligor must make a written request for a hearing
167.18 	within 30 days of the date of the notice to contest the action.
167.19 	(c) If the obligor makes a written request for a hearing
167.20 	within 30 days of the date of the notice, a court hearing must
167.21 	be held.  At least 14 days before the hearing, the public
167.22 	authority must serve the obligor personally or by mail at the
167.23 	obligor's last known address with a notice including the hearing
167.24 	time and place and the allegations against the obligor.
167.25 	(d) If a hearing is held and the court finds the factors
167.26 	under subdivision 1 exist, the court must order the commissioner
167.27 	of public safety to enter the lien on any motor vehicle
167.28 	certificate of title subsequently issued in the obligor's name.
167.29 	(e) If the obligor does not make a written request for a
167.30 	hearing within 30 days of the date of the notice and has not
167.31 	entered into or is not in compliance with a payment agreement
167.32 	under section 517C.71 approved by the public authority within 90
167.33 	days of the date of the notice, the public authority must direct
167.34 	the commissioner of public safety to enter the lien on any motor
167.35 	vehicle certificate of title subsequently issued in the
167.36 	obligor's name.
168.1 		Subd. 4.Release. An obligor may provide proof to the
168.2 	court or the public authority that the obligor is in compliance
168.3 	with all written payment agreements under section 517C.71 or
168.4 	that the motor vehicle's value is less than the exemption
168.5 	provided under section 550.37.  Within 15 days of the receipt of
168.6 	that proof, the court or public authority must:
168.7 	(1) execute a release of security interest under section
168.8 	168A.20, subdivision 4, and mail or deliver the release to the
168.9 	owner or other authorized person; or 
168.10 	(2) in instances where a lien has not yet been entered,
168.11 	direct the commissioner of public safety not to enter a lien on
168.12 	any motor vehicle certificate of title subsequently issued in
168.13 	the obligor's name.
168.14 		Subd. 5.Nonexempt value. A lien recorded against a
168.15 	motor vehicle certificate of title under this section and
168.16 	section 168A.05, subdivision 8, attaches only to the nonexempt
168.17 	value of the motor vehicle as determined in accordance with
168.18 	section 550.37.  The value of a motor vehicle must be determined
168.19 	in accordance with the retail value described in the National
168.20 	Auto Dealers Association Official Used Car Guide, Midwest
168.21 	Edition, for the current year, or in accordance with the
168.22 	purchase price as defined in section 297B.01, subdivision 8.
168.23 		Subd. 6.Remedies available. The remedy available under
168.24 	this section is in addition to any other enforcement remedies
168.25 	available to the court or public authority.

168.26 	Sec. 68. [517C.80] PUBLICATION OF NAMES OF DELINQUENT
168.27 	CHILD SUPPORT OBLIGORS.
168.28 		Subdivision 1.Making names public. At least once each
168.29 	year, the commissioner of human services, in consultation with
168.30 	the attorney general, may publish a list of the names and other
168.31 	identifying information of no more than 25 persons who:
168.32 	(1) are child support obligors;
168.33 	(2) are at least $10,000 in arrears;
168.34 	(3) are not in compliance with a payment agreement
168.35 	regarding both current support and arrears approved by the
168.36 	district court, a child support magistrate, or the public
169.1 	authority;
169.2 	(4) cannot currently be located by the public authority for
169.3 	the purposes of enforcing a support order; and 
169.4 	(5) have not made a support payment except tax intercept
169.5 	payments in the preceding 12 months.
169.6 		Subd. 2.Identifying information. Identifying
169.7 	information may include the obligor's name, last known address,
169.8 	amount owed, date of birth, photograph, the number of children
169.9 	for whom support is owed, and any additional information about
169.10 	the obligor that would assist in identifying or locating the
169.11 	obligor.  The commissioner and attorney general may use posters,
169.12 	media presentations, electronic technology, and other means that
169.13 	the commissioner and attorney general determine are appropriate
169.14 	for dissemination of the information, including publication on
169.15 	the Internet.  The commissioner and attorney general may make
169.16 	any or all of the identifying information regarding these
169.17 	persons public.  Information regarding an obligor who meets the
169.18 	criteria in this section will only be made public after that
169.19 	person's selection by the commissioner and attorney general.
169.20 		Subd. 3.Notice. (a) Before making the obligor's name
169.21 	public, the Department of Human Services must send a notice to
169.22 	the obligor's last known address stating the department's
169.23 	intention to make public information on the obligor.  The notice
169.24 	must also provide an opportunity to have the obligor's name
169.25 	removed from the list by paying the arrears or by entering into
169.26 	an agreement to pay the arrears, or by providing information to
169.27 	the public authority that there is good cause not to make the
169.28 	information public.  The notice must include the final date when
169.29 	the payment or agreement can be accepted.
169.30 	(b) The Department of Human Services must obtain the
169.31 	obligee's written consent to make the obligor's name public.
169.32 		Subd. 4.Names published in error. If the commissioner
169.33 	makes a name public under subdivision 1 in error, the
169.34 	commissioner must also offer to publish a printed retraction and
169.35 	a public apology acknowledging that the name was made public in
169.36 	error.  If the person whose name was made public in error elects
170.1 	the public retraction and apology, the retraction and apology
170.2 	must appear in the same medium and the same format as the
170.3 	original notice where the name was listed in error.  In addition
170.4 	to the right of a public retraction and apology, a person whose
170.5 	name was made public in error has a civil action for damages
170.6 	caused by the error.

170.7 	Sec. 69. [517C.81] COLLECTION; ARREARS.
170.8 		Subdivision 1.Collection of arrears to continue after
170.9 	child is emancipated. Remedies available for collecting and
170.10 	enforcing support in this chapter and chapters 256, 257, and
170.11 	518C also apply to cases in which a child for whom support is
170.12 	owed is emancipated and the obligor owes past support or has
170.13 	accumulated arrears as of the date of the youngest child's
170.14 	emancipation.  Child support arrears under this section include
170.15 	arrears for child support, medical support, child care,
170.16 	pregnancy and birth expenses, and unreimbursed medical expenses
170.17 	as defined in section 517C.15.
170.18 		Subd. 2.Retroactive application. This section applies
170.19 	retroactively to support arrears that accrued on or before the
170.20 	date of enactment and to all arrears accruing after the date of
170.21 	enactment.
170.22 		Subd. 3.Limitations. Past support or pregnancy and
170.23 	confinement expenses ordered for which the obligor has specific
170.24 	court-ordered terms for repayment may not be enforced using
170.25 	drivers' and occupational or professional license suspension,
170.26 	credit bureau reporting, and additional income withholding under
170.27 	section 517C.60, unless the obligor fails to comply with the
170.28 	terms of the court order for repayment.
170.29 		Subd. 4.Payment of arrears. Absent a court order to the
170.30 	contrary, if an arrearage exists at the time a support order
170.31 	would otherwise terminate and section 517C.60 does not apply,
170.32 	the obligor must repay the arrearage in an amount equal to the
170.33 	current support order until all arrears have been paid in full.
170.34 		Subd. 5.Payment agreement. If arrears exist according
170.35 	to a support order which fails to establish a monthly support
170.36 	obligation in a specific dollar amount, the public authority, if
171.1 	it provides child support collection services, or the obligee
171.2 	may establish a payment agreement.  The payment agreement must
171.3 	equal what the obligor would pay for current child support, plus
171.4 	an additional 20 percent of the current child support
171.5 	obligation, until all arrears are paid in full.  If the obligor
171.6 	fails to enter into or comply with a payment agreement, the
171.7 	public authority, if it provides child support collection
171.8 	services, or the obligee may file a motion in district court or
171.9 	the expedited child support process, if section 484.702 applies,
171.10 	for a court order establishing repayment terms.

171.11 	Sec. 70. [517C.82] COLLECTION; REVENUE RECAPTURE.
171.12 	The public authority may submit debt under chapter 270A
171.13 	only if the obligor is in arrears in court-ordered child support
171.14 	or maintenance payments, or both, in an amount greater than the
171.15 	obligor's total monthly support and maintenance payments or if
171.16 	the debt has been entered and docketed as a judgment.

171.17 	Sec. 71. [517C.83] CASE REVIEWER.
171.18 	The commissioner must make a case reviewer available to
171.19 	obligors and obligees.  The reviewer must be available to answer
171.20 	questions concerning the collection process and to review the
171.21 	collection activity taken.  A reviewer who reasonably believes
171.22 	that a particular action being taken is unreasonable or unfair
171.23 	may make recommendations to the commissioner and the applicable
171.24 	county in regard to the collection action.

171.25 	Sec. 72. [517C.84] ATTORNEY FEES; COLLECTION COSTS.
171.26 		Subdivision 1.General. (a) A child support obligee is
171.27 	entitled to recover from the obligor reasonable attorney fees
171.28 	and other collection costs incurred to enforce a child support
171.29 	judgment, as provided in this section if the child support
171.30 	arrears are:
171.31 	(1) at least $500;
171.32 	(2) at least 90 days past due; and 
171.33 	(3) docketed as a judgment under sections 548.09 and
171.34 	548.091.
171.35 	(b) If the obligor pays in full the judgment rendered under
171.36 	section 548.091 within 20 days of receipt of notice of entry of
172.1 	judgment, the obligee is not entitled to recover attorney fees
172.2 	or collection costs under this section.
172.3 		Subd. 2.Enforcement. Attorney fees and collection costs
172.4 	obtained under this section are considered child support and
172.5 	entitled to the applicable remedies for child support collection
172.6 	and enforcement.
172.7 		Subd. 3.Notice to public authority. If the public
172.8 	authority is a party to a case, an obligee must provide written
172.9 	notice to the public authority within five days of:
172.10 	(1) contracting with an attorney or collection entity to
172.11 	enforce a child support judgment; or 
172.12 	(2) receipting payments received on a child support
172.13 	judgment.
172.14 		Subd. 4.Notice to obligor; hearing. (a) The obligee
172.15 	must serve notice of the obligee's intent to recover attorney
172.16 	fees and collection costs by certified or registered mail on the
172.17 	obligor at the obligor's last known address.  The notice must
172.18 	itemize the attorney fees and collection costs being sought by
172.19 	the obligee.  It must inform the obligor that the fees and costs
172.20 	will become an additional judgment for child support unless,
172.21 	within 20 days of mailing of the notice, the obligor requests a
172.22 	hearing:
172.23 	(1) on the reasonableness of the fees and costs; or 
172.24 	(2) to contest the child support judgment on grounds
172.25 	limited to mistake of fact.
172.26 	(b) If the obligor requests a hearing, the only issues to
172.27 	be determined by the court are:
172.28 	(1) whether the attorney fees or collection costs were
172.29 	reasonably incurred by the obligee for the enforcement of a
172.30 	child support judgment against the obligor; or 
172.31 	(2) the validity of the child support judgment on grounds
172.32 	limited to mistake of fact.
172.33 	(c) The fees and costs may not exceed 30 percent of the
172.34 	arrears.  The court may modify the amount of attorney fees and
172.35 	costs as appropriate and must enter judgment accordingly.
172.36 	(d) If the obligor fails to request a hearing within 20
173.1 	days of mailing of the notice under paragraph (a), the amount of
173.2 	the attorney fees or collection costs requested by the obligee
173.3 	in the notice automatically becomes an additional judgment for
173.4 	child support.
173.5 		Subd. 5.Forms. The state court administrator must
173.6 	prepare and make available to the court and the parties forms
173.7 	for use in providing for notice and requesting a hearing under
173.8 	this section.

173.9 	Sec. 73. [517C.99] REQUIRED NOTICES.
173.10 		Subdivision 1.Requirement. Every court order or
173.11 	judgment and decree that provides for child support, spousal
173.12 	maintenance, custody, or parenting time must contain certain
173.13 	notices as set out in subdivision 3.  The information in the
173.14 	notices must be concisely stated in plain language.  The notices
173.15 	must be in clearly legible print, but may not exceed two pages.
173.16 	An order or judgment and decree without the notice remains
173.17 	subject to all statutes.  The court may waive all or part of the
173.18 	notice required under subdivision 3 relating to parental rights
173.19 	if it finds it is necessary to protect the welfare of a party or
173.20 	child.
173.21 		Subd. 2.Copies of laws and forms. The district court
173.22 	administrator must make copies of the sections referred to in
173.23 	subdivision 3 available at no charge and must provide forms to
173.24 	request or contest attorney fees and collection costs under
173.25 	section 517C.84, and cost-of-living increases under section
173.26 	517C.31.
173.27 		Subd. 3.Contents. The required notices must be
173.28 	substantially as follows:
173.29 	"IMPORTANT NOTICE 
173.30 	1.  PAYMENTS TO PUBLIC AGENCY 
173.31 	According to Minnesota Statutes, section 517C.35, payments
173.32 	ordered for maintenance and support must be paid to the
173.33 	public agency responsible for child support enforcement as
173.34 	long as the person entitled to receive the payments is
173.35 	receiving or has applied for public assistance or has
173.36 	applied for support and maintenance collection services.
174.1 	MAIL PAYMENTS TO:  __________________________ 
174.2 	2.  DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A
174.3 	FELONY 
174.4 	A person may be charged with a felony who conceals a minor
174.5 	child or takes, obtains, retains, or fails to return a
174.6 	minor child from or to the child's parent (or person with
174.7 	custodial or visitation rights), according to Minnesota
174.8 	Statutes, section 609.26.  A copy of that section is
174.9 	available from any district court clerk.
174.10 	3.  NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES 
174.11 	A person who fails to pay court-ordered child support or
174.12 	maintenance may be charged with a crime, which may include
174.13 	misdemeanor, gross misdemeanor, or felony charges,
174.14 	according to Minnesota Statutes, section 609.375.  A copy
174.15 	of that section is available from any district court clerk.
174.16 	4.  RULES OF SUPPORT, MAINTENANCE, PARENTING TIME 
174.17 	(a) Payment of support or spousal maintenance is to be as
174.18 	ordered, and the giving of gifts or making purchases of
174.19 	food, clothing, and the like will not fulfill the
174.20 	obligation.
174.21 	(b) Payment of support must be made as it becomes due, and
174.22 	failure to secure or denial of parenting time is NOT an
174.23 	excuse for nonpayment, but the aggrieved party must seek
174.24 	relief through a proper motion filed with the court.
174.25 	(c) Nonpayment of support is not grounds to deny parenting
174.26 	time.  The party entitled to receive support may apply for
174.27 	support and collection services, file a contempt motion, or
174.28 	obtain a judgment as provided in Minnesota Statutes,
174.29 	section 548.091.
174.30 	(d) The payment of support or spousal maintenance takes
174.31 	priority over payment of debts and other obligations.
174.32 	(e) A party who accepts additional obligations of support
174.33 	does so with the full knowledge of the party's prior
174.34 	obligation under this proceeding.
174.35 	(f) Child support or maintenance is based on annual income,
174.36 	and it is the responsibility of a person with seasonal
175.1 	employment to budget income so that payments are made
175.2 	throughout the year as ordered.
175.3 	(g) If the obligor is laid off from employment or receives
175.4 	a pay reduction, support may be reduced, but only if the
175.5 	obligor or public authority serves and files a motion to
175.6 	reduce the support with the court.  Any reduction will take
175.7 	effect only if ordered by the court and may only relate
175.8 	back to the time that the obligor files a motion.  If the
175.9 	obligor or public authority does not file a motion, the
175.10 	support obligation will continue at the current level.  The
175.11 	court is not permitted to reduce support retroactively,
175.12 	except as provided in Minnesota Statutes, section 517C.29.
175.13 	(h) Reasonable parenting time guidelines are contained in
175.14 	Appendix B, which is available from the court administrator.
175.15 	(i) The nonpayment of support may be enforced through the
175.16 	denial of student grants; interception of state and federal
175.17 	tax refunds; suspension of driver's, recreational, and
175.18 	occupational licenses; referral to the Department of
175.19 	Revenue or private collection agencies; seizure of assets,
175.20 	including bank accounts and other assets held by financial
175.21 	institutions; reporting to credit bureaus; interest
175.22 	charging, income withholding, and contempt proceedings; and
175.23 	other enforcement methods allowed by law.
175.24 	5.  PARENTAL RIGHTS REGARDING INFORMATION AND CONTACT 
175.25 	Unless otherwise provided by the court:
175.26 	(a) Each party has the right of access to, and to receive
175.27 	copies of, school, medical, dental, religious training, and
175.28 	other important records and information about the minor
175.29 	child.  Each party has the right of access to information
175.30 	regarding health or dental insurance available to the minor
175.31 	child.  Presentation of a copy of this order to the
175.32 	custodian of a record or other information about the minor
175.33 	child constitutes sufficient authorization for the release
175.34 	of the record or information to the requesting party.
175.35 	(b) Each party must keep the other informed as to the name
175.36 	and address of the school of attendance of the minor
176.1 	child.  Each party has the right to be informed by school
176.2 	officials about the child's welfare, educational progress
176.3 	and status, and to attend school and parent teacher
176.4 	conferences.  The school is not required to hold a separate
176.5 	conference for each party.
176.6 	(c) In case of an accident or serious illness of a minor
176.7 	child, each party must notify the other party of the
176.8 	accident or illness, and the name of the health care
176.9 	provider and the place of treatment.
176.10 	(d) Each party has the right of reasonable access and
176.11 	telephone contact with the minor child.
176.12 	6.  WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 
176.13 	Child support and/or spousal maintenance may be withheld
176.14 	from income, with or without notice to the person obligated
176.15 	to pay, when the conditions of Minnesota Statutes, sections
176.16 	517C.51 to 517C.62, have been met.  A copy of those
176.17 	sections is available from any district court clerk.
176.18 	7.  CHANGE OF ADDRESS OR RESIDENCE 
176.19 	Unless otherwise ordered, each party must notify the other
176.20 	party, the court, and the public authority responsible for
176.21 	collection, if applicable, of the following information
176.22 	within ten days of any change:  the residential and mailing
176.23 	address; telephone number; driver's license number; Social
176.24 	Security number; and name, address, and telephone number of
176.25 	the employer.
176.26 	8.  COST-OF-LIVING INCREASE OF SUPPORT AND MAINTENANCE 
176.27 	Child support and/or spousal maintenance may be adjusted
176.28 	every two years based upon a change in the cost of living
176.29 	(using Department of Labor Consumer Price Index ..........,
176.30 	unless otherwise specified in this order) when the
176.31 	conditions of Minnesota Statutes, section 517C.31, are met.
176.32 	Cost-of-living increases are compounded.  A copy of
176.33 	Minnesota Statutes, section 517C.31, and forms necessary to
176.34 	request or contest a cost-of-living increase are available
176.35 	from any district court clerk.
176.36 	9.  JUDGMENTS FOR UNPAID SUPPORT 
177.1 	If a person fails to make a child support payment, the
177.2 	payment owed becomes a judgment against the person
177.3 	responsible to make the payment by operation of law on or
177.4 	after the date the payment is due, and the person entitled
177.5 	to receive the payment or the public agency may obtain
177.6 	entry and docketing of the judgment WITHOUT NOTICE to the
177.7 	person responsible to make the payment under Minnesota
177.8 	Statutes, section 548.091.  Interest begins to accrue on a
177.9 	payment or installment of child support whenever the unpaid
177.10 	amount due is greater than the current support due,
177.11 	according to Minnesota Statutes, section 548.091,
177.12 	subdivision 1a.
177.13 	10.  JUDGMENTS FOR UNPAID SPOUSAL MAINTENANCE 
177.14 	A judgment for unpaid spousal maintenance may be entered
177.15 	when the conditions of Minnesota Statutes, section 548.091,
177.16 	are met.  A copy of that section is available from any
177.17 	district court clerk.
177.18 	11.  ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD
177.19 	SUPPORT 
177.20 	A judgment for attorney fees and other collection costs
177.21 	incurred in enforcing a child support order will be entered
177.22 	against the person responsible to pay support when the
177.23 	conditions of Minnesota Statutes, section 517C.84, are
177.24 	met.  A copy of Minnesota Statutes, section 517C.84, and
177.25 	forms necessary to request or contest these attorney fees
177.26 	and collection costs are available from any district court
177.27 	clerk.
177.28 	12.  PARENTING TIME EXPEDITOR PROCESS 
177.29 	On request of either party or on its own motion, the court
177.30 	may appoint a parenting time expeditor to resolve parenting
177.31 	time disputes under Minnesota Statutes, section 517B.26.  A
177.32 	copy of that section and a description of the expeditor
177.33 	process is available from any district court clerk.
177.34 	13.  PARENTING TIME REMEDIES AND PENALTIES 
177.35 	Remedies and penalties for the wrongful denial of parenting
177.36 	time are available under Minnesota Statutes, section
178.1 	517B.25, subdivision 7.  These include compensatory
178.2 	parenting time, civil penalties, bond requirements,
178.3 	contempt, and reversal of custody.  A copy of that
178.4 	subdivision and forms for requesting relief are available
178.5 	from any district court clerk." 

178.6 	Sec. 74. STUDY OF ECONOMIC IMPACT OF CHILD SUPPORT
178.7 	GUIDELINES.
 178.8 	As part of the 2006 quadrennial review under Minnesota
178.9 	Statutes, section 517C.15, subdivision 5, the commissioner of
178.10 	human services shall request that the University of Minnesota or
178.11 	another university in the Minnesota State Colleges and
178.12 	Universities system conduct an analysis of the child support
178.13 	guidelines contained in this act to evaluate:
178.14 	(1) whether the guidelines fairly represent the cost of
178.15 	raising children for the respective parental income levels,
178.16 	excluding medical support, child care, and education costs;
178.17 	(2) whether the standards for medical support and child
178.18 	care costs fairly apportion those costs between the parents,
178.19 	after consideration of the respective tax benefits; and 
178.20 	(3) whether the guidelines fairly reflect each parent's
178.21 	ability to provide for basic housing needs.
178.22 	In performing this economic analysis, the university shall
178.23 	utilize the per capita cost approach, except that costs for
178.24 	housing must utilize the marginal cost approach, comparing the
178.25 	typical housing cost for two-parent intact families.

178.26 	Sec. 75. APPROPRIATIONS.
 178.27 	$....... in fiscal year 2006 and $....... in fiscal year
178.28 	2007 are appropriated from the general fund to the commissioner
178.29 	of human services to fund implementation of the Minnesota Child
178.30 	Support Act and to reimburse counties for their implementation
178.31 	costs.  The commissioner of human services shall devise an
178.32 	equitable system to reimburse counties for their costs of
178.33 	implementing the Minnesota Child Support Act.  The appropriation
178.34 	base in fiscal year 2007 for grants to counties is $........
178.35 	$....... is appropriated in fiscal year 2006 from the
178.36 	general fund to the Supreme Court administrator to fund
179.1 	implementation of the Minnesota Child Support Act.  This is a
179.2 	onetime appropriation.

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

179.15 	Sec. 77. REPEALER.
 179.16 	Minnesota Statutes 2004, sections 518.111; 518.171;
179.17 	518.255; 518.54, subdivisions 2, 4a, 13, and 14; 518.551;
179.18 	518.5513; 518.553; 518.57; 518.575; 518.585; 518.5851; 518.5852;
179.19 	518.5853; 518.61; 518.6111; 518.614; 518.615; 518.616; 518.617;
179.20 	518.618; 518.6195; 518.6196; and 518.68, are repealed.

179.21 	Sec. 78. EFFECTIVE DATE.
 179.22 	This act is effective January 1, 2006.