STATE OF MINNESOTA
EIGHTY-THIRD SESSION - 2004
_____________________
ONE HUNDRED SIXTH DAY
Saint Paul, Minnesota, Tuesday, May 11, 2004
The House of Representatives convened at 12:00 noon and was
called to order by Ron Abrams, Speaker pro tempore.
Prayer was offered by Pastor John Tenjack, Grace Alliance
Church, Forest Lake, Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Tingelstad was excused.
Abeler was excused until 1:10 p.m. Slawik was excused until 1:15 p.m. Meslow was excused until 1:55 p.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. Jacobson
moved that further reading of the Journal be suspended and that the Journal be
approved as corrected by the Chief Clerk.
The motion prevailed.
REPORTS
OF CHIEF CLERK
S. F. No. 676 and H. F. No. 1086,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical with certain exceptions.
SUSPENSION
OF RULES
Smith moved that the rules be so far suspended that
S. F. No. 676 be substituted for H. F. No. 1086
and that the House File be indefinitely postponed. The motion prevailed.
SECOND READING OF SENATE BILLS
S. F. No. 676 was read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Kahn, Ozment, Huntley and Murphy introduced:
H. F. No. 3197, A resolution requesting the governor to include
the Great Lakes and Lake Superior in providing comments on a certain federal
report.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Policy.
Mariani, Greiling and Ellison introduced:
H. F. No. 3198, A bill for an act relating to education;
directing the education commissioner to seek a waiver from ineffective
provisions of the federal No Child Left Behind Act; directing the education
commissioner to report on policies and programs to supplement the positive
effects of the act related to improving student achievement, closing the
student achievement gap, and establishing school accountability; appropriating
money for supplemental educational services.
The bill was read for the first time and referred to the
Committee on Education Policy.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr.
Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned, as amended by the Senate, in which amendments
the concurrence of the House is respectfully requested:
H. F. No. 2187, A bill for an act relating to commerce;
requiring debt collection agency employees to be registered instead of licensed;
amending Minnesota Statutes 2002, sections 332.33; 332.335, subdivision 1;
332.35; 332.37; 332.395; 332.40; 332.41; 332.42; 332.43, subdivision 1.
Patrick E. Flahaven, Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Stang moved that the House concur in the Senate amendments to
H. F. No. 2187 and that the bill be repassed as amended by the
Senate. The motion prevailed.
H. F. No. 2187, A bill for an act relating to commerce;
requiring debt collection agency employees to be registered instead of
licensed; amending Minnesota Statutes 2002, sections 332.33; 332.335,
subdivision 1; 332.35; 332.37; 332.395; 332.40; 332.41; 332.42; 332.43,
subdivision 1.
The bill was read for the third time, as amended by the Senate,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 129 yeas
and 0 nays as follows:
Those who voted in the affirmative were:
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was repassed, as amended by the Senate, and its title
agreed to.
Mr.
Speaker:
I hereby announce the passage by the Senate of the following
Senate File, herewith transmitted:
S. F. No. 2696.
Patrick E. Flahaven, Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 2696, A bill for an act relating to liquor; providing
for conformity in license fees and production levels for brewpubs and small
brewers; authorizing issuance of temporary licenses to small brewers;
authorizing off-sale of growlers by small brewers; clarifying restrictions on
location of retail licenses in proximity to certain institutions; providing for
uniform off-sale hours statewide; regulating Sunday on-sales; modifying
sampling provisions; providing that the on-sale license for Elko Speedway
authorizes sales on all days of the week; changing the issuer of a certain
license at the state fair; authorizing the city of Duluth to issue a liquor
license for Wade Municipal Stadium; authorizing the city of St. Paul to issue a
liquor license for special events at the State Capitol; amending Minnesota
Statutes 2002, sections 340A.404, subdivision 10; 340A.412, subdivision 4;
340A.504, subdivision 4; 340A.702; Minnesota Statutes 2003 Supplement, sections
340A.301, subdivisions 6, 7; 340A.504, subdivisions 1, 3; 340A.510, subdivision
2; Laws 2003, chapter 126, section 28; Laws 2003, chapter 126, section 29;
proposing coding for new law in Minnesota Statutes, chapter 340A.
The bill was read for the first time.
Westerberg moved that S. F. No. 2696 and H. F. No. 2816, now on
the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.
CALENDAR FOR THE DAY
S. F. No. 1530 was reported to the House.
Strachan moved to amend S. F. No. 1530 as
follows:
Delete everything after the enacting clause and insert the
following language of H. F. No. 1593, the second engrossment:
"Section 1.
[346.155] [OWNING DANGEROUS ANIMALS.]
Subdivision 1.
[DEFINITIONS.] (a) The definitions in this subdivision apply to this
section.
(b) "Person" means a natural person, firm,
partnership, corporation, or association, however organized.
(c) "Wildlife sanctuary" means a 501(c)(3)
nonprofit organization that:
(1) operates a place of refuge where abused, neglected,
unwanted, impounded, abandoned, orphaned, or displaced wildlife are provided
care for their lifetime;
(2) does not conduct any commercial activity with respect
to any animal of which the organization is an owner; and
(3) does not buy, sell, trade, auction, lease, loan, or
breed any animal of which the organization is an owner, except as an integral
part of the species survival plan of the American Zoo and Aquarium Association.
(d) "Possess" means to own, care for, have custody
of, or control.
(e) "Regulated animal" means:
(1) all members of the Felidae family including, but not
limited to, lions, tigers, cougars, leopards, cheetahs, ocelots, and servals,
but not including domestic cats or cats recognized as a domestic breed,
registered as a domestic breed, and shown as a domestic breed by a national or
international multibreed cat registry association;
(2) bears; and
(3) all nonhuman primates, including, but not limited to,
lemurs, monkeys, chimpanzees, gorillas, orangutans, marmosets, lorises, and
tamarins.
"Regulated animal" includes any hybrid or cross
between an animal listed in clause (1), (2), or (3) and a domestic animal and
offspring from all subsequent generations of those crosses or hybrids.
(f) "Local animal control authority" means an
agency of the state, county, municipality, or other governmental subdivision of
the state that is responsible for animal control operations in its
jurisdiction.
Subd. 2.
[POSSESSION OF REGULATED ANIMALS.] (a) Except as provided in this
section, it is unlawful for a person to possess a regulated animal.
(b) A person who possesses a regulated animal on the
effective date of this section has 120 days to come into compliance with
regulations promulgated by the United States Department of Agriculture for
regulated animals under the Animal Welfare Act, Public Law 89-544, and its
subsequent amendments, and the regulations adopted under that act relating to
facilities and operations, animal health and husbandry, and veterinary care for
regulated animals.
(c) Except as provided in paragraph (e), a person must not
take possession of a regulated animal after the effective date of this section.
(d) Except as provided in paragraph (e), only a person who
possesses a valid United States Department of Agriculture license is allowed to
breed regulated animals after the effective date of this section.
(e) Except as provided in paragraph (g), a person who
possesses a valid United States Department of Agriculture license or is
registered with a local animal control authority under this section and is in compliance
with the United States Department of Agriculture Animal Welfare Act regulations
and standards on the effective date of this section may breed, purchase, or
otherwise acquire new regulated animals after the effective date of this
section in order to maintain their inventory, or to sell regulated animals to
other United States Department of Agriculture licensed and compliant
facilities, to persons registered under this section, or to exempt facilities
under subdivision 7. For purposes of
this paragraph, "maintain their inventory" includes adding additional
regulated animals as necessary to maintain their operation up to 125 percent of
the number of regulated animals at the time of registration.
(f) Except as provided in paragraph (g), a person who does
not hold a United States Department of Agriculture license for regulated
animals and is in compliance with this section may replace a tiger or lion
possessed by the person on the effective date of this section if the animal
dies, but may replace it only once.
(g) If a regulated animal dies of neglect or cruelty, is
seized pursuant to subdivision 5, or if the person is involved in illegal
activities, the person cannot acquire a replacement animal.
Subd. 3.
[REGISTRATION.] (a) Within 60 days after the effective date of this
section, a person who possesses a regulated animal must notify in writing the
local animal control authority using a registration form approved by the Board
of Animal Health. The notification must
include the person's name, address, telephone number, and a complete inventory
of each regulated animal that the person possesses. The inventory shall include the following information: number and species of each regulated animal;
the microchip number and manufacturer for each regulated animal if available;
the exact location where each regulated animal is kept; and age, sex, color,
weight, scars, and any distinguishing marks of each regulated animal.
(b) If a person who possesses a regulated animal has a
microchip implanted in the animal for identification, the name of the microchip
manufacturer and the identification number of the microchip must be provided to
the local animal control authority.
(c) If a local animal control authority performs an initial
site inspection, a fee of up to $50 may be charged. An annual fee of $25 per animal to register regulated animals up
to a maximum of $100 annually per person may be charged. The local animal control authority may
charge an additional site inspection fee of $50 if the person acquires and
possesses another type of regulated animal.
A certificate of registration must be issued by the local animal control
authority to the person upon payment of the fee.
Subd. 4.
[REQUIREMENTS.] (a) A person who possesses a regulated animal must
maintain health and ownership records on each animal and must maintain the
records for five years.
(b) A person who possesses a regulated animal must maintain
an ongoing program of veterinary care which includes a veterinary visit to the
premises at least annually.
(c) A person who possesses a regulated animal must notify
the local animal control authority in writing within ten days of a change in
address or location where the regulated animal is kept.
(d) A person who possesses a regulated animal must
prominently display a sign on the enclosure where the animal is housed
indicating the presence of a regulated animal.
(e) A person who possesses a regulated animal must notify,
as soon as practicable, local law enforcement officials of any escape of a
regulated animal. The person who
possesses the regulated animal is liable for any costs incurred by any person,
city, county, or state agency resulting from the escape of a regulated animal
unless the escape is due to a criminal act or a natural event.
(f) A person who possesses a regulated animal must maintain
a written recovery plan in the event of the escape of a regulated animal. The person must maintain a tranquilizer gun,
tranquilizers, live traps, or other equipment necessary to assist in the
recovery of the regulated animal.
(g) If a person who possesses a regulated animal can no
longer care for the animal, the person shall take steps to find long-term
placement for the regulated animal.
Subd. 5.
[SEIZURE.] (a) If the local animal control authority determines that
a person who possesses one or more regulated animals is not in compliance with
the requirements of this section, the local animal control authority shall
provide written notice and warning to the person and commence appropriate
actions to seize the animal or animals.
(b) A person notified by the local animal control
authority under paragraph (a) may submit to the local animal control authority
a written request for a temporary permit to retain custody of the animal or animals
for up to 30 days, during which time the person shall take all necessary
actions to come into compliance. During
the 30-day period, the local animal control authority may inspect, at any
reasonable time, the premises where a regulated animal is kept.
(c) If a person who possesses one or more regulated animals
is not in compliance with this section following the 30-day period allowed in
paragraph (b), the local animal control authority may seize the animal or
animals on the premises. The local animal
control authority must provide a notice of the seizure by delivering and
mailing it to the owner, by posting a copy of it at the place where the animal
is taken into custody, or by delivering it to a person residing on the property
and informing the owner by telephone, if possible. The notice must include:
(1) a description of the animal or animals seized;
(2) the authority and purpose for the seizure;
(3) the time, place, and circumstances under which the
animal or animals were seized; and
(4) a contact person and telephone number.
(d) The notice provided to the person from whom a regulated
animal was seized must include statements that:
(1) the person may post a security deposit with the local
animal control authority to prevent disposition or destruction of the animal or
animals;
(2) the person may fill out a form provided with the notice
to request a hearing concerning the seizure;
(3) failure to post a security deposit within five business
days following the date of the seizure may result in disposal or other
disposition of the animal; and
(4) the actual costs of care, keeping, and disposal or
destruction of the regulated animal will be the responsibility of the person
from whom the animal was seized, except to the extent that a court finds that
the seizure or impoundment was not substantially justified under law.
(e) If a person from whom a regulated animal was seized
makes a written request within five days of the seizure, a hearing to determine
the validity of the seizure must be held within an additional five business
days. The judge may order the return of
the animal to the person from whom the animal was seized if the judge finds:
(1) the person can and will provide the care required by law
for the regulated animal; and
(2) the regulated animal is physically fit.
(f) If the judge orders a permanent disposition of the
regulated animal, the local animal control authority may place the animal with
a wildlife sanctuary, persons authorized by the Department of Natural
Resources, or an appropriate United States Department of Agriculture licensed
facility. If no such facility is
available for disposition of the animal, the local animal control authority may
order that the animal be destroyed.
(g) A person from whom a regulated animal is seized is
liable for all the actual costs of care, keeping, and disposal or destruction
of the animal, except to the extent that a judge finds that the seizure was not
substantially justified by law. The
costs shall be paid in full or a mutually satisfactory arrangement for payment
must be made between the local animal control authority and the person claiming
an interest in the animal before return of the animal to the person.
(h) A person from whom a regulated animal has been seized
under this subdivision may prevent disposition of the animal by posting
security in the amount sufficient to provide for the actual costs of care and
keeping of the animal. The security
must be posted within five business days of the seizure, inclusive of the day
of the seizure.
(i) If circumstances exist that threaten the life of a
person or the life of another animal, local law enforcement or the local animal
control authority may seize a regulated animal without providing prior notice,
notice at the time of seizure, or the opportunity for a hearing or court order
or destroy the animal.
Subd. 6.
[DISPOSAL OF ANIMALS.] Upon proper determination by a Minnesota
licensed veterinarian, any regulated animal taken into custody under this
section may be immediately disposed of when the regulated animal is suffering
and is beyond cure through reasonable care and treatment. The authority taking custody of the
regulated animal may recover all costs incurred under this section.
Subd. 7.
[EXEMPTIONS.] This section does not apply to:
(1) institutions accredited by the American Zoo and Aquarium
Association;
(2) a wildlife sanctuary;
(3) fur-bearing animals, as defined in section 97A.015,
possessed by a game farm that is licensed under section 97A.105, or bears
possessed by a game farm that is licensed under section 97A.105;
(4) the Department of Natural Resources, or a person
authorized by permit issued by the commissioner of natural resources pursuant
to section 97A.401, subdivision 3;
(5) a Minnesota licensed or accredited research or medical
institution; or
(6) a circus, carnival, rodeo, or county fair.
Subd. 8. [REPORT
TO THE BOARD OF ANIMAL HEALTH.] By July 1 each year, local animal control
authorities shall report to the Board of Animal Health on regulated animals
registered with the local animal control authorities. The report shall include all registration information submitted
to the local animal control authority under subdivision 3, paragraph (a), and
information on enforcement actions taken under this section.
Subd. 9.
[PENALTY.] A person who knowingly violates subdivision 2, 3, or 4 is
guilty of a misdemeanor."
Delete the title and insert:
"A bill for an act relating to animals; regulating certain
bears, primates, and members of the Felidae family; imposing a penalty;
proposing coding for new law in Minnesota Statutes, chapter 346."
The motion prevailed and the amendment was adopted.
S. F. No. 1530, as amended, was read for the third time.
MOTION FOR RECONSIDERATION
Blaine moved that the action whereby
S. F. No. 1530, as amended, was given its third reading be now
reconsidered. The motion prevailed.
The Speaker assumed the Chair.
Blaine moved to amend S. F. No. 1530, as amended, as follows:
Delete everything after the enacting clause and insert:
"Section 1.
[35.805] [OWNING CERTAIN REGULATED ANIMALS.]
Subdivision 1.
[DEFINITIONS.] (a) The definitions in this subdivision apply to this
section.
(b) "Person" means a natural person, firm, partnership,
corporation, or association however organized.
(c) "Possess" means to own, care for, have custody
of, or control.
(d) "Regulated animal" means:
(1) all members of the Felidae family including, but not
limited to, lions, tigers, cougars, leopards, cheetahs, ocelots, and servals,
but not including domestic cats or cats recognized as a domestic breed,
registered as a domestic breed, and shown as a domestic breed by a national or
international multibreed cat registry association;
(2) bears; and
(3) all nonhuman primates, including, but not limited to,
lemurs, monkeys, chimpanzees, gorillas, orangutans, marmosets, lorises, and
tamarins.
Regulated animal includes any hybrid or cross between an
animal listed in clause (1), (2), or (3) and a domestic animal and offspring
from all subsequent generations of those crosses or hybrids.
Subd. 2.
[POSSESSION OF REGULATED ANIMALS.] (a) Except as provided in this
section, it is unlawful for a person to possess a regulated animal.
(b) A person who possesses a regulated animal on the
effective date of this section has 120 days to come into compliance with
regulations promulgated by the United States Department of Agriculture for
regulated animals under the Animal Welfare Act, Public Law 89-544, and its
subsequent amendments, and the regulations adopted under that act relating to
facilities and operations, animal health and husbandry, and veterinary care for
regulated animals.
(c) Only a person who possesses a valid United States
Department of Agriculture or Minnesota state license is allowed to breed
regulated animals after the effective date of this section.
(d) A person who possesses a valid United States Department
of Agriculture license or Minnesota state license and is in compliance with the
United States Department of Agriculture Animal Welfare Act regulations and
standards may breed, purchase, or otherwise acquire new regulated animals after
the effective date of this section, or sell regulated animals to other United
States Department of Agriculture licensed and compliant facilities, to persons
registered under this section, or to exempt facilities under subdivision 7.
(e) If a regulated animal dies of
neglect or cruelty, is seized pursuant to subdivision 5, or if the person is
involved in illegal activities, the person cannot acquire a replacement animal.
(f) It is unlawful for a person in control of real property
to knowingly permit another person to possess a regulated animal on that
property, except in compliance with this section.
Subd. 3.
[REGISTRATION.] (a) Within 60 days after the effective date of this
section, a person who possesses a regulated animal must notify the board in
writing using a registration form prepared by the board. The notification shall include the person's
name, address, telephone number, and a complete inventory of each regulated
animal that the person possesses. The
inventory shall include the following information: number and species of each regulated animal; the exact location
where each regulated animal is kept; and age, sex, color, weight, scars, and
any distinguishing marks of each regulated animal.
(b) The board may charge an initial site inspection fee of
$50 plus an annual fee of $25 per animal to register regulated animals up to a
maximum of $100 annually per person.
The board may charge an additional site inspection fee of $50 if the
person acquires and possesses another type of regulated animal.
Subd. 4.
[REQUIREMENTS.] (a) A person who possesses a regulated animal must
maintain health and ownership records on each animal and must maintain the
records for five years.
(b) A person who possesses a regulated animal must maintain
an ongoing program of veterinary care which includes a veterinary visit to the
premises at least annually.
(c) A person who possesses a regulated animal must notify
the Board of Animal Health in writing within ten days of a change in address or
location where the regulated animal is kept.
(d) A person who possesses a regulated animal must notify,
as soon as practicable, local law enforcement officials of any escape of a
regulated animal. The person who
possesses the regulated animal is liable for any costs incurred by any person,
city, county, or state agency resulting from the escape of a regulated animal
unless the escape is due to a criminal act or a natural event.
(e) A person who possesses a regulated animal shall maintain
a written recovery plan in the event of the escape of a regulated animal. The person shall maintain a tranquilizer
gun, tranquilizers, live traps, or other equipment necessary to assist in the
recovery of the regulated animal.
(f) If a person who possesses a regulated animal can no
longer care for the animal, the person shall take steps to find long-term
placement for the regulated animal.
Subd. 5.
[SEIZURE.] (a) If the board determines that a person who possesses
one or more regulated animals is not in compliance with the requirements of
this section, the board shall provide written notice and warning to the person
and commence appropriate actions to seize the animal or animals.
(b) A person notified by the board under paragraph (a) may
submit to the board a written request for a temporary permit to retain custody
of the animal or animals for up to 30 days, during which time the person shall
take all necessary actions to come into compliance. During the 30-day period, the board may inspect, at any
reasonable time, the premises where a regulated animal is kept.
(c) If a person who possesses one or more regulated animals
is not in compliance with this section following the 30-day period allowed in
paragraph (b), the board may seize the animal or animals on the premises. At the time of the seizure, the board must
attempt to notify the owner of the regulated animal by telephone. The board must provide written notice of the
seizure by United States mail, postmarked not later than the next business day
following the seizure, to the address of the property. The written notice must include:
(1) a description of the animal or
animals seized;
(2) the authority and purpose for the seizure;
(3) the time, place, and circumstances under which the
animal or animals were seized; and
(4) the location, address, telephone number, and other
contact information where the animal is to be kept after the seizure.
(d) The notice provided to the person from whom a regulated
animal was seized must include statements that:
(1) the person may post a security deposit with the board to
prevent disposition or destruction of the animal or animals;
(2) the person may fill out a form provided with the notice
to request a hearing concerning the seizure;
(3) failure to post a security deposit within five business
days following the date of the seizure may result in disposal or other
disposition of the animal; and
(4) the actual costs of care, keeping, and disposal or
destruction of the regulated animal will be the responsibility of the person
from whom the animal was seized, except to the extent that a court finds that
the seizure or impoundment was not substantially justified under law.
(e) If a person from whom a regulated animal was seized
makes a written request within five days of the seizure, a hearing to determine
the validity of the seizure must be held within an additional five business
days. The judge may order the return of
the animal to the person from whom the animal was seized if the judge finds:
(1) the person can and will provide the care required by law
for the regulated animal; and
(2) the regulated animal is physically fit.
(f) If the judge orders a permanent disposition of the
regulated animal, the board may place the animal with a wildlife sanctuary, a
Minnesota licensed wildlife rehabilitator, or another appropriate United States
Department of Agriculture licensed facility.
If no such facility is available for disposition of the animal, the
board may order that the animal be destroyed.
(g) A person from whom a regulated animal is seized is
liable for all the actual costs of care, keeping, and disposal or destruction
of the animal, except to the extent that a judge finds that the seizure was not
substantially justified by law. The
costs shall be paid in full or a mutually satisfactory arrangement for payment
must be made between the board and the person claiming an interest in the
animal before return of the animal to the person.
(h) A person from whom a regulated animal has been seized
under this subdivision may prevent disposition of the animal by posting
security in the amount sufficient to provide for the actual costs of care and
keeping of the animal. The security
must be posted within five business days of the seizure, inclusive of the day
of the seizure.
(i) If circumstances exist that threaten the life of a
person or the life of another animal, the board, local law enforcement, or a
local animal control authority may seize a regulated animal without providing
prior notice, notice at the time of seizure, or the opportunity for a hearing
or court order.
Subd. 6.
[DISPOSAL OF ANIMALS.] Upon proper determination by a Minnesota
licensed veterinarian, any regulated animal taken into custody under this
section may be immediately disposed of when the regulated animal is suffering
and is beyond cure through reasonable care and treatment. The authority taking custody of the
regulated animal may recover all costs incurred under this section.
Subd. 7. [EXEMPTIONS.] This section does not apply
to:
(1) fur-bearing animals, as defined in section 97A.015,
possessed by a game farm that is licensed under section 97A.105 or bears
possessed by a game farm that is licensed under section 97A.105;
(2) the Department of Natural Resources, or a person
authorized by permit issued by the commissioner of natural resources pursuant
to section 97A.401, subdivision 3;
(3) a Minnesota licensed or accredited research or medical
institution; or
(4) a circus, carnival, rodeo, or county fair.
Subd. 8.
[PENALTY.] The board may bring civil or criminal charges as provided
in sections 35.92 to 35.96 against a person who knowingly violates provisions
of this section."
Delete the title and insert:
"A bill for an act relating to animals; imposing limits on
ownership and possession of certain animals; requiring registration; providing
criminal penalties; proposing coding for new law in Minnesota Statutes, chapter
35."
The motion did not prevail and the amendment was not adopted.
S. F. No. 1530, A bill for an act relating to animals; imposing
limits on ownership and possession of certain dangerous animals; requiring
registration; providing criminal penalties; proposing coding for new law in
Minnesota Statutes, chapter 346.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 107 yeas and 24
nays as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Boudreau
Bradley
Brod
Carlson
Clark
Cornish
Cox
Davnie
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Finstad
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Knoblach
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lipman
Magnus
Mahoney
Mariani
McNamara
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Sertich
Severson
Sieben
Slawik
Smith
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, B.
Blaine
Borrell
Buesgens
Davids
DeLaForest
Erickson
Fuller
Gerlach
Heidgerken
Howes
Klinzing
Krinkie
Lindgren
Lindner
Marquart
Olson, M.
Penas
Seifert
Simpson
Soderstrom
Urdahl
Vandeveer
Westrom
The bill was passed, as amended, and its title agreed to.
S. F. No. 2703, A bill for an act relating to state employment;
modifying state hiring process provisions; adding, modifying, and eliminating
definitions; making technical changes; requiring a study and report on the
impacts of the political subdivision compensation limit; amending Minnesota
Statutes 2002, sections 43A.02, subdivisions 4, 6, 11, 26, 32, 34, by adding
subdivisions; 43A.04, subdivisions 3, 4; 43A.05, subdivision 1; 43A.10; 43A.11,
subdivisions 5, 7, 8, 9; 43A.15, subdivisions 1, 2, 4, 7, 10, 15; 43A.16,
subdivision 1; 43A.191, subdivision 3; 43A.36, subdivision 1; 43A.39,
subdivision 1; 197.455; Minnesota Statutes 2003 Supplement, section 43A.15,
subdivision 14; proposing coding for new law in Minnesota Statutes, chapter
43A; repealing Minnesota Statutes 2002, sections 43A.02, subdivisions 7, 8, 15,
16, 19, 20, 37; 43A.11, subdivisions 3, 4; 43A.12; 43A.13, subdivisions 1, 2,
3, 4, 5, 6, 8; 43A.15, subdivisions 8, 9, 11; Minnesota Statutes 2003
Supplement, section 43A.13, subdivision 7; Minnesota Rules, parts 3900.3300;
3900.6100; 3900.6300; 3900.6400; 3900.6500; 3900.6600; 3900.7100; 3900.7200;
3900.7300; 3900.7400; 3900.8500; 3900.8600; 3900.8800.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 129 yeas and 3
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Buesgens
Krinkie
Lindner
The bill was passed and its title agreed to.
H. F. No. 2609 was reported to the House.
Thissen moved to amend H. F. No. 2609 as follows:
Page 2, line 14, after "of" insert "current
employees who are"
Page 2, line 15, strike "in the recruiting area
population"
Page 2, after line 15, insert:
"(c) The commissioner may use any of the following
factors in addition to the factors required under paragraph (b):"
Page 2, line 16, reinstate the stricken language and strike
"(3)" and insert "(1)"
Page 2, lines 17 and 19, reinstate the stricken language
Page 2, line 18, reinstate the stricken language and strike
"(4)" and insert "(2)"
Page 2, line 20, reinstate the stricken language and strike
"(5)" and insert "(3)"
Page 2, line 21, strike "(c)" and insert "(d)"
The motion prevailed and the amendment was adopted.
H. F. No. 2609, A bill for an act relating to state employment;
modifying affirmative action provisions; amending Minnesota Statutes 2002,
sections 43A.02, by adding a subdivision; 43A.19, subdivision 1; repealing
Minnesota Rules, part 3900.0400, subpart 11.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 119 yeas and 13
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Boudreau
Bradley
Brod
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Urdahl
Wagenius
Walker
Wardlow
Wasiluk
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Adolphson
Anderson, B.
Borrell
Buesgens
Erickson
Jacobson
Krinkie
Lindner
Olson, M.
Powell
Vandeveer
Walz
Westerberg
The bill was passed, as amended, and its title agreed to.
S. F. No. 1639 was reported to the House.
Pugh moved that S. F. No. 1639 be temporarily
laid over on the Calendar for the Day.
The motion prevailed.
The Speaker called Seifert to the Chair.
H. F. No. 352 was reported to the House.
Wilkin moved to amend H. F. No. 352, the first engrossment, as
follows:
Page 1, line 16, reinstate the stricken language
Page 1, line 17, reinstate the stricken "subdivision
1"
Page 2, line 26, delete "or 144.342" and
insert "to 144.343, subdivision 1"
The motion prevailed and the amendment was adopted.
The Speaker resumed the Chair.
Wilkin moved to amend H. F. No. 352, the first engrossment,
as amended, as follows:
Page 2, line 26, delete "or" and insert a
comma and after "144.342," insert "or 144.348,"
Page 3, after line 18, insert:
"Sec. 4. [144.348]
[PARENT'S AGREEMENT WITH PROVIDER.]
(a) A parent or legal guardian of a minor child may enter
into an agreement with a health care provider to permit the minor to consent
for future health care services under 144.343.
The agreement may specify the services for which a minor child may
consent, and the duration for which the agreement is effective. The agreement must be notarized by a notary
public and must be signed by both the parent or guardian, and the agent of the
health care provider.
(b) For purposes of this section, a "health care
provider" means a person, health care facility, organization, or
corporation licensed, certified, or otherwise authorized or permitted by the
laws of this state to administer health care directly or through an arrangement
with other health care providers, including health maintenance organizations
licensed under chapter 62D.
Sec. 5. [144.349] [MINORS IN OUT-OF-HOME PLACEMENT.]
(a) The executive director, program manager, or a designee
thereof, of a licensed residential facility providing outreach, community
support, and short-term shelter for unaccompanied homeless, runaway, or
abandoned youth may give effective consent for medical, mental, and other
health services, except for family planning services, for a minor child while
the minor child is receiving services from the licensed residential facility,
and the consent of no other person is required. If a minor receives medical, mental, or other health services
under this section, the minor's parents must have access to the minor's health
records.
(b) For purposes of this section, a "residential
facility" means any facility or program licensed by the commissioner of
human services under chapter 245A or the commissioner of corrections under
section 241.021 to serve children in out-of-home placement, that have specific
contracts with their host county to provide services to youth identified under
paragraph (a).
Sec. 6. [144.3491]
[ORGANIZATIONS RECEIVING TITLE X FUNDS.]
Nothing in sections 144.343, subdivision 1, 144.348, or
144.349 requires an organization that receives federal funds under title X of
the Public Health Service Act to refrain from performing any service that is
required to be provided as a condition of receiving title X funds, as specified
by the provisions of title X or the title X program guidelines for project
grants for family planning services published by the United States Department
of Health and Human Services."
Page 3, line 20, delete "This act" and insert
"Sections 121A.22, subdivision 2, 144.335, subdivision 1, 144.343,
subdivision 1, 144.348, and 144.349"
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The Speaker called Olson, M., to the Chair.
Paymar moved to amend the Wilkin amendment to H. F. No. 352,
the first engrossment, as amended, as follows:
Page 1, delete lines 3 and 4 and insert "delete sections 1
to 3"
Page 1, line 8, delete "permit the"
Page 1, line 9, delete "minor" and insert
"limit the authority of the minor" and delete "future"
and before the period, insert "and can have full access to the minor
child's health records"
Page 1, line 14, after the period, insert "The
agreement applies to all health care services provided after the agreement
takes effect."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the amendment to the amendment and
the roll was called. There were 45 yeas
and 88 nays as follows:
Those who
voted in the affirmative were:
Abrams
Atkins
Bernardy
Biernat
Carlson
Clark
Davnie
Dorman
Ellison
Entenza
Erhardt
Goodwin
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Larson
Latz
Lesch
Mahoney
Mariani
McNamara
Mullery
Murphy
Nelson, M.
Otto
Paymar
Pugh
Rhodes
Rukavina
Sertich
Sieben
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Wasiluk
Those who
voted in the negative were:
Abeler
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Cox
Davids
DeLaForest
Demmer
Dempsey
Dill
Dorn
Eastlund
Eken
Erickson
Finstad
Fuller
Gerlach
Greiling
Gunther
Haas
Hackbarth
Harder
Heidgerken
Holberg
Hoppe
Howes
Jacobson
Johnson, J.
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Lenczewski
Lieder
Lindgren
Lindner
Lipman
Magnus
Marquart
Meslow
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Ozment
Paulsen
Pelowski
Penas
Peterson
Powell
Ruth
Samuelson
Seagren
Seifert
Severson
Simpson
Smith
Soderstrom
Stang
Strachan
Swenson
Sykora
Urdahl
Vandeveer
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment to the amendment
was not adopted.
The question recurred on the Wilkin amendment to
H. F. No. 352, the first engrossment, as amended. The motion prevailed and the amendment was
adopted.
The Speaker resumed the Chair.
H. F. No. 352, A bill for an
act relating to health; modifying consent requirements for medical treatment of
minors; permitting parental access to minor's medical records; providing for
minor consent agreements; amending Minnesota Statutes 2002, sections 121A.22,
subdivision 2; 144.335, subdivision 1; 144.343, subdivision 1; proposing coding
for new law in Minnesota Statutes, chapter 144; repealing Minnesota Statutes
2002, section 144.3441.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 86 yeas and 47
nays as follows:
Those who voted in the affirmative were:
Abeler
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Davids
DeLaForest
Demmer
Dempsey
Dill
Dorn
Eastlund
Eken
Erickson
Finstad
Fuller
Gerlach
Greiling
Gunther
Haas
Hackbarth
Harder
Heidgerken
Holberg
Hoppe
Howes
Jacobson
Johnson, J.
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Lieder
Lindgren
Lindner
Lipman
Magnus
Marquart
Meslow
Murphy
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Osterman
Otremba
Ozment
Paulsen
Pelowski
Penas
Peterson
Powell
Ruth
Samuelson
Seagren
Seifert
Severson
Simpson
Smith
Soderstrom
Stang
Strachan
Swenson
Sykora
Urdahl
Vandeveer
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Abrams
Atkins
Bernardy
Biernat
Carlson
Clark
Cox
Davnie
Dorman
Ellison
Entenza
Erhardt
Goodwin
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Larson
Latz
Lenczewski
Lesch
Mahoney
Mariani
McNamara
Mullery
Nelson, M.
Opatz
Otto
Paymar
Pugh
Rhodes
Rukavina
Sertich
Sieben
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Wasiluk
The bill was passed, as amended, and its title agreed to.
S. F. No. 1758 was reported to the House.
Meslow moved to amend S. F. No. 1758 as
follows:
Page 4, after line 30, insert:
"Sec. 4. Minnesota
Statutes 2002, section 257.66, is amended to read:
257.66 [JUDGMENT OR ORDER.]
Subdivision 1.
[DETERMINATIVE.] The judgment or order of the court determining the
existence or nonexistence of the parent and child relationship is determinative
for all purposes.
Subd. 2. [NEW BIRTH
RECORD.] If the judgment or order of the court is at variance with the child's
birth record, the court shall order that a new birth record be issued under
section 257.73.
Subd. 3. [JUDGMENT;
ORDER.] The judgment or order shall contain provisions concerning the duty of
support, the custody of the child, the name of the child, the Social Security
number of the mother, father, and child, if known at the time of adjudication,
parenting time with the child, the furnishing of bond or other security for the
payment of the judgment, or any other matter in the best interest of the child. Custody and parenting time and all
subsequent motions related to them shall proceed and be determined under
section 257.541. The remaining matters
and all subsequent motions related to them shall proceed and be determined in
accordance with chapter 518. The judgment
or order may direct the appropriate party to pay all or a proportion of the
reasonable expenses of the mother's pregnancy and confinement, including the
mother's lost wages due to medical necessity, after consideration of the
relevant facts, including the relative financial means of the parents; the
earning ability of each parent; and any health insurance policies held by
either parent, or by a spouse or parent of the parent, which would provide
benefits for the expenses incurred by the mother during her pregnancy and
confinement. Pregnancy and confinement
expenses and genetic testing costs, submitted by the public authority, are
admissible as evidence without third-party foundation testimony and constitute
prima facie evidence of the amounts incurred for those services or for the
genetic testing. Remedies available for
the collection and enforcement of child support apply to confinement costs and
are considered additional child support.
Subd. 4. [STATUTE OF
LIMITATIONS.] Support judgments or orders ordinarily shall be for periodic
payments which may vary in amount. In the best interest of the child, a lump
sum payment may be ordered in lieu of periodic payments of support. The court shall limit the parent's liability
for past support of the child to the proportion of the expenses that the court
deems just, which were incurred in the two years immediately preceding the
commencement of the action. In
determining the amount of the parent's liability for past support, the court
may deviate downward from the guidelines if:
(1) the child for whom child support is sought is more than
five years old and the obligor discovered or was informed of the existence of
the parent and child relationship within one year of commencement of the action
seeking child support;
(2) the obligor is a custodian for or pays support for other
children; and
(3) the obligor's family income is less than 175 percent of the
federal poverty level.
Subd. 5. [ENTRY OF
JUDGMENT.] Any order for support or maintenance issued under this section shall
provide for a conspicuous notice that, if the obligor fails to make a support
payment, the payment owed becomes a judgment by operation of law on and after
the date the payment is due and the obligee or a public agency responsible for
support enforcement may obtain entry and docketing of the judgment for the
unpaid amounts under the provisions of section 548.091.
Subd. 6. [REQUIRED INFORMATION.] Upon entry of judgment or order, each
parent who is a party in a paternity proceeding shall:
(1) file with the public authority responsible for child
support enforcement the party's Social Security number, residential and mailing
address, telephone number, email address, if available, driver's license
number, and name, address, and telephone number of any employer if the party is
receiving services from the public authority or begins receiving services from
the public authority;
(2) file the information in clause (1) with the district court;
and
(3) notify the court and, if applicable, the public authority
responsible for child support enforcement of any change in the information
required under this section within ten days of the change."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Smith moved to amend S. F. No. 1758, as amended, as follows:
Page 1, after line 6, insert:
"ARTICLE
1
PRESUMPTIVE
PARENTAGE"
Page 4, after line 30, insert:
"ARTICLE
2
MARRIAGE
DISSOLUTION, LEGAL SEPARATION, AND ANNULMENT
Section 1. Minnesota
Statutes 2002, section 357.021, is amended by adding a subdivision to read:
Subd. 8.
[MARITAL DISSOLUTION FEE.] (a) The court administrator shall collect
in each proceeding in the district seeking a dissolution of a marriage or a
legal separation, in the manner in which other fees are collected, a marital
dissolution fee in the amount of $25 from:
(1) the petitioner instituting the marital dissolution or
legal separation, to be collected at the time of the filing of the first paper;
and
(2) the respondent who appears, to be collected at the time
of the filing of the first paper by the respondent or at the time when the
respondent's appearance is entered in the case.
(b) The court administrator shall forward the marital
dissolution fee to the commissioner of finance for deposit in the general fund.
(c) This subdivision sunsets June 30, 2005.
[EFFECTIVE DATE.] This
section is effective July 1, 2004.
Sec. 2.
[517A.29] [SIX-MONTH REVIEW.]
(a) A request for a six-month review hearing form must be
attached to a decree of dissolution or legal separation or an order that
initially establishes child custody, parenting time, or support rights and
obligations of parents. The state court
administrator is requested to prepare the request for review hearing form. The form must include information regarding
the procedures for requesting a hearing, the purpose of the hearing, and any
other information regarding a hearing under this section that the state court
administrator deems necessary.
(b) The six-month review hearing shall be held if any party
submits a written request for a hearing within six months after entry of a
decree of dissolution or legal separation or order that establishes child
custody, parenting time, or support.
(c) Upon receipt of a completed request for hearing form,
the court administrator shall provide notice of the hearing to all other
parties and the public authority.
(d) At the six-month hearing, the court must review:
(1) whether child support is current; and
(2) whether both parties are complying with the parenting
time provisions of the order.
(e) At the six-month hearing, the obligor has the burden to
present evidence to establish that child support payments are current. A party may request that the public
authority provide information to the parties and court regarding child support
payments. A party must request the
information from the public authority at least 14 days before the hearing. The commissioner of human services must
develop a form to be used by the public authority to submit child support
payment information to the parties and court.
(f) Contempt of court and all statutory remedies for child
support and parenting time enforcement may be imposed by the court at the
six-month hearing for noncompliance by either party pursuant to chapters 517C
and 588 and the Minnesota Court Rules.
Sec. 3. [517A.36]
[MAINTENANCE PAYMENT ENFORCEMENT.]
(a) Except as provided in paragraph (b), the enforcement
requirements and procedures in chapter 517C apply to a maintenance obligation,
including a maintenance obligation that is or was combined with a child support
obligation and is part of a support order as defined in section 517A.02, subdivision
14.
(b) The enforcement requirements and procedures in sections
517C.04; 517C.10, subdivisions 1, 2, and 5; 517C.12, subdivision 4; 517C.13;
517C.22; 517C.23; 517C.27; 517C.28; 517C.30; 517C.63; 517C.73; 517C.80; and
517C.84, do not apply to a maintenance obligation whether or not the obligation
is or was combined with a child support obligation.
Sec. 4. Minnesota
Statutes 2002, section 518.002, is amended to read:
518.002 [USE TERM DISSOLUTION MEANING OF DIVORCE.]
Wherever the word "Divorce" is, as
used in the statutes, it has the same meaning as "dissolution"
or "dissolution of marriage."
Sec. 5.
Minnesota Statutes 2002, section 518.003, subdivision 1, is amended to
read:
Subdivision 1. [SCOPE.]
For the purposes of The definitions in this section apply to this
chapter, the following terms have the meanings provided in this section
unless the context clearly requires otherwise.
Sec. 6. Minnesota
Statutes 2002, section 518.005, is amended to read:
518.005 [RULES GOVERNING PROCEEDINGS.]
Subdivision 1.
[APPLICABLE RULES.] Unless otherwise specifically provided, the Rules of
Civil Procedure for the district court apply to all proceedings under this
chapter and chapters 517B and 517C.
Subd. 2. [TITLE.] A
proceeding for dissolution of marriage, legal separation, or annulment shall
must be entitled "In re the Marriage of .......... and ..........
." A custody or support
proceeding shall be entitled "In re the (Custody) (Support) of ..........
."
Subd. 3. [NAMES OF
PLEADINGS.] The initial pleading in all proceedings under sections 518.002
to 518.66 shall this chapter and chapters 517B and 517C must be
denominated a petition. A responsive
pleading shall must be denominated an answer. Other pleadings shall must be
denominated as provided in the Rules of Civil Procedure.
Subd. 4. [DECREE;
JUDGMENT.] In sections 518.002 to 518.66 this chapter and chapters
517B and 517C, "decree" includes "judgment."
Subd. 5. [PROHIBITED
DISCLOSURE.] In all proceedings under this chapter and chapters 517B and
517C, in which public assistance is assigned under section 256.741 or the
public authority provides services to a party or parties to the proceedings,
notwithstanding statutory or other authorization for the public authority to
release private data on the location of a party to the action, information on
the location of one party may not be released by the public authority to the
other party if:
(1) the public authority has knowledge that a protective order
with respect to the other party has been entered; or
(2) the public authority has reason to believe that the release
of the information may result in physical or emotional harm to the other party.
Subd. 6.
[REQUIRED NOTICE.] Every court order or judgment and decree that provides
for child support, spousal maintenance, custody, or parenting time must contain
the notices required by section 517C.99.
Sec. 7. Minnesota
Statutes 2002, section 518.01, is amended to read:
518.01 [VOID MARRIAGES.]
All marriages which are A marriage prohibited by
section 517.03 shall be absolutely is void, without any
decree of dissolution or other legal proceedings; except if a person whose
husband or wife has been absent for four successive years, without being known
to the person to be living during that time, marries during the lifetime of the
absent husband or wife, the subsequent marriage shall be is
void only from the time that its nullity is duly adjudged. If the absentee is declared dead in
accordance with section 576.142, the subsequent marriage shall is
not be void.
Sec. 8.
Minnesota Statutes 2002, section 518.02, is amended to read:
518.02 [VOIDABLE MARRIAGES.]
A marriage shall must be declared a nullity under
the following circumstances if:
(a) (1) a party lacked capacity to consent to the
marriage at the time the marriage was solemnized, either because of: (i) mental incapacity or infirmity and
if the other party at the time the marriage was solemnized did not know
of the incapacity; or because of (ii) the influence of alcohol,
drugs, or other incapacitating substances; or because (iii)
consent of either was party having been obtained by force or
fraud and there was with no subsequent voluntary cohabitation of
the parties;
(b) (2) a party lacks the physical capacity to
consummate the marriage by sexual intercourse and the other party at the time
the marriage was solemnized did not know of the incapacity; or
(c) (3) a party was under the age for marriage
established by section 517.02 except as otherwise provided by section
517A.10.
Sec. 9. Minnesota
Statutes 2002, section 518.03, is amended to read:
518.03 [ACTION TO ANNUL; DECREE.]
An annulment shall must be commenced and,
the complaint shall be filed, and proceedings had as in
proceedings for dissolution. Upon due
proof of the nullity of the marriage, it shall the marriage must
be adjudged null and void.
The provisions of sections 518.54 to 518.66 this
chapter and chapters 517B and 517C relating to property rights of the
spouses, maintenance, support, and custody of children on dissolution of
marriage are applicable to proceedings for annulment.
Sec. 10. Minnesota
Statutes 2002, section 518.04, is amended to read:
518.04 [INSUFFICIENT GROUNDS FOR ANNULMENT.]
No marriage shall may be adjudged a nullity on
the ground that one of the parties was under the age of legal consent if it
appears that the parties had voluntarily cohabited together as husband and wife
after having attained such that age; nor shall. The marriage of any an insane
person must not be adjudged void after restoration of the insane
person to reason, if it appears that the parties freely cohabited together
as husband and wife after such the restoration to reason.
Sec. 11. Minnesota
Statutes 2002, section 518.05, is amended to read:
518.05 [ANNULMENT; WHEN TO BRING.]
An annulment may be sought by any of the following persons and
must be commenced within the times specified, but in no event may an annulment
be sought after the death of either party to the marriage:
(a) For a reason set forth in (1) under section
518.02, clause (a) (1), by either party or by the legal
representative of the party who lacked capacity to consent, no later than 90
days after the petitioner obtained knowledge of the described condition;
(b) For the reason set forth in (2) under
section 518.02, clause (b) (2), by either party no later than one
year after the petitioner obtained knowledge of the described condition;
(c) For the reason set forth in (3) under section
518.02, clause (c) (3), by the underaged party, or
the party's parent or guardian, before the time the underaged party
reaches the age at which the party could have married without satisfying the
omitted requirement.
Sec. 12. Minnesota
Statutes 2002, section 518.055, is amended to read:
518.055 [PUTATIVE SPOUSE.]
Any person who has cohabited with another to whom the person is
not legally married in the good faith belief that the person was married to the
other is a putative spouse until knowledge of the fact that the person is not
legally married terminates the status and prevents acquisition of further
rights. A putative spouse acquires the
rights conferred upon a legal spouse, including the right to maintenance
following termination of the status, whether or not the marriage is prohibited
or declared a nullity. If there is a
legal spouse or other putative spouses, rights acquired by a putative spouse do
not supersede the rights of the legal spouse or those acquired by other putative
spouses, but the court shall must apportion property,
maintenance, and support rights among the claimants as appropriate in the
circumstances and in the interests of justice.
Sec. 13. Minnesota
Statutes 2002, section 518.06, is amended to read:
518.06 [DISSOLUTION OF MARRIAGE; LEGAL SEPARATION; GROUNDS;
UNCONTESTED LEGAL SEPARATION.]
Subdivision 1. [MEANING
AND EFFECT OF DECREES; GROUNDS.] A dissolution of marriage is the
termination of the marital relationship between a husband and wife. A decree of dissolution completely terminates
the marital status of both parties. A
legal separation is a court determination of the rights and responsibilities of
a husband and wife arising out of the marital relationship. A decree of legal separation does not
terminate the marital status of the parties.
A dissolution of a marriage shall must be
granted by a county or district court when if the court finds
that there has been an irretrievable breakdown of the marriage
relationship. A decree of legal
separation shall must be granted when if the court
finds that one or both parties need a legal separation.
Defenses to divorce, dissolution and legal separation,
including, but not limited to, condonation, connivance,
collusion, recrimination, insanity, and lapse of time, are abolished.
Subd. 3. [UNCONTESTED LEGAL
SEPARATION.] If one or both parties petition for a decree of legal separation
and neither party contests the granting of the decree nor petitions for a
decree of dissolution, the court shall must grant a decree of
legal separation.
Sec. 14. Minnesota
Statutes 2002, section 518.07, is amended to read:
518.07 [RESIDENCE OF PARTIES.]
No A dissolution shall must not be
granted unless (1) one of the parties has resided in this state, or has
been a member of the armed services stationed in this state, for not
less than at least 180 days immediately preceding the commencement
of the proceeding; or (2) one of the parties has been a domiciliary of this
state for not less than at least 180 days immediately preceding
commencement of the proceeding.
Sec. 15. Minnesota
Statutes 2002, section 518.09, is amended to read:
518.09 [PROCEEDING; HOW AND WHERE BROUGHT; VENUE.]
A proceeding for dissolution or legal separation may be brought
by either or both spouses and shall be is commenced by personal
service of the summons and petition venued in the county where either spouse
resides. No summons is required if a
joint petition is filed. If neither
party resides in the state and jurisdiction is based on the domicile of either spouse
party, the proceeding may be brought in the county where either party is
domiciled. If neither party resides or
is domiciled in this state and jurisdiction is premised upon one of the parties
being a member of the armed services stationed in this state for not less than
180 days immediately preceding the commencement of the proceeding, the
proceeding may be brought in the county where the member is stationed. This venue shall be is subject
to the court's power of the court to change the place of hearing
by consent of the parties, or when if it appears to the court
that an impartial hearing cannot be had in the county where the proceedings are
pending, or when if the convenience of the parties or the ends of
justice would be promoted by the change.
No summons shall be required if a joint petition is filed.
Sec. 16. Minnesota
Statutes 2002, section 518.091, is amended to read:
518.091 [SUMMONS; TEMPORARY RESTRAINING PROVISIONS.]
(a) Every summons must include the notice in this paragraph.
NOTICE
OF TEMPORARY RESTRAINING AND ALTERNATIVE DISPUTE RESOLUTION PROVISIONS
UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE
FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION, UNLESS THEY ARE
MODIFIED BY THE COURT OR THE PROCEEDING IS DISMISSED:
(1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR THE
NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF INCOME OR PRESERVATION
OF ASSETS, (ii) BY AN AGREEMENT IN WRITING, OR (iii) FOR RETAINING COUNSEL TO
CARRY ON OR TO CONTEST THIS PROCEEDING;
(2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND
(3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE
MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR BENEFICIARY DESIGNATION.
IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT TO
SANCTIONS BY THE COURT.
(4) PARTIES TO A MARRIAGE DISSOLUTION PROCEEDING ARE ENCOURAGED
TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO MINNESOTA LAW. ALTERNATIVE DISPUTE RESOLUTION INCLUDES
MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET FORTH IN THE DISTRICT COURT
RULES. YOU MAY CONTACT THE COURT
ADMINISTRATOR ABOUT RESOURCES IN YOUR AREA.
IN SOME COUNTIES, IF YOU CANNOT PAY FOR MEDIATION OR ALTERNATIVE
DISPUTE RESOLUTION, IN SOME COUNTIES, ASSISTANCE MAY BE AVAILABLE TO YOU
THROUGH A NONPROFIT PROVIDER OR A COURT PROGRAM. IF YOU ARE A VICTIM OF DOMESTIC ABUSE OR THREATS OF ABUSE AS
DEFINED IN MINNESOTA STATUTES, CHAPTER 518B, YOU ARE NOT REQUIRED TO TRY
MEDIATION AND YOU WILL NOT BE PENALIZED BY THE COURT IN LATER PROCEEDINGS.
(b) Upon service of the summons, the restraining provisions
contained in the notice apply by operation of law upon both parties until
modified by further order of the court or dismissal of the proceeding, unless
more than one year has passed since the last document was filed with the court.
Sec. 17. Minnesota
Statutes 2002, section 518.10, is amended to read:
518.10 [REQUISITES OF PETITION.]
The A petition for dissolution of marriage or
legal separation shall must state and allege:
(a) (1) the name, address, and, in circumstances
in which child support or spousal maintenance will be addressed, Social
Security number of the petitioner and any prior or other name used by the
petitioner;
(b) (2) the name and, if known, the address and,
in circumstances in which child support or spousal maintenance will be
addressed, Social Security number of the respondent and any prior or other name
used by the respondent and known to the petitioner;
(c) (3) the place and date of the marriage of the
parties;
(d) (4) in the case of a petition for
dissolution, that either the petitioner or the respondent or both:
(1) (i) has resided in this state for not less
than 180 days immediately preceding the commencement of the proceeding, or;
(2) (ii) has been a member of the armed services
and has been stationed in this state for not less than 180 days immediately
preceding the commencement of the proceeding,; or
(3) (iii) has been a domiciliary of this state
for not less than 180 days immediately preceding the commencement of the
proceeding;
(e) (5) the name at the time of the petition and
any prior or other name, Social Security number, age, and date of birth of each
living minor or dependent child of the parties born before the marriage or born
or adopted during the marriage and a reference to, and the expected date of
birth of, a child of the parties conceived during the marriage but not born;
(f) (6) whether or not a separate proceeding for
dissolution, legal separation, or custody is pending in a court in this state
or elsewhere;
(g) (7) in the case of a petition for
dissolution, that there has been an irretrievable breakdown of the marriage
relationship;
(h) (8) in the case of a petition for legal
separation, that there is a need for a decree of legal separation;
(i) (9) any temporary or permanent maintenance,
child support, child custody, disposition of property, attorneys' fees, costs
and disbursements applied for without setting forth the amounts; and
(j) (10) whether an order for protection under
chapter 518B or a similar law of another state that governs the parties or a
party and a minor child of the parties is in effect and, if so, the district
court or similar jurisdiction in which it was entered.
The petition shall must be verified by the
petitioner or petitioners, and its allegations established by competent
evidence.
Sec. 18. Minnesota
Statutes 2002, section 518.11, is amended to read:
518.11 [SERVICE; ALTERNATE SERVICE; PUBLICATION.]
(a) Unless a proceeding is brought by both parties, copies of
the summons and petition shall must be served on the respondent
personally.
(b) When Service is made out of this state and
within the United States, it may be proved by the affidavit of the
person making the same service.
When Service is made without outside of the
United States it may be proved by the affidavit of the person making the
same service, taken before and certified:
(1) by any United States minister, charge d'affaires,
commissioner, consul or commercial agent, or other consular or diplomatic
officer of the United States appointed to reside in such the
country, including all deputies a deputy or other representatives
representative of such the officer authorized to perform their
the officer's duties; or
(2) before an officer authorized to administer an oath
with the certificate of an officer of a court of record of the country wherein
such in which the affidavit is taken as to the identity and
authority of the officer taking the same affidavit.
(c) If personal service cannot be made, the court may order
service of the summons by alternate means.
The application for alternate service must include the last known
location of the respondent; the petitioner's most recent contacts with the
respondent; the last known location of the respondent's employment; the names
and locations of the respondent's parents, siblings, children, and other close
relatives; the names and locations of other persons who are likely to know the
respondent's whereabouts; and a description of efforts to locate those persons.
The court shall must consider the length of time
the respondent's location has been unknown, the likelihood that the
respondent's location will become known, the nature of the relief sought, and
the nature of efforts made to locate the respondent. The court shall must order service by first class
mail, forwarding address requested, to any addresses where there is a
reasonable possibility that mail or information will be forwarded or
communicated to the respondent or, if no address so qualifies, then to the
respondent's last known address.
If the petitioner seeks disposition of real estate located within
the state of in Minnesota, the court shall must order
that the summons, which shall must contain the legal description
of the real estate, be published in the county where the real estate is
located. The court may also order
publication, within or without the state, but only if it might reasonably
succeed in notifying the respondent of the proceeding. Also, the court may require the petitioner
to make efforts to locate the respondent by telephone calls to appropriate
persons. Service shall be is
deemed complete 21 days after mailing or 21 days after court-ordered
publication.
Sec. 19. Minnesota
Statutes 2002, section 518.12, is amended to read:
518.12 [TIME FOR ANSWERING.]
The respondent shall have has 30 days in which to
answer the petition. In case of service
by publication, the 30 days shall does not begin to run until the
expiration of the period allowed for publication. In the case of a counterpetition for dissolution or legal
separation to a petition for dissolution or legal separation, no answer shall
be is required to the counterpetition and the original petitioner shall
be is deemed to have denied each and every statement, allegation,
and claim in the counterpetition.
Sec. 20. Minnesota Statutes 2002, section 518.13, is amended to read:
518.13 [FAILURE TO ANSWER; FINDINGS; HEARING.]
Subdivision 1.
[DEFAULT.] If the respondent does not appear after service duly made and
proved, the court may hear and determine the proceeding as a default matter.
Subd. 2. [DISPUTE OVER
IRRETRIEVABLE BREAKDOWN.] If one of the parties has denied under oath or
affirmation that the marriage is irretrievably broken, the court shall must
consider all relevant factors, including the circumstances that gave rise to
the commencement of the proceeding and the prospect of reconciliation, and shall
make a finding whether the marriage is irretrievably broken.
A finding of irretrievable breakdown under this subdivision is
a determination that there is no reasonable prospect of reconciliation. The finding must be supported by evidence
that (i) the parties have lived separate and apart for a period of not less than
180 days immediately preceding the commencement of the proceeding, or (ii)
there is serious marital discord adversely affecting the attitude of one or
both of the parties toward the marriage.
Subd. 3. [AGREEMENT
OVER IRRETRIEVABLE BREAKDOWN.] If both parties by petition or otherwise have
stated under oath or affirmation that the marriage is irretrievably broken,
or one of the parties has so stated and the other has not denied it, the court,
after hearing, shall must make a finding that the marriage is
irretrievably broken.
Subd. 4. [REFEREE; OPEN
COURT.] The court or judge, upon application, may refer the proceeding to a
referee to take and report the evidence therein. Hearings for dissolution of marriage shall
must be heard in open court or before a referee appointed by the court
to receive the testimony of the witnesses, or depositions taken as in
other equitable actions. However, the
court may in its discretion close the hearing.
Subd. 5. [APPROVAL
WITHOUT HEARING.] Proposed findings of fact, conclusions of law, order for
judgment, and judgment and decree must be submitted to the court for approval
and filing without a final hearing in the following situations:
(1) if there are no minor children of the marriage, and (i) the
parties have entered into a written stipulation, or (ii) the respondent has not
appeared after service duly made and proved by affidavit and at least 20 days
have elapsed since the time for answering under section 518.12 expired; or
(2) if there are minor children of the marriage, the parties
have signed and acknowledged a stipulation, and all parties are represented by
counsel.
Notwithstanding clause (1) or (2), the court shall must
schedule the matter for hearing in any case where if the proposed
judgment and decree does not appear to be in the best interests of the minor
children or is contrary to the interests of justice.
Sec. 21. Minnesota
Statutes 2002, section 518.131, is amended to read:
518.131 [TEMPORARY ORDERS AND RESTRAINING ORDERS.]
Subdivision 1.
[PERMISSIBLE ORDERS.] In a proceeding brought for custody, dissolution,
or legal separation, or for disposition of property, or
maintenance, or child support following the dissolution of a marriage,
either party may, by motion, request from the court and the court may grant a
temporary order pending the final disposition of the proceeding to or for:
(a) (1) temporary custody
and parenting time regarding the minor children of the parties;
(b) (2) temporary maintenance of either spouse;
(c) Temporary child support for the children of the parties;
(d) (3) temporary costs and reasonable attorney
fees;
(e) Award the (4) temporary use and possession,
exclusive or otherwise, of the family home, furniture, household goods,
automobiles, and other property of the parties;
(f) (5) restrain one or both parties from
transferring, encumbering, concealing, or disposing of property except in the
usual course of business or for the necessities of life, and to account to the
court for all such transfers, encumbrances, dispositions, and expenditures made
after the order is served or communicated to the party restrained in open
court;
(g) (6) restrain one or both parties from
harassing, vilifying, mistreating, molesting, disturbing the peace, or restraining
the liberty of the other party or the children of the parties;
(h) (7) restrain one or both parties from
removing any minor child of the parties from the jurisdiction of the court;
(i) (8) exclude a party from the family home of
the parties or from the home of the other party; and
(j) (9) require one or both of the parties to
perform or to not perform such additional acts as that
will facilitate the just and speedy disposition of the proceeding, or will
protect the parties or their children from physical or emotional harm.
Subd. 2. [IMPERMISSIBLE
ORDERS.] No A temporary order shall must not:
(a) (1) deny parenting time to a parent unless
the court finds that the parenting time is likely to cause physical or
emotional harm to the child;
(b) (2) exclude a party from the family home of
the parties unless the court finds that physical or emotional harm to one of
the parties or to the children of the parties is likely to result, or that the
exclusion is reasonable in the circumstances; or
(c) (3) vacate or modify an order granted under
section 518B.01, subdivision 6, paragraph (a), clause (1), restraining an
abusing party from committing acts of domestic abuse, except that the court may
hear a motion for modification of an order for protection concurrently with a
proceeding for dissolution of marriage upon notice of motion and motion. The notice required by court rule shall
must not be waived. If the
proceedings are consolidated and the motion to modify is granted, a separate
order for modification of an order for protection shall must be
issued.
Subd. 3. [EX PARTE
RESTRAINING ORDER; LIMITATIONS.] A party may request and the court may make an
ex parte restraining order which may include that includes any
matter that may be included in a temporary order except it may not:
(a) A restraining order may not (1) exclude
either party from the family home of the parties except upon a finding by the
court of immediate danger of physical harm to the other party or the children
of either party; and or
(b) A restraining order may not (2) deny
parenting time to either party or grant custody of the minor children to either
party except upon a finding by the court of immediate danger of physical harm
to the minor children of the parties.
Subd. 4. [HEARING ON RESTRAINING ORDER; DURATION.] A restraining orders
shall order must be personally served upon the party to be
restrained and shall be accompanied along with a notice of the
time and place of a hearing for a temporary order for disposition
of the matters contained in the restraining order at a hearing for a
temporary order. When If
a restraining order has been issued, a hearing on the temporary order shall
must be held at the earliest practicable date. The restrained party may upon written notice to the other party
advance the hearing date to a time earlier than that noticed by the other
party. The restraining order shall
continue continues in full force and effect only until the hearing
time noticed, unless the court, for good cause and upon notice, extends
the time for hearing.
Subd. 5. [DURATION OF
TEMPORARY ORDER.] A temporary order shall continue continues in
full force and effect until the earlier of its amendment or vacation, dismissal
of the main action, or entry of a final decree of dissolution or legal
separation.
Subd. 6. [EFFECT OF
DISMISSAL OF MAIN ACTION.] If a proceeding for dissolution or legal separation
is dismissed, a temporary custody order is vacated unless one of the parties or
the child's custodian moves that the proceeding continue as a custody
proceeding and the court finds, after a hearing, that the circumstances of the
parties and the best interests of the child require that a custody order be
issued.
Subd. 7. [GUIDING
FACTORS.] The court shall must be guided by the factors set forth
in sections 518.551 (concerning child support), 518.552 (concerning
maintenance), 518.17 to 518.175 517B.17, 517B.18, and 517B.25
(concerning custody and parenting time), and 518.14 (concerning costs and
attorney fees) in making temporary orders and restraining orders.
Subd. 8. [BASIS FOR
ORDER.] Temporary orders shall must be made solely on the basis
of affidavits and argument of counsel except upon demand by either party in a
motion or responsive motion made within the time limit for making and filing a
responsive motion that the matter be heard on oral testimony before the court,
or if the court in its discretion orders the taking of oral testimony.
Subd. 9. [PREJUDICIAL
EFFECT, REVOCATION; MODIFICATION.] A temporary order or restraining order:
(a) Shall (1) must not prejudice the rights of
the parties or the child which are to be adjudicated at subsequent hearings in
the proceeding; and
(b) (2) may be revoked or modified by the court
before the final disposition of the proceeding upon the same grounds and
subject to the same requirements as the initial granting of the order.
Subd. 10.
[MISDEMEANOR.] In addition to being punishable by contempt, a violation
of a provision of a temporary order or restraining order granting the relief
authorized in subdivision 1, clause (g) (6), (h) (7),
or (i) (8), is a misdemeanor.
Subd. 11. [TEMPORARY SUPPORT
AND MAINTENANCE.] Temporary support and maintenance may be ordered
during the time a parenting plan is being developed under section 518.1705.
Sec. 22. Minnesota
Statutes 2002, section 518.14, subdivision 1, is amended to read:
Subdivision 1.
[GENERAL.] (a) Except as provided in subdivision 2, in a
proceeding under this chapter or chapter 517B or 517C, the court shall
must award attorney fees, costs, and disbursements in an amount
necessary to enable a party to carry on or contest the proceeding, provided
if it finds that:
(1) that the fees are necessary
for the good-faith assertion of the party's rights in the proceeding and will
not contribute unnecessarily to the length and expense of the proceeding;
(2) that the party from whom fees, costs, and
disbursements are sought has the means to pay them; and
(3) that the party to whom fees, costs, and disbursements
are awarded does not have the means to pay them.
(b) Nothing in this section precludes the court from
awarding, in its discretion, additional fees, costs, and disbursements against
a party who unreasonably contributes to the length or expense of the
proceeding. Fees, costs, and
disbursements provided for in this section may be awarded at any point in the
proceeding, including a modification proceeding under sections 518.18 and
518.64. The court may adjudge costs and
disbursements against either party. The
court may authorize the collection of money awarded by execution, or out
of property sequestered, or in any other manner within the power of the
court. An award of attorney's fees made
by the court during the pendency of the proceeding or in the final judgment
survives the proceeding and if not paid by the party directed to pay the
same them may be enforced as above provided in the manner
provided in this paragraph or by a separate civil action brought in the
attorney's own name. If the proceeding
is dismissed or abandoned prior to determination and award of attorney's fees,
the court may nevertheless award attorney's fees upon the attorney's
motion. The award shall also survive
survives the proceeding and may be enforced in the same manner as
last above provided in this paragraph.
Sec. 23. Minnesota
Statutes 2002, section 518.148, is amended to read:
518.148 [CERTIFICATION OF DISSOLUTION.]
Subdivision 1.
[CERTIFICATE OF DISSOLUTION.] An attorney or pro se party may prepare
and submit to the court a separate certificate of dissolution to be attached to
the judgment and decree at the time of granting the dissolution of
marriage. Upon approval by the court
and filing of the certificate of dissolution with the court administrator, the
court administrator shall must provide to any party upon request
certified copies of the certificate of dissolution.
Subd. 2. [REQUIRED
INFORMATION.] The certificate shall must include the following
information:
(1) the full caption and file number of the case and the title
"Certificate of Dissolution";
(2) the names and any prior or other names of the parties to
the dissolution;
(3) the names of any living minor or dependent children as
identified in the judgment and decree;
(4) that the marriage of the parties is dissolved;
(5) the date of the judgment and decree; and
(6) the Social Security number of the parties to the
dissolution and the social security number of any living minor or dependent
children identified in the judgment and decree.
Subd. 3.
[CERTIFICATION.] The certificate of dissolution shall be is
conclusive evidence of the facts recited in the certificate.
Sec. 24. Minnesota Statutes 2002, section 518.191, subdivision 1, is
amended to read:
Subdivision 1.
[ABBREVIATED JUDGMENT AND DECREE.] If real estate is described in a
judgment and decree of dissolution, the court may direct either of the parties
or their legal counsel to prepare and submit to the court a proposed summary
real estate disposition judgment. Upon
approval by the court and filing of the summary real estate disposition
judgment with the court administrator, the court administrator shall must
provide to any party upon request certified copies of the summary real estate
disposition judgment.
Sec. 25. Minnesota
Statutes 2002, section 518.195, subdivision 2, is amended to read:
Subd. 2. [PROCEDURE.] A
couple qualifying under all of the criteria in subdivision 1, may obtain a
judgment and decree by:
(1) filing a sworn joint declaration, on which both of their
signatures must be notarized, containing or appending the following
information:
(i) the demographic data required in section 518.10;
(ii) verifying the qualifications set forth in subdivision 1;
(iii) listing each party's nonmarital property;
(iv) setting forth how the marital assets and debts will be
apportioned;
(v) verifying both parties' income and preserving their rights
to spousal maintenance; and
(vi) certifying that there has been no domestic abuse of one
party by the other; and
(2) viewing any introductory and summary process educational
videotapes, if then available from the court, and certifying that they watched
any such tapes within the 30 days preceding the filing of the joint
declaration.
The district court administrator shall must enter
a decree of dissolution 30 days after the filing of the joint declaration if
the parties meet the statutory qualifications and have complied with the
procedural requirements of this subdivision.
Sec. 26. Minnesota Statutes
2002, section 518.195, subdivision 3, is amended to read:
Subd. 3. [FORMS.] The
state court administrator shall must develop simplified forms and
instructions for the summary process.
District court administrators shall must make the forms
for the summary process available upon request and shall must
accept joint declarations for filing on and after July 1, 1997.
Sec. 27. Minnesota
Statutes 2002, section 518.24, is amended to read:
518.24 [SECURITY; SEQUESTRATION; CONTEMPT.]
In all cases when If maintenance or support
payments are ordered, the court may require sufficient security to be given for
the payment of them according to the terms of the order. Upon neglect or refusal to give security,
or upon failure to pay the maintenance or support, the court may
sequester the obligor's personal estate and the rents and profits of real
estate of the obligor, and appoint a receiver of them. The court may cause the personal estate and
the rents and profits of the real estate to be applied according to the terms
of the order. The obligor is presumed
to have an income from a source sufficient to pay the maintenance or support
order. A child support or
maintenance order constitutes prima facie evidence that the obligor has the
ability to pay the award. If the
obligor disobeys the order, it is prima facie evidence of contempt. The court may cite the obligor for contempt
under this section, section 518.617, or chapter 588.
Sec. 28. Minnesota
Statutes 2002, section 518.25, is amended to read:
518.25 [REMARRIAGE; REVOCATION.]
When a dissolution has been granted, and the parties
afterward intermarry If two people remarry each other after dissolution
of their prior marriage, the court, upon their joint application,
and upon satisfactory proof of such the marriage, may
revoke all decrees and orders of dissolution, maintenance, and subsistence which
will that do not affect the rights of third persons.
Sec. 29. Minnesota
Statutes 2002, section 518.27, is amended to read:
518.27 [NAME OF PARTY.]
Except as provided in section 259.13, in the final decree of
dissolution or legal separation the court shall must, if
requested by a party, change the name of that party to another name as the
party requests. The court shall must
grant a request unless it finds that there is an intent to defraud or mislead,
unless the name change is subject to section 259.13, in which case the
requirements of that section apply. The
court shall must notify the parties that use of a different
surname after dissolution or legal separation without complying with section
259.13, if applicable, is a gross misdemeanor.
The party's new name shall must be so designated in the
final decree.
Sec. 30. Minnesota
Statutes 2002, section 518.54, subdivision 1, is amended to read:
Subdivision 1. [TERMS
SCOPE.] For the purposes of sections 518.54 to 518.66, the terms
defined The definitions in this section shall have the meanings
respectively ascribed to them apply to sections 517A.31 to 517A.41.
Sec. 31. Minnesota
Statutes 2002, section 518.54, subdivision 5, is amended to read:
Subd. 5. [MARITAL
PROPERTY; EXCEPTIONS.] "Marital property" means property, real
or personal property, including vested public or private pension plan
benefits or rights, acquired by one or both of the parties, or either
of them, to a dissolution, legal separation, or annulment proceeding at any
time during the existence of the marriage relation between them, or at any time
during which the parties were living together as husband and wife under a
purported marriage relationship which is annulled in an annulment proceeding,
but prior to the date of valuation under section 518.58, subdivision 1. All property acquired by either spouse
subsequent to the marriage and before the valuation date is presumed to be
marital property regardless of whether title is held individually or by the
spouses in a form of coownership such as joint tenancy, tenancy in common,
tenancy by the entirety, or community property. Each spouse shall be is deemed to have a common
ownership in marital property that vests not later than the time of the entry
of the decree in a proceeding for dissolution or annulment. The extent of the vested interest shall
must be determined and made final by the court pursuant to section 518.58. If a title interest in real property is held
individually by only one spouse, the interest in the real property of the
nontitled spouse is not subject to claims of creditors or judgment or tax liens
until the time of entry of the decree awarding an interest to the nontitled
spouse. The presumption of marital
property is overcome by a showing that the property is nonmarital property.
"Nonmarital property" means property real or
personal, acquired by either spouse before, during, or after the existence of
their marriage, which:
(a) (1) is acquired as a gift, bequest, devise,
or inheritance made by a third party to one but not to the other spouse;
(b) (2) is acquired before the marriage;
(c) (3) is acquired in exchange for or is the
increase in value of property which is described in clauses (a), (b), (d),
and (e) clause (1), (2), (4), or (5);
(d) (4) is acquired by a spouse after the
valuation date; or
(e) (5) is excluded by a valid antenuptial
contract.
Sec. 32. Minnesota
Statutes 2002, section 518.54, subdivision 6, is amended to read:
Subd. 6. [INCOME.]
"Income" means any form of periodic payment to an individual
including, but not limited to, wages, salaries, payments to an independent
contractor, workers' compensation, unemployment benefits, and annuity,
military and or naval retirement, pension and or
disability payments. "Income"
does not include benefits received under Title IV-A of the Social Security
Act and or chapter 256J are not income under this section.
Sec. 33. Minnesota
Statutes 2002, section 518.54, subdivision 7, is amended to read:
Subd. 7. [OBLIGEE.]
"Obligee" means a person to whom payments for maintenance or
support are owed.
Sec. 34. Minnesota
Statutes 2002, section 518.54, subdivision 8, is amended to read:
Subd. 8. [OBLIGOR.]
"Obligor" means a person obligated to pay maintenance or support. A person who is designated as the sole
physical custodian of a child is presumed not to be an obligor for purposes of
calculating current support under section 518.551 unless the court makes
specific written findings to overcome this presumption.
Sec. 35. Minnesota
Statutes 2002, section 518.55, is amended to read:
518.55 [MAINTENANCE OR SUPPORT MONEY.]
Subdivision 1.
[CONTENTS OF ORDER.] Every award of maintenance or support money in a
judgment of dissolution or legal separation shall must clearly
designate whether the same it is maintenance or support money, or
what part of the award is maintenance and what part is support money. An award of payments from future income or
earnings of the parent with whom the child resides is presumed to be
maintenance and an award of payments from the future income or earnings of the
parent with whom the child does not reside is presumed to be support money, unless
otherwise designated by the court. In a
judgment of dissolution or legal separation the court may determine, as one of
the issues of the case, whether or not either spouse is entitled to an award of
maintenance notwithstanding that no award is then made, or it may reserve
jurisdiction of the issue of maintenance for determination at a later date.
Subd. 3. [NOTICE OF
ADDRESS OR RESIDENCE CHANGE.] Every obligor shall must notify the
obligee and the public authority responsible for collection, if applicable, of
a change of address or residence within 60 days of the address or residence
change. Every order for support or
maintenance must contain a conspicuous notice complying with section 518.68,
subdivision 2 517C.99. The
court may waive or modify the requirements of this subdivision by order if
necessary to protect the obligor from contact by the obligee.
Subd. 4. [DETERMINATION
OF CONTROLLING ORDER.] The public authority or a party may request the district
court to determine a controlling order in situations in which more than one
order involving the same obligor and child exists.
Sec. 36. Minnesota
Statutes 2002, section 518.552, is amended to read:
518.552 [MAINTENANCE.]
Subdivision 1.
[JURISDICTION; GROUNDS.] In a proceeding for dissolution of marriage or
legal separation, or in a proceeding for maintenance following dissolution of
the marriage by a court which lacked personal jurisdiction over the absent
spouse and which has since acquired jurisdiction, the court may grant a maintenance
order for either spouse if it finds that the spouse seeking maintenance:
(a) (1) lacks sufficient property, including
marital property apportioned to the spouse, to provide for reasonable needs of
the spouse considering the standard of living established during the marriage,
especially, but not limited to, a period of training or education,;
or
(b) (2) is unable to provide adequate
self-support, after considering the standard of living established during the
marriage and all relevant circumstances, through appropriate employment,;
or is the custodian of
(3) if a child whose resides with the spouse
and the child's condition or circumstances make it appropriate that the custodian
spouse not be required to seek employment outside the home.
Subd. 2. [AMOUNT;
DURATION.] The maintenance order shall must be in amounts and for
periods of time, either temporary or permanent, as that
the court deems just, without regard to marital misconduct, and after
considering all relevant factors including:
(a) (1) the financial resources of the party
seeking maintenance, including marital property apportioned to the party, and
the party's ability to meet needs independently, including the extent to which
a provision for support of a child living with the party includes a sum for
that party as custodian caretaker;
(b) (2) the time necessary to acquire sufficient
education or training to enable the party seeking maintenance to find
appropriate employment, and the probability, given the party's age and skills,
of completing education or training and becoming fully or partially
self-supporting;
(c) (3) the standard of living established during
the marriage;
(d) (4) the duration of the marriage and, in the
case of a homemaker, the length of absence from employment and the extent to
which any education, skills, or experience have become outmoded and earning
capacity has become permanently diminished;
(e) (5) the loss of earnings, seniority,
retirement benefits, and other employment opportunities forgone by the spouse
seeking spousal maintenance;
(f) (6) the age, and the physical and
emotional condition of the spouse seeking maintenance;
(g) (7) the ability of the spouse from whom
maintenance is sought to meet needs while meeting those of the spouse seeking
maintenance; and
(h) (8) the contribution of each party in the
acquisition, preservation, depreciation, or appreciation in the amount or value
of the marital property, as well as the contribution of a spouse as a homemaker
or in furtherance of the other party's employment or business.
Subd. 3. [PERMANENCY
OF AWARD.] Nothing in This section shall must not be
construed to favor a temporary award of maintenance over a permanent award,
where if the factors under subdivision 2 justify a permanent award.
Where If there is some uncertainty as to the
necessity of a permanent award, the court shall must order a
permanent award leaving its order open for later modification.
Subd. 4. [REOPENING
MAINTENANCE AWARDS.] Section 518.145, subdivision 2, applies to maintenance
awards of spousal maintenance.
Subd. 5. [PRIVATE
AGREEMENTS.] The parties may expressly preclude or limit modification of
maintenance through a stipulation, if the court makes specific findings
that the stipulation is fair and, equitable, is and
supported by consideration described in the findings, and that full
disclosure of each party's financial circumstances has occurred. The stipulation must be made a part of the
judgment and decree.
Sec. 37. Minnesota
Statutes 2002, section 518.58, is amended to read:
518.58 [DIVISION OF MARITAL PROPERTY.]
Subdivision 1.
[GENERAL.] Upon a dissolution of a marriage, an annulment, or in a
proceeding for disposition of property following a dissolution of marriage by a
court which lacked personal jurisdiction over the absent spouse or lacked
jurisdiction to dispose of the property and which has since acquired
jurisdiction, the court shall must make a just and equitable
division of the marital property of the parties without regard to marital
misconduct, after making findings regarding the division of the property. The court shall must base its
findings on all relevant factors including the length of the marriage, any
prior marriage of a party, the age, health, station, occupation, amount and
sources of income, vocational skills, employability, estate, liabilities,
needs, opportunity for future acquisition of capital assets, and income of each
party. The court shall must
also consider the contribution of each in the acquisition, preservation,
depreciation, or appreciation in the amount or value of the marital
property, as well as the contribution of a spouse as a homemaker. It shall be is conclusively
presumed that each spouse made a substantial contribution to the acquisition of
income and property while they were living together as husband and wife. The court may also award to either spouse
the household goods and furniture of the parties, whether or not acquired
during the marriage. The court shall
must value marital assets for purposes of division between the parties
as of the day of the initially scheduled prehearing settlement conference,
unless a different date is agreed upon by the parties, or unless
the court makes specific findings that another date of valuation is fair and
equitable. If there is a substantial
change in value of an asset between the date of valuation and the final
distribution, the court may adjust the valuation of that asset as necessary to
effect an equitable distribution.
Subd. 1a. [TRANSFER,
ENCUMBRANCE, CONCEALMENT, OR DISPOSITION OF MARITAL ASSETS.] In
contemplation of commencing or during the pendency of a marriage
dissolution, separation, or annulment proceeding, party, and that the transfer,
encumbrance, concealment, or disposal was not in the usual course of business
or for the necessities of life. In
compensating a party under this section, the court, in dividing the marital
property, may impute the entire value of an asset and a fair return on the
asset to the party who transferred, encumbered, concealed, or disposed of
it. Use of a power of attorneyor in contemplation of
commencing a marriage dissolution, separation, or annulment proceeding,
each party owes a fiduciary duty to the other for any profit or loss derived by
the party, without the consent of the other, from a transaction or from any use
by the party of the marital assets. If
the court finds that a party to a marriage, without consent of the other party,
has in contemplation of commencing, or during the pendency of,
the current dissolution, separation, or annulment proceeding, transferred,
encumbered, concealed, or disposed of marital assets except in the usual course
of business or for the necessities of life, the court shall must
compensate the other party by placing both parties in the same position that
they would have been in had the transfer, encumbrance, concealment, or disposal
not occurred. The burden of proof under
this subdivision is on the party claiming that the other party transferred,
encumbered, concealed, or disposed of marital assets in contemplation of
commencing or during the pendency of the current dissolution, separation, or
annulment proceeding, without consent of the claiming ,
or the absence of a restraining order against the transfer, encumbrance,
concealment, or disposal of marital property is not available as a defense
under this subdivision.
Subd. 2. [AWARD OF
NONMARITAL PROPERTY.] If the court finds that either spouse's resources or
property, including the spouse's portion of the marital property as defined in
section 518.54, subdivision 5, are so inadequate as to work an unfair hardship,
considering all relevant circumstances, the court may, in addition to the
marital property, apportion up to one-half of the property otherwise excluded
under section 518.54, subdivision 5, clauses (a) (1) to (d)
(4), to prevent the unfair hardship.
If the court apportions property other than marital property, it shall
must make findings in support of the apportionment. The findings shall must be
based on all relevant factors including the length of the marriage, any prior
marriage of a party, the age, health, station, occupation, amount and sources
of income, vocational skills, employability, estate, liabilities, needs, and
opportunity for future acquisition of capital assets and income of each party.
Subd. 3. [SALE OR
DISTRIBUTION WHILE PROCEEDING PENDING.] (a) If the court finds that it is
necessary to preserve the marital assets of the parties, the court may order
the sale of the homestead of the parties or the sale of other marital assets,
as the individual circumstances may require, during the pendency of a
proceeding for a dissolution of marriage or an annulment. If the court orders a sale, it may further
provide for the disposition of the funds received from the sale during the
pendency of the proceeding. If liquid or readily liquidated marital property
other than property representing vested pension benefits or rights is
available, the court, so far as possible, shall must divide the
property representing vested pension benefits or rights by the disposition of
an equivalent amount of the liquid or readily liquidated property.
(b) The court may order a partial distribution of marital
assets during the pendency of a proceeding for a dissolution of marriage or an
annulment for good cause shown or upon the request of both parties, provided
that as long as the court shall fully protect protects
the interests of the other party.
Subd. 4. [PENSION
PLANS.] (a) The division of marital property that represents pension plan
benefits or rights in the form of future pension plan payments:
(1) is payable only to the extent of the amount of the pension
plan benefit payable under the terms of the plan;
(2) is not payable for a period that exceeds the time that
pension plan benefits are payable to the pension plan benefit recipient;
(3) is not payable in a lump sum amount from pension plan
assets attributable in any fashion to a spouse with the status of an active
member, deferred retiree, or benefit recipient of a pension plan;
(4) if the former spouse to whom the payments are to be made
dies prior to the end of the specified payment period with the right to any
remaining payments accruing to an estate or to more than one survivor, is
payable only to a trustee on behalf of the estate or the group of survivors for
subsequent apportionment by the trustee; and
(5) in the case of public pension plan benefits or rights, may
not commence until the public plan member submits a valid application for a
public pension plan benefit and the benefit becomes payable.
(b) The An individual retirement account plans
plan established under chapter 354B may provide in its plan document, if
published and made generally available, for an alternative marital property
division or distribution of individual retirement account plan assets. If an alternative division or distribution
procedure is provided, it applies in place of paragraph (a), clause (5).
Sec. 38. Minnesota Statutes 2002, section 518.581, is amended to read:
518.581 [SURVIVING SPOUSE BENEFIT.]
Subdivision 1. [AWARD
OF BENEFIT.] If a current or former employee's marriage is dissolved, the court
may order the employee, the employee's pension plan, or both, to pay amounts as
part of the division of pension rights that the court may make under section
518.58, or as an award of maintenance in the form of a percentage of periodic
or other payments or in the form of a fixed dollar amount. The court may, as part of the order, award a
former spouse all or part of a survivor benefit unless the plan does not allow
by law the payment of a surviving spouse benefit to a former spouse.
Subd. 2. [PAYMENT OF
FUNDS BY RETIREMENT PLAN.] (a) If the court has ordered that a spouse has an
interest in a pension plan, the court may order the pension plan to withhold
payment of a refund upon termination of employment or lump sum distribution to
the extent of the spouse's interest in the plan, or to provide survivor
benefits ordered by the court.
(b) The court may not order the pension plan to:
(1) pay more than the equivalent of one surviving spouse
benefit, regardless of the number of spouses or former spouses who may be
sharing in a portion of the total benefit;
(2) pay surviving spouse benefits under circumstances where the
plan member does not have a right to elect surviving spouse benefits;
(3) pay surviving spouse benefits to a former spouse if the
former spouse would not be eligible for benefits under the terms of the plan;
or
(4) order pay survivor benefits which, when
combined with the annuity or benefit payable to the pension plan member, exceed
the actuarial equivalent value of the normal retirement annuity form,
determined under the plan documents of the pension plan then in effect and the
actuarial assumptions then in effect for calculating optional annuity forms by
the pension plan or for calculating the funding requirements of the pension
plan if no optional annuity forms are provided by the pension plan.
(c) If more than one spouse or former spouse is entitled to a
surviving spouse benefit, the pension plan shall must pay each
spouse a portion of the benefit based on the ratio of the number of years the
spouse was married to the plan member to the total number of years the plan
member was married to spouses who are entitled to the benefit.
Subd. 3. [NOTICE TO
FORMER SPOUSE.] A pension plan shall must notify a former spouse
of an application by the employee for a refund of pension benefits if the
former spouse has filed with the pension plan:
(1) a copy of the court order, including a withholding order,
determining the former spouse's rights;
(2) the name and last known address of the employee; and
(3) the name and address of the former spouse.
A pension plan shall must comply with an order,
including a withholding order, issued by a court having jurisdiction over
dissolution of marriage that is served on the pension plan, if the order states
the name, last known address of the payees, and name and address of the former
spouse, or if the names and addresses are provided to the pension plan
with service of the order.
Subd. 4. [DEFINITIONS.] For purposes of The definitions in this
subdivision apply to this section, the following terms have the meanings
given in this subdivision.
(a) "Current or former employee" or
"employee" means an individual who has an interest in a pension plan.
(b) "Surviving spouse benefit" means (1) a benefit a
surviving spouse may be eligible for under the laws and bylaws of the pension
plan if the employee dies before retirement, or (2) a benefit selected for or
available to a surviving spouse under the laws and bylaws of the pension plan
upon the death of the employee after retirement.
Sec. 39. Minnesota
Statutes 2002, section 518.582, is amended to read:
518.582 [PROCEDURE FOR VALUING PENSION BENEFITS OR RIGHTS.]
Subdivision 1.
[APPOINTMENT OF ACTUARY.] Each A court of this state that
has with jurisdiction to decide marriage dissolution matters may
appoint a qualified person experienced in the valuation of pension benefits and
rights to function as an expert witness in valuing pension benefits or rights.
Subd. 2. [STANDARDS.] (a)
A court appointed actuary shall must determine the present value
of pension benefits or rights that are marital property of the parties to the
action:
(1) based on the applicable plan documents of the
pension plan and the applicable actuarial assumptions specified for use in
calculating optional annuity forms by the pension plan or for funding the
pension plan, if reasonable,; or
(2) as specified by the court.
(b) The court appointed actuary shall must
report to the court and to the parties the present value of the pension
benefits or rights that are marital property.
Subd. 3.
[COMPENSATION.] The court appointed actuary may be compensated at a rate
established by the court. The
compensation of the court appointed actuary shall must be
allocated between the parties as the court directs.
Subd. 4. [STIPULATION.]
In lieu of valuing pension benefits or rights through use of the court
appointed actuary, the parties may stipulate the present value of pension
benefits or rights that are marital property.
Sec. 40. Minnesota
Statutes 2002, section 518.62, is amended to read:
518.62 [TEMPORARY ORDER; MAINTENANCE; HOMESTEAD.]
Temporary maintenance and temporary support may be
awarded as provided in section 518.131.
The court may also award to either party to the proceeding, having due
regard to all the circumstances and the party awarded the custody of the
children, the right to the exclusive use of the household goods and furniture
of the parties pending the proceeding and the right to the use of the homestead
of the parties, exclusive or otherwise, pending the proceeding. The court may order either party to remove
from the homestead of the parties upon proper application to the court for an
order pending the proceeding.
Sec. 41. Minnesota
Statutes 2002, section 518.64, subdivision 1, is amended to read:
Subdivision 1.
[AUTHORITY.] (a) After an order for temporary or permanent
maintenance responsible
for support enforcement may move for modification. A copy of or support money, temporary or permanent, or for the
appointment of trustees to receive property awarded as maintenance or
support money, the court may from time to time, on motion of either of the
parties, either party or the public authority which is a motion by a
party must be served on the public authority responsible for child
support enforcement if payments are made through it, or on motion of the
public authority responsible for support enforcement,.
(b) The court may:
(1) modify the order respecting the amount of
maintenance or support money, and the its payment of it,
and also respecting the or appropriation and payment of the
principal and income of property held in trust,; and may
(2) make an order respecting these matters which it
might have made in the original proceeding, except as herein otherwise
provided subject to subdivisions 2 and 3.
(c) A party or the public authority also may bring a
motion for contempt of court if the obligor is in arrears in support or
maintenance payments.
Sec. 42. Minnesota
Statutes 2002, section 518.64, subdivision 2, is amended to read:
Subd. 2.
[MODIFICATION.] (a) The terms of an order respecting maintenance or
support may be modified upon a showing of one or more of the
following: (1) substantially increased
or decreased earnings of a party; (2) substantially increased or decreased need
of a party or the child or children that are the subject of these
proceedings; (3) receipt of assistance under the AFDC program formerly
codified under sections 256.72 to 256.87 or 256B.01 to 256B.40, or chapter 256J
or 256K; (4) a change in the cost of living for either party as measured by the
Federal Bureau of Statistics, any of which makes the terms unreasonable and
unfair; (5) extraordinary medical expenses of the child not provided for under
section 518.171; or (6) the addition of work-related or education-related child
care expenses of the obligee or a substantial increase or decrease in existing
work-related or education-related child care expenses.
On a motion to modify support, the needs of any child the
obligor has after the entry of the support order that is the subject of a
modification motion shall be considered as provided by section 518.551,
subdivision 5f.
(b) It is presumed that there has been a substantial change
in circumstances under paragraph (a) and the terms of a current support order
shall be rebuttably presumed to be unreasonable and unfair if:
(1) the application of the child support guidelines in
section 518.551, subdivision 5, to the current circumstances of the parties
results in a calculated court order that is at least 20 percent and at least
$50 per month higher or lower than the current support order;
(2) the medical support provisions of the order established
under section 518.171 are not enforceable by the public authority or the
obligee;
(3) health coverage ordered under section 518.171 is not
available to the child for whom the order is established by the parent ordered
to provide; or
(4) the existing support obligation is in the form of a
statement of percentage and not a specific dollar amount.
(c) (b) On a motion for modification of
maintenance, including a motion for the extension of the duration of a
maintenance award, the court shall must apply, in addition to all
other relevant factors, the factors for an award of maintenance under section
518.552 that exist at the time of the motion.
On a motion for modification of support, the court:
(1) shall apply section 518.551,
subdivision 5, and shall not consider the financial circumstances of each
party's spouse, if any; and
(2) shall not consider compensation received by a party for
employment in excess of a 40-hour work week, provided that the party
demonstrates, and the court finds, that:
(i) the excess employment began after entry of the existing
support order;
(ii) the excess employment is voluntary and not a condition
of employment;
(iii) the excess employment is in the nature of additional,
part-time employment, or overtime employment compensable by the hour or
fractions of an hour;
(iv) the party's compensation structure has not been changed
for the purpose of affecting a support or maintenance obligation;
(v) in the case of an obligor, current child support
payments are at least equal to the guidelines amount based on income not
excluded under this clause; and
(vi) in the case of an obligor who is in arrears in child
support payments to the obligee, any net income from excess employment must be
used to pay the arrearages until the arrearages are paid in full.
(d) (c) A modification of support or
maintenance, including interest that accrued pursuant to section 548.091, may
be made retroactive only with respect to any period during which the
petitioning party has pending a motion for modification but only from the date
of service of notice of the motion on the responding party and on the public
authority if public assistance is being furnished or the county attorney is the
attorney of record. However,
modification may be applied to an earlier period if the court makes express
findings that:
(1) the party seeking modification was precluded from serving a
motion by reason of a significant physical or mental disability, a material
misrepresentation of another party, or fraud upon the court and that the party
seeking modification, when no longer precluded, promptly served a motion;
(2) the party seeking modification was a recipient of federal
Supplemental Security Income (SSI), Title II Older Americans, Survivor's
Disability Insurance (OASDI), other disability benefits, or public assistance
based upon need during the period for which retroactive modification is sought;
(3) the order for which the party seeks amendment was entered
by default, the party shows good cause for not appearing, and the record
contains no factual evidence, or clearly erroneous evidence regarding the
individual obligor's ability to pay; or
(4) the party seeking modification was institutionalized or
incarcerated for an offense other than nonsupport of a child during the period
for which retroactive modification is sought and lacked the financial ability
to pay the support ordered during that time period. In determining whether to allow the retroactive modification, the
court shall consider whether and when a request was made to the public
authority for support modification.
The court may provide that a
reduction in the amount allocated for child care expenses based on a
substantial decrease in the expenses is effective as of the date the expenses
decreased.
of this state, including
motions under section 518.145, subdivision 2.
The court may impose a lien or charge on the divided property at any
time while the property, or subsequently acquired property, is owned by the
parties or either of them, for the payment of maintenance or support (e) (d) Except for an award of the right of
occupancy of the homestead, provided in under section 518.63, all
divisions of real and personal property provided by section 518.58 shall be
are final, and may be revoked or modified only where if
the court finds the existence of conditions that justify reopening a judgment
under the laws money,
or may sequester the property as is provided by under section
518.24.
(f) (e) The court need not hold an evidentiary
hearing on a motion for modification of maintenance or support.
(g) (f) Section 518.14 shall govern governs
the award of attorney fees for motions brought under this subdivision.
Sec. 43. Minnesota
Statutes 2002, section 518.641, is amended to read:
518.641 [COST-OF-LIVING ADJUSTMENTS IN MAINTENANCE OR CHILD
SUPPORT ORDER.]
Subdivision 1.
[REQUIREMENT.] (a) An order establishing, modifying, or enforcing
maintenance or child support shall must provide for a biennial
adjustment in the amount to be paid based on a change in the cost of
living. An order that provides for a
cost-of-living adjustment shall must specify the cost-of-living
index to be applied and the date on which the cost-of-living adjustment shall
become becomes effective.
The court may use the Consumer Price Index for all Urban Consumers,
Minneapolis-St. Paul (CPI-U), the Consumer Price Index for wage earners and
clerical, Minneapolis-St. Paul (CPI-W), or another cost-of-living index
published by the Department of Labor which it specifically finds is more
appropriate. Cost-of-living increases
under this section shall must be compounded. The court may also increase the amount by
more than the cost-of-living adjustment by agreement of the parties or by
making further findings.
(b) The adjustment becomes effective on the first of May of the
year in which it is made, for cases in which payment is made to the public
authority. For cases in which payment
is not made to the public authority, application for an adjustment may be made
in any month but no application for an adjustment may be made sooner than two
years after the date of the dissolution decree. A court may waive the requirement of the cost-of-living clause if
it expressly finds that the obligor's occupation or income, or both, does not
provide for a cost-of-living adjustment or that the order for
maintenance or child support has a provision such as a step increase
that has the effect of a cost-of-living clause. The court may waive a cost-of-living adjustment in a maintenance
order if the parties so agree in writing.
The commissioner of human services may promulgate rules for child
support adjustments under this section in accordance with the rulemaking
provisions of chapter 14. Notice of
this statute must comply with section 518.68, subdivision 2.
Subd. 2. [NOTICE.] No
adjustment under this section may be made unless the order provides for it and
the notice provisions of this subdivision are followed. The public authority or the obligee, if
the obligee is requesting the cost-of-living adjustment, sends must
send notice of the intended adjustment to the obligor at the obligor's last
known address at least 20 days before the effective date of the
adjustment. The notice shall must
inform the obligor of the date on which the adjustment will become becomes
effective and the procedures for contesting the adjustment.
Subd. 2a. [PROCEDURES
FOR CONTESTING ADJUSTMENT.] (a) To contest cost-of-living adjustments initiated
by the public authority or an obligee who has applied for or is receiving child
support and maintenance collection services from the public authority,
other than income withholding only services, the obligor, before the effective
date of the adjustment, must:
(1) file a motion contesting the cost-of-living adjustment with
the court administrator; and
(2) serve the motion by first-class mail on the public
authority and the obligee.
The hearing shall must
take place in the expedited child support process as governed by section
484.702.
(b) To contest cost-of-living adjustments initiated by an
obligee who is not receiving child support and maintenance collection
services from the public authority, or for by an obligee who
receives income withholding only services from the public authority, the
obligor must, before the effective date of the adjustment:
(1) file a motion contesting the cost-of-living adjustment with
the court administrator; and
(2) serve the motion by first-class mail on the obligee.
The hearing shall must
take place in district court.
(c) Upon receipt of a motion contesting the cost-of-living
adjustment, the cost-of-living adjustment shall must be stayed
pending further order of the court.
(d) The court administrator shall must make
available pro se motion forms for contesting a cost-of-living adjustment under
this subdivision.
Subd. 3. [RESULT OF
HEARING.] If, at a hearing pursuant to this section, the obligor establishes an
insufficient cost of living or other increase in income that prevents
fulfillment of the adjusted maintenance or child support obligation, the
court or child support magistrate may direct that all or part of the adjustment
not take effect. If, at the hearing,
the obligor does not establish this insufficient increase in income, the
adjustment shall must take effect as of the date it would have
become effective had no hearing been requested.
Sec. 44. Minnesota
Statutes 2002, section 518.642, is amended to read:
518.642 [OVERPAYMENTS.]
If child support or maintenance is not assigned under
section 256.741, and an obligor has overpaid a child support or
maintenance obligation because of a modification or error in the amount owed,
the public authority shall must:
(1) apply the amount of the overpayment to reduce the amount of
any child support or maintenance-related arrearages or debts owed to the
obligee; and
(2) if an overpayment exists after the reduction of any
arrearage or debt, reduce the amount of the child support maintenance
remitted to the obligee by an amount no greater than 20 percent of the current
monthly support or maintenance obligation and remit this amount to the
obligor until the overpayment is reduced to zero.
Sec. 45. Minnesota Statutes
2002, section 518.646, is amended to read:
518.646 [NOTICE OF ORDER.]
Whenever these laws require If a law requires
service of a court's order on an employer, union, or payor of funds,
service of a verified notice of order may be made in lieu thereof of
the order. The verified notice shall
must contain the title of the action, the name of the court, the court
file number, the date of the court order, and shall recite the operative
provisions of the order.
Sec. 46. Minnesota
Statutes 2002, section 518.65, is amended to read:
518.65 [PROPERTY; SALE, PARTITION.]
In order to effect a division or award of property as is
provided by under section 518.58, the court may order property sold
or partitioned. Personal property may
be ordered sold in the manner directed by the court, and real estate may
be partitioned in the manner provided by Minnesota Statutes 1949, chapter 558.
Sec. 47. Minnesota
Statutes 2002, section 518.68, subdivision 1, is amended to read:
Subdivision 1.
[REQUIREMENT.] Every court order or judgment and decree that provides
for child support, spousal maintenance, custody, or parenting time must contain
certain notices as set out in subdivision 2. The information in the notices must be concisely stated in plain
language. The notices must be in
clearly legible print, but may not exceed two pages. An order or judgment and decree without the notice remains
subject to all statutes. The court may
waive all or part of the notice required under subdivision 2 relating to parental
rights under section 518.17, subdivision 3, if it finds it is necessary to
protect the welfare of a party or child section 517C.99.
Sec. 48. [REVISOR'S
INSTRUCTION.]
The revisor of statutes must renumber the sections in
Minnesota Statutes listed in column A as indicated in column B and correct
cross-references to those sections throughout Minnesota Statutes and Minnesota
Rules.
A B
518.002
517A.02, subd. 5
518.003 517A.01
518.005
517A.02
518.01
517A.07
518.02
517A.08
518.03
517A.09
518.04
517A.10
518.05
517A.11
518.055
517A.12
518.06
517A.15
518.07
517A.16
518.09
517A.18
518.091
517A.19
518.10
517A.20
518.11
517A.22
518.12
517A.23
518.13
517A.24
518.131
517A.03
518.14, subd.
1
517A.04
518.145 517A.28
518.146 517A.21
518.148 517A.26
518.191 517A.27
518.195
517A.17
518.25
517A.30
518.27
517A.25
518.54,
subd. 1
517A.31, subd. 1
518.54, subd. 2a 517A.31, subd. 2
518.54,
subd. 2b
517A.31, subd. 3
518.54,
subd. 3
517A.31, subd. 4
518.54,
subd. 4
517A.31, subd. 5
518.54,
subd. 5
517A.31, subd. 6
518.54,
subd. 6
517A.31, subd. 7
518.54,
subd. 7
517A.31, subd. 8
518.54,
subd. 8
517A.31, subd. 9
518.54,
subd. 9
517A.31, subd. 10
518.54,
subd. 10
517A.31, subd. 11
518.54,
subd. 11
517A.31, subd. 12
518.54,
subd. 12
517A.31, subd. 13
518.55,
subd. 1
517A.32, subd. 4
518.55,
subd. 3
517A.32, subd. 5
518.552, subd. 1 517A.32,
subd. 1
518.552, subd. 2 517A.32,
subd. 2
518.552, subd. 3 517A.32,
subd. 3
518.552, subd. 4 517A.32,
subd. 6
518.552, subd. 5 517A.32,
subd. 7
518.58
517A.37
518.581 517A.39
518.582
517A.40
518.63
517A.41
518.64,
subd. 1
517A.34, subd. 1
518.64,
subd. 2
517A.34, subd. 2
518.64,
subd. 3
517A.32, subd. 8
518.641, subd. 1 517A.33,
subd. 1
518.641, subd. 2 517A.33,
subd. 2
518.641, subd. 2a 517A.33,
subd. 3
518.641, subd. 3 517A.43,
subd. 4
518.642 517A.35
518.646 517A.05
518.65
517A.38
Sec. 49. [REPEALER.]
Minnesota Statutes 2002, sections 518.14, subdivision 2;
518.24; 518.55, subdivision 4; 518.62; 518.64, subdivisions 4, 4a, and 5; and
518.68, are repealed.
ARTICLE
3
CUSTODY,
PARENTING TIME, AND VISITATION
GENERAL
Section 1. [517B.01]
[DEFINITIONS.]
Subdivision 1.
[SCOPE.] The definitions in this section apply to this chapter.
Sec. 2. [517B.03]
[TEMPORARY ORDERS RELATING TO CUSTODY AND PARENTING TIME.]
(a) A temporary order for custody or parenting time may be
sought under section 517A.03.
(b) A party seeking a temporary custody order must submit
with moving papers an affidavit setting forth facts supporting the requested
order. The party must give notice and a
copy of the affidavit to other parties to the proceeding, who may file opposing
affidavits.
Sec. 3. [517B.04]
[CUSTODY, PARENTING TIME, AND VISITATION NOTICES.]
A court order or judgment and decree concerning custody of
or parenting time with a minor child must contain the notice set out in section
517C.99, subdivision 3.
Sec. 4. [517B.05]
[ATTORNEY FEES, COSTS, AND DISBURSEMENTS.]
Attorney fees, costs, and disbursements must be awarded in a
proceeding under this chapter as provided by section 517A.04.
Sec. 5. [517B.17]
[CUSTODY OF CHILDREN.]
Subdivision 1.
[CUSTODY ORDER.] Upon adjudging the nullity of a marriage, in a
dissolution or legal separation proceeding, or in a child custody proceeding,
the court must make a further order as it deems just and proper concerning:
(1) the legal custody of each minor child of the parties,
which must be sole or joint; and
(2) their physical custody and residence.
Subd. 2.
[STANDARD; PREFERENCE PROHIBITED.] In determining custody, the court
must consider the best interests of the child and must not prefer one parent
over the other solely on the basis of the sex of the parent.
Subd. 3. [THE
BEST INTERESTS OF THE CHILD; FACTORS.] "The best interests of the
child" means all relevant factors to be considered and evaluated by the
court including:
(1) the wishes of the child's parent or parents as to
custody;
(2) the reasonable preference of the child, if the court
deems the child to be of sufficient age to express a preference;
(3) the child's primary caretaker;
(4) the intimacy of the relationship between each parent and
the child;
(5) the interaction and interrelationship of the child with
a parent or parents, siblings, and any other person who may significantly
affect the child's best interests;
(6) the child's adjustment to home, school, and community;
(7) the length of time the child has lived in a stable,
satisfactory environment and the desirability of maintaining continuity;
(8) the permanence, as a family unit,
of the existing or proposed home;
(9) the mental and physical health of all individuals
involved; except that a disability, as defined in section 363.01, of a parent
or the child is not determinative of the custody of the child, unless the
proposed custodial arrangement is not in the best interest of the child;
(10) the capacity and disposition of the parties to give the
child love, affection, and guidance, and to continue educating and raising the
child in the child's culture and religion or creed, if any;
(11) the child's cultural background;
(12) the effect on the child of the actions of an abuser, if
related to domestic abuse, as defined in section 518B.01, that has occurred
between the parents or between a parent and another individual, whether or not
the individual alleged to have committed domestic abuse is or ever was a family
or household member of the parent;
(13) except in cases in which a finding of domestic abuse as
defined in section 518B.01 has been made, the disposition of each parent to
encourage and permit frequent and continuing contact by the other parent with
the child; and
(14) evidence of a violation of section 609.507.
Subd. 4. [BEST
INTERESTS DETERMINATION.] The court must make detailed findings on each of
the factors in subdivision 3 and explain how the factors led to its conclusion
and to the determination of the best interests of the child. In determining the best interests of a
child, the court may not use one factor in subdivision 3 to the exclusion of
all others. The primary caretaker
factor may not be used as a presumption in determining the best interests of
the child. The court shall not consider
conduct of a parent that does not affect the parent's relationship to the
child.
Sec. 6. [517B.18]
[JOINT CUSTODY.]
Subdivision 1.
[FACTORS WHEN JOINT CUSTODY IS SOUGHT.] In addition to the factors
listed in section 517B.17, if either joint legal or joint physical custody is
sought, the court must consider the following relevant factors:
(1) the ability of parents to cooperate in the rearing of
their child;
(2) methods for resolving disputes regarding any major
decision concerning the life of the child, and the parents' willingness to use
those methods;
(3) whether it would be detrimental to the child if one
parent were to have sole authority over the child's upbringing; and
(4) whether domestic abuse, as defined in section 518B.01,
has occurred between the parents.
Subd. 2.
[PRESUMPTIONS; FINDINGS.] (a) The court must use a rebuttable
presumption that upon request of either or both parents, joint legal custody is
in the best interests of the child.
However, the court must use a rebuttable presumption that joint legal or
physical custody is not in the best interests of the child if domestic abuse,
as defined in section 518B.01, has occurred between the parents.
(b) If the court awards joint legal
or physical custody over the objection of a parent, the court must make
detailed findings on each of the factors in this section and explain how the
factors led to its determination that joint custody would be in the best
interests of the child.
Subd. 3. [JOINT
CUSTODY; SUPPORT GUIDELINES.] An award of joint legal custody is not a
reason for departure from the child support guidelines in sections 517C.12 to
517C.16.
Sec. 7. [517B.19]
[CUSTODY; ACCESS RIGHTS OF PARENTS; LIMITATIONS.]
Subdivision 1.
[ACCESS; LIMITATIONS.] (a) Whether sole or joint legal custody is
ordered, the court must grant the following rights to each of the parties,
unless specific findings are made under section 517C.99, subdivision 1. Each party:
(1) has the right of access to, and to receive copies of, a
minor child's school, medical, dental, religious training, and other important
records and information;
(2) has the right of access to information regarding health
or dental insurance available to a minor child;
(3) must keep the other party informed as to the name and
address of the school a minor child attends;
(4) must notify the other party of any accident or serious
illness of a minor child, the name of the health care provider, and the place
of treatment; and
(5) has the right to reasonable access and telephone contact
with a minor child.
(b) Each party has the right to be informed by school
officials about a child's welfare, educational progress and status, and to
attend school and parent-teacher conferences.
The school is not required to hold a separate conference for each party.
(c) The court may waive any of the rights under this
subdivision if it finds it is necessary to protect the welfare of a party or
child.
Sec. 8. Minnesota
Statutes 2002, section 518.003, subdivision 3, is amended to read:
Subd. 3. [CUSTODY.]
Unless otherwise agreed by the parties:
(a) "Legal custody" means the right to determine the
child's upbringing, including education, health care, and religious training.
(b) "Joint legal custody" means that both parents
have equal rights and responsibilities, including the right to participate in
major decisions determining the child's upbringing, including education, health
care, and religious training.
(c) "Physical custody and residence" means the
routine daily care and control and the residence of the child.
(d) "Joint physical custody" means that the routine
daily care and control and the residence of the child is structured between the
parties.
(e) Wherever used in this chapter, the term
"Custodial parent" or "custodian" means the person who has
the physical custody of the child at any particular time.
(f) "Custody determination"
means a court decision and court orders and instructions providing for the
custody of a child, including parenting time, but does not include a decision
relating to child support or any other monetary obligation of any person.
(g) "Custody proceeding" includes proceedings in
which a custody determination is one of several issues, such as an action for
dissolution, divorce, or separation, and includes proceedings involving
children who are in need of protection or services, domestic abuse, and paternity.
Sec. 9. Minnesota
Statutes 2002, section 518.155, is amended to read:
518.155 [CUSTODY DETERMINATIONS AND PARENTING TIME
JURISDICTION.]
Notwithstanding any law to the contrary, a court in which a
proceeding for dissolution, legal separation, or child custody has been
commenced shall must not issue, revise, modify or amend any
order, pursuant to sections 518.131, 518.165, 518.168, 518.17, 518.175 or
518.18, which section 517B.03, 517B.08, 517B.16, 517B.21, or 517B.25,
that affects the custody of a minor child or the parenting time of a parent
unless the court has jurisdiction over the matter pursuant to the provisions
of under chapter 518D.
Sec. 10. Minnesota
Statutes 2002, section 518.156, is amended to read:
518.156 [COMMENCEMENT OF CUSTODY PROCEEDING.]
Subdivision 1.
[PROCEDURE.] In a court of this state which that has
jurisdiction to decide child custody matters, a child custody proceeding is
commenced by a parent:
(1) by filing a petition for dissolution or legal separation;
or
(2) where if a decree of dissolution or legal
separation has been entered or where none is sought, or when if
paternity has been recognized under section 257.75, by filing a petition or
motion seeking custody or parenting time with the child in the county where the
child is permanently resident or where the child is found or where an earlier
order for custody of the child has been entered.
Subd. 2. [REQUIRED
NOTICE.] Written notice of a child custody or parenting time or visitation
proceeding shall must be given to the child's parent, guardian,
and custodian, who may appear and be heard and may file a responsive
pleading. The court may, upon a showing
of good cause, permit the intervention of other interested parties.
Sec. 11. Minnesota Statutes
2002, section 518.157, subdivision 1, is amended to read:
Subdivision 1.
[IMPLEMENTATION; ADMINISTRATION.] By January 1, 1998, The chief
judge of each judicial district or a designee shall must
implement one or more parent education programs within the judicial district
for the purpose of educating parents about the impact that divorce, the
restructuring of families, and judicial proceedings have upon children and
families; methods for preventing parenting time conflicts; and dispute
resolution options. The chief judge of
each judicial district or a designee may require that children attend a
separate education program designed to deal with the impact of divorce upon
children as part of the parent education program. Each parent education program must enable persons to have timely
and reasonable access to education sessions.
Sec. 12. Minnesota Statutes 2002, section 518.157, subdivision 2, is
amended to read:
Subd. 2. [MINIMUM
STANDARDS; PLAN.] The Minnesota supreme court should promulgate minimum
standards for the implementation and administration of a parent education
program. The chief judge of each
judicial district or a designee shall must submit a plan to the
Minnesota conference of chief judges for their approval that is designed to implement
and administer a parent education program in the judicial district. The plan must be consistent with the minimum
standards promulgated by the Minnesota Supreme Court.
Sec. 13. Minnesota
Statutes 2002, section 518.157, subdivision 3, is amended to read:
Subd. 3. [ATTENDANCE.]
In a proceeding under this chapter or sections 257.51 to 257.75 where custody
or parenting time is contested, the parents of a minor child shall must
attend an orientation and education program that meets the minimum standards
promulgated by the Minnesota Supreme Court.
In all other proceedings involving custody, support, or parenting time
the court may order the parents of a minor child to attend a parent education
program. The program shall must
provide the court with names of persons who fail to attend the parent education
program as ordered by the court.
Persons who are separated or contemplating involvement in a dissolution,
paternity, custody, or parenting time proceeding may attend a parent education
program without a court order.
Participation in a parent education program must occur as early as
possible. Parent education programs
must offer an opportunity to participate at all phases of a pending or
postdecree proceeding. Upon request of
a party and a showing of good cause, the court may excuse the party from
attending the program. If past or
present domestic abuse, as defined in chapter 518B, is alleged, the court shall
must not require the parties to attend the same parent education
sessions and shall must enter an order setting forth the manner
in which the parties may safely participate in the program.
Sec. 14. Minnesota
Statutes 2002, section 518.157, subdivision 5, is amended to read:
Subd. 5.
[CONFIDENTIALITY.] Unless all parties agree in writing, statements made
by a party during participation in a parent education program are inadmissible
as evidence for any purpose, including impeachment. No record may be made regarding a party's participation in a parent
education program, except a record of attendance at and completion of the
program as required under this section.
Instructors shall must not disclose information regarding
an individual participant obtained as a result of participation in a parent
education program. Parent education
instructors may not be subpoenaed or called as witnesses in court proceedings.
Sec. 15. Minnesota
Statutes 2002, section 518.157, subdivision 6, is amended to read:
Subd. 6. [FEE.] Except
as provided in this subdivision, each person who attends a parent education
program shall must pay a fee to defray the cost of the
program. A party who qualifies for
waiver of filing fees under section 563.01 is exempt from paying the parent
education program fee, and the court shall must waive the
fee or direct its payment under section 563.01. Program providers shall implement a sliding fee scale.
Sec. 16. Minnesota
Statutes 2002, section 518.165, as amended by Laws 2003, chapter 112, article
2, section 50, is amended to read:
518.165 [GUARDIANS FOR MINOR CHILDREN.]
Subdivision 1.
[PERMISSIVE APPOINTMENT OF GUARDIAN AD LITEM.] In all proceedings for
child custody or for dissolution or legal separation where custody or parenting
time with a minor child is in issue, the court may appoint a guardian ad litem
from a panel established by the court to represent the interests of the
child. The guardian ad litem shall
must advise the court with respect to custody, support, and parenting
time.
Subd. 2. [REQUIRED
APPOINTMENT OF GUARDIAN AD LITEM.] The court must appoint a guardian ad
litem in all proceedings for child custody or for marriage dissolution or
legal separation in which custody or parenting time with a minor child is an
issue, if the court has reason to believe that the minor child is a victim of
domestic child abuse or neglect, as those terms are defined in sections
260C.007 and 626.556, respectively, the court shall appoint a guardian ad
litem. The guardian ad litem shall
must represent the interests of the child and advise the court with
respect to custody, support, and parenting time. If the child is represented by a guardian ad litem in any other
pending proceeding, the court may appoint that guardian to represent the child
in the custody or parenting time proceeding.
No guardian ad litem need be appointed if the alleged domestic child
abuse or neglect is before the court on a juvenile dependency and neglect
petition. Nothing in this subdivision
requires the court to appoint a guardian ad litem in any proceeding for child
custody, marriage dissolution, or legal separation in which an allegation of
domestic child abuse or neglect has not been made.
Subd. 2a.
[RESPONSIBILITIES OF GUARDIAN AD LITEM.] A guardian ad litem shall
must carry out the following responsibilities:
(1) conduct an independent investigation to determine the facts
relevant to the situation of the child and the family, which must include,
unless specifically excluded by the court, reviewing relevant documents;
meeting with and observing the child in the home setting and considering the
child's wishes, as appropriate; and interviewing parents, caregivers, and
others with knowledge relevant to the case;
(2) advocate for the child's best interests by participating in
appropriate aspects of the case and advocating for appropriate community
services when necessary;
(3) maintain the confidentiality of information related to a
case, with the exception of sharing information as permitted by law to promote
cooperative solutions that are in the best interests of the child;
(4) monitor the child's best interests throughout the judicial
proceeding; and
(5) present written reports on the child's best interests that
include conclusions and recommendations and the facts upon which they are
based.
Subd. 3. [FEES.] (a) A
guardian ad litem appointed under either subdivision 1 or 2 may be appointed
either as a volunteer or on a fee basis.
If a guardian ad litem is appointed on a fee basis, the court shall
must enter an order for costs, fees, and disbursements in favor of the
child's guardian ad litem. The order
may be made against either or both parties, except that any part of the costs,
fees, or disbursements which the court finds the parties are incapable of
paying shall must be borne by the state courts. The costs of court-appointed counsel to the
guardian ad litem shall must be paid by the county in which the
proceeding is being held if a party is incapable of paying for them. Until the recommendations of the task force
created in Laws 1999, chapter 216, article 7, section 42, are implemented, the
costs of court-appointed counsel to a guardian ad litem in the Eighth Judicial
District shall must be paid by the state courts if a party is
incapable of paying for them. In no
event may the court order that costs, fees, or disbursements be paid by a party
receiving public assistance or legal assistance or by a party whose annual
income falls below the poverty line as established under United States Code,
title 42, section 9902(2).
(b) In each fiscal year, the commissioner of finance shall
must deposit guardian ad litem reimbursements in the general fund and
credit them to a separate account with the trial courts. The balance of this account is appropriated
to the trial courts and does not cancel but is available until expended. Expenditures by the state court
administrator's office from this account must be based on the amount of the
guardian ad litem reimbursements received by the state from the courts in each
judicial district.
Sec. 17. Minnesota
Statutes 2002, section 518.166, is amended to read:
518.166 [INTERVIEWS; RECOMMENDATIONS.]
The court may interview the child in chambers to ascertain the
child's reasonable preference as to custodian regarding with which
parent the child would reside, if the court deems the child to be of
sufficient age to express preference.
The court shall must permit counsel to be present at the
interview and shall must permit counsel to propound reasonable
questions to the child either directly or through the court. The court shall must cause a
record of the interview to be made and to be made part of the record in the
case unless waived by the parties.
In contested custody proceedings, and in other custody
proceedings if a parent or the child's custodian requests, the court may seek
the recommendations of professional personnel whether or not they are employed
on a regular basis by the court. The
recommendations given shall must be in writing and shall must
be made available by the court to counsel upon request. Counsel may call for cross-examination of
professional personnel consulted by the court.
Sec. 18. Minnesota
Statutes 2002, section 518.167, subdivision 3, is amended to read:
Subd. 3. [AVAILABILITY
TO COUNSEL.] The court shall must mail the investigator's report
to counsel and to any party not represented by counsel at least ten days before
the hearing. The investigator shall
must maintain and, upon request, make available to counsel and to a
party not represented by counsel the investigator's file of underlying data and
reports, complete texts of diagnostic reports made to the investigator pursuant
to the provisions of subdivision 2, and the names and addresses of all persons
whom the investigator has consulted. The
investigator and any person the investigator has consulted is subject to other
pretrial discovery in accordance with the requirements of the Minnesota Rules
of Civil Procedure. Mediation
proceedings are not subject to discovery without written consent of both
parties. A party to the proceeding may
call the investigator and any person whom the investigator has consulted for
cross-examination at the hearing. A
party may not waive the right of cross-examination before the hearing.
Sec. 19. Minnesota
Statutes 2002, section 518.167, subdivision 4, is amended to read:
Subd. 4. [USE AT
DISCOVERY; HEARING.] The investigator and any person the investigator
has consulted is subject to other pretrial discovery in accordance with the
requirements of the Minnesota Rules of Civil Procedure. Mediation proceedings are not subject to
discovery without written consent of both parties. A party to the proceeding may cross-examine at the hearing the
investigator and any person whom the investigator has consulted for
cross-examination. A party may not
waive the right of cross-examination before the hearing. The investigator's report may be received in
evidence at the hearing.
Sec. 20. Minnesota
Statutes 2002, section 518.167, subdivision 5, is amended to read:
Subd. 5. [COSTS.] The
court shall must order all or part of the cost of the
investigation and report to be paid by either or both parties, based on their
ability to pay. Any part of the cost
that the court finds the parties are incapable of paying must be borne by the county
welfare local social services agency or department of court services
that performs the investigation. The
court may not order costs under this subdivision to be paid by a party
receiving public assistance or legal assistance from a qualified legal services
program or by a party whose annual income falls below the poverty line under
United States Code, title 42, section 9902(2).
Sec. 21. Minnesota
Statutes 2002, section 518.168, is amended to read:
518.168 [HEARINGS.]
(a) Custody proceedings shall must receive
priority in being set for hearing.
(b) The court may tax as costs the payment of necessary travel
and other expenses incurred by a person whose presence at the hearing the court
deems necessary to determine the best interests of the child.
(c) The court without a jury shall must determine
questions of law and fact. If it finds
that a public hearing may be detrimental to the child's best interests, the
court may exclude the public from a custody hearing, but may admit any person
who has a direct interest in the particular case.
(d) If the court finds it necessary for the protection of the
child's welfare that the record of an interview, report, investigation, or
testimony in a custody proceeding not be kept secret disclosed,
the court may make an appropriate order sealing the record.
Sec. 22. Minnesota
Statutes 2002, section 518.1705, subdivision 2, is amended to read:
Subd. 2. [PLAN
ELEMENTS.] (a) A parenting plan must include the following:
(1) a schedule of the time each parent spends with the child;
(2) a designation of decision-making responsibilities regarding
the child; and
(3) a method of dispute resolution.
(b) A parenting plan may include other issues and matters the
parents agree to regarding the child.
(c) Parents voluntarily agreeing to parenting plans may
substitute other terms for physical and legal custody, including designations
of joint or sole custody, provided that if the terms used in the
substitution are defined in the parenting plan.
Sec. 23. Minnesota
Statutes 2002, section 518.1705, subdivision 6, is amended to read:
Subd. 6. [RESTRICTIONS
ON PREPARATION AND CONTENT OF PARENTING PLAN.] (a) Dispute resolution
processes other than the judicial process may not be required in the
preparation of a parenting plan if a parent is alleged to have committed
domestic abuse toward a parent or child who is a party to, or subject of, the
matter before the court. In these
cases, the court shall must consider the appointment of a
guardian ad litem and a parenting plan evaluator.
(b) The court may not require a parenting plan that provides
for joint legal custody or use of dispute resolution processes, other
than the judicial process, if the court finds that section 518.179
applies, or the court finds that either parent has engaged in the
following toward a parent or child who is a party to, or subject of, the matter
before the court:
(1) acts of domestic abuse, including physical harm, bodily
injury, and infliction of fear of physical harm, assault, terroristic threats,
or criminal sexual conduct;
(2) physical, sexual, or a pattern of emotional abuse of a
child; or
(3) willful abandonment that continues for an extended period
of time or substantial refusal to perform parenting functions.
Sec. 24. Minnesota
Statutes 2002, section 518.1705, subdivision 7, is amended to read:
Subd. 7. [MOVING THE
CHILD TO ANOTHER STATE.] Parents may agree, but the court must not require,
that in a parenting plan the factors in section 518.17 or 257.025, as
applicable, will govern a decision concerning removal of a child's residence
from this state, provided that if:
(1) both parents were represented by counsel when the parenting
plan was approved; or
(2) the court found the parents were fully informed, the
agreement was voluntary, and the parents were aware of its implications.
Sec. 25. Minnesota
Statutes 2002, section 518.1705, subdivision 8, is amended to read:
Subd. 8. [ALLOCATION OF
CERTAIN EXPENSES.] (a) Parents creating a parenting plan are subject to the
requirements of the child support guidelines under section 518.551 sections
517C.12 to 517C.18.
(b) Parents may include in the parenting plan an allocation of
expenses for the child. The allocation
is an enforceable contract between the parents.
Sec. 26. Minnesota
Statutes 2002, section 518.1705, subdivision 9, is amended to read:
Subd. 9. [MODIFICATION
OF PARENTING PLANS.] (a) Parents may modify the schedule of the time each
parent spends with the child or the decision-making provisions of a parenting
plan by agreement. To be enforceable,
modifications must be confirmed by court order. A motion to modify decision-making provisions or the time each
parent spends with the child may be made only within the time limits provided
by section 518.18.
(b) The parties may agree, but the court must not require them,
to apply the best interests standard in section 518.17 or 257.025, as
applicable, for deciding a motion for modification that would change the
child's primary residence, provided that if:
(1) both parties were represented by counsel when the parenting
plan was approved; or
(2) the court found the parties were fully informed, the
agreement was voluntary, and the parties were aware of its implications.
(c) If the parties do not agree to apply the best interests
standard, section 518.18, paragraph (d), applies.
Sec. 27. Minnesota
Statutes 2002, section 518.175, is amended to read:
518.175 [PARENTING TIME.]
Subdivision 1.
[GENERAL.] (a) In all proceedings for dissolution or legal separation,
subsequent to the commencement of the proceeding and continuing thereafter
during the minority of the child, the court shall must, upon the
request of either parent, grant such parenting time on behalf of the
child and a parent as that will enable the child and the parent
to maintain a child to parent relationship that will be in the best interests
of the child.
(b) If the court finds, after a hearing, that parenting
time with a parent is likely to endanger the child's physical or emotional
health or impair the child's emotional development, the court shall must
restrict parenting time with that parent as to time, place, duration, or
supervision and may deny parenting time entirely, as the circumstances
warrant. The court shall must
consider the age of the child and the child's relationship with the parent prior
to before the commencement of the proceeding.
(c) A parent's failure to pay support because of the
parent's inability to do so shall is not be sufficient
cause for denial of parenting time.
(b) (d) The court may provide that a law
enforcement officer or other appropriate person will accompany a party seeking
to enforce or comply with parenting time.
(c) (e) Upon request of either party, to the
extent practicable an order for parenting time must include a specific schedule
for parenting time, including the frequency and duration of visitation and
visitation during holidays and vacations, unless parenting time is restricted,
denied, or reserved.
(d) (f) The court administrator shall must
provide a form for a pro se motion regarding parenting time disputes, which includes
must include provisions for indicating the relief requested, an
affidavit in which the party may state the facts of the dispute, and a brief
description of the parenting time expeditor process under section
518.1751. The form may not include a
request for a change of custody. The
court shall must provide instructions on serving and filing the
motion.
Subd. 1a. [DOMESTIC
ABUSE; SUPERVISED PARENTING TIME.] (a) If a parent requests supervised
parenting time under subdivision 1 or 5 and an order for protection under
chapter 518B or a similar law of another state is in effect against the other
parent to protect the child or the parent with whom the child resides or
the child, the judge or judicial officer must consider the order for
protection in making a decision regarding parenting time.
(b) The state court administrator, in consultation with
representatives of parents and other interested persons, shall must
develop standards to be met by persons who are responsible for supervising
parenting time. Either parent may
challenge the appropriateness of an individual chosen by the court to supervise
parenting time.
Subd. 2. [RIGHTS OF
CHILDREN AND PARENTS.] Upon the request of either parent, the court may inform
any child of the parties, if eight years of age or older, or otherwise of an
age of suitable comprehension, of the rights of the child and each parent under
the order or decree or any substantial amendment thereof of it. The parent with whom the child resides shall
must present the child for parenting time with the other parent, at such
the times as the court directs.
Subd. 3. [MOVE TO
ANOTHER STATE.] The parent with whom the child resides shall must
not move the child's residence of the child to another state
except upon order of the court or with the consent of the other parent, if the
other parent has been given parenting time by the decree. If the purpose of the move is to interfere
with parenting time given to the other parent by the decree, the court shall
must not permit the child's residence to be moved to another state.
Subd. 5. [MODIFICATION
OF PARENTING PLAN OR ORDER FOR PARENTING TIME.] (a) If modification
would serve the best interests of the child, the court shall must
modify the decision-making provisions of a parenting plan or an order granting
or denying parenting time, if the modification would not change the child's
primary residence. Except as provided
in section 631.52, the court may not restrict parenting time unless it finds
that:
(1) parenting time is likely to endanger the child's physical
or emotional health or impair the child's emotional development; or
(2) the parent has chronically and unreasonably failed to
comply with court-ordered parenting time.
(b) If a parent makes specific allegations that
parenting time by the other parent places the parent or child in danger of
harm, the court local
social services agency, to supervise the parenting time or may restrict a
parent's parenting time if necessary to protect the other parent or child from
harm. If there is an existing order for
protection governing the parties, the court shall must hold a hearing at the earliest
possible time to determine the need to modify the order granting parenting
time. Consistent with subdivision 1a
2, the court may require a third party, including the shall must consider
the use of an independent, neutral exchange location for parenting time.
Subd. 6. [REMEDIES.]
(a) The court may provide for one or more of the following remedies for denial
of or interference with court-ordered parenting time as provided under this
subdivision. All parenting time orders
must include notice of the provisions of this subdivision.
(b) If the court finds that a person parent has
been deprived of court-ordered parenting time, the court shall must
order the parent who has interfered caused the deprivation to
allow compensatory parenting time to the other parent or the court shall
must make specific findings as to why a request for compensatory
parenting time is denied. If
compensatory parenting time is awarded, additional parenting time must be:
(1) at least of the same type and duration as the deprived
parenting time and, at the discretion of the court, may be in excess of or of a
different type than the deprived parenting time;
(2) taken within one year after the deprived parenting time;
and
(3) at a time acceptable to the parent deprived of parenting
time.
(c) If the court finds that a party has wrongfully failed to
comply with a parenting time order or a binding agreement or decision under
section 518.1751, the court may:
(1) impose a civil penalty of up to $500 on the party;
(2) require the party to post a bond with the court for a
specified period of time to secure the party's compliance;
(3) award reasonable attorney's fees and costs;
(4) require the party who violated the parenting time order or
binding agreement or decision of the parenting time expeditor to reimburse the
other party for costs incurred as a result of the violation of the order or,
agreement, or decision; or
(5) award any other remedy that the court finds to be in the
best interests of the children involved.
A civil penalty imposed under this paragraph must be deposited
in the county general fund and must be used to fund the costs of a parenting
time expeditor program in a county with this program. In other counties, the civil penalty must be deposited in the
state general fund.
(d) If the court finds that a party has been denied parenting
time and has incurred expenses in connection with the denied parenting time,
the court may require the party who denied parenting time to post a bond in
favor of the other party in the amount of prepaid expenses associated with
upcoming planned parenting time.
(e) Proof of an unwarranted denial of or interference with duly
established parenting time may constitute contempt of court and may be
sufficient cause for reversal of custody.
Subd. 8. [ADDITIONAL
PARENTING TIME FOR CHILD CARE PARENT.] The court may allow additional
parenting time to a parent to provide child care while the other parent is
working if this arrangement is reasonable and in the best interests of the
child, as defined in section 518.17, subdivision 1. In addition, the court shall must consider:
(1) the ability of the parents to
cooperate;
(2) methods for resolving disputes regarding the care of the
child, and the parents' willingness to use those methods; and
(3) whether domestic abuse, as defined in section 518B.01, has
occurred between the parties.
Sec. 28. Minnesota
Statutes 2002, section 518.1751, subdivision 1b, is amended to read:
Subd. 1b. [PURPOSE;
DEFINITIONS.] (a) The purpose of a parenting time expeditor is to resolve parenting
time disputes by enforcing, interpreting, clarifying, and addressing
circumstances not specifically addressed by an existing parenting time order
and, if appropriate, to make a determination as to whether the existing
parenting time order has been violated.
A parenting time expeditor may be appointed to resolve a onetime
parenting time dispute or to provide ongoing parenting time dispute resolution
services. A parenting time expeditor
must attempt to resolve a parenting time dispute by facilitating negotiations
between the parties to promote settlement.
If it becomes apparent that the dispute cannot be resolved by an
agreement of the parties, the parenting time expeditor must make a decision
resolving the dispute.
(b) For purposes of this section, "parenting time
dispute" means a disagreement among parties about parenting time with a
child, including a dispute about an anticipated denial of future scheduled
parenting time. "Parenting time dispute"
includes a claim by a parent that the other parent is not spending time with a
child as well as a claim by a parent that the other parent is denying or
interfering with parenting time.
(c) A "parenting time expeditor" is a neutral person
authorized to use a mediation-arbitration process to resolve parenting time
disputes. A parenting time expeditor
shall attempt to resolve a parenting time dispute by facilitating negotiations
between the parties to promote settlement and, if it becomes apparent that the
dispute cannot be resolved by an agreement of the parties, the parenting time
expeditor shall make a decision resolving the dispute.
Sec. 29. Minnesota
Statutes 2002, section 518.1751, subdivision 2, is amended to read:
Subd. 2. [APPOINTMENT.]
(a) The parties may stipulate to the appointment of a parenting time expeditor
or a team of two expeditors without appearing in court by submitting. The parties may submit to the court a
written agreement identifying the names of the individuals to be appointed by
the court; the nature of the dispute; the responsibilities of the parenting
time expeditor, including whether the expeditor is appointed to resolve a
specific issue or on an ongoing basis; the term of the appointment; and the
apportionment of fees and costs. The
court shall must review the agreement of the parties.
(b) If the parties cannot agree on a parenting time expeditor,
the court shall must provide to the parties them with
a copy of the court administrator's roster of parenting time expeditors and
require the parties to exchange the names of three potential parenting time
expeditors by a specific date. If after
exchanging names the parties are unable to agree upon a parenting time
expeditor, the court shall must select the parenting time
expeditor and, in its discretion, may appoint one expeditor or a team of two expeditors. In the selection process the court must give
consideration to the financial circumstances of the parties and the fees of
those being considered as parenting time expeditors. Preference must be given to persons who agree
to volunteer their services or who will charge a variable fee for services
based on the ability of the parties to pay for them.
(c) An order appointing a parenting time expeditor must
identify the name of the individual to be appointed, the nature of the dispute,
the responsibilities of the expeditor including whether the expeditor is
appointed to resolve a specific issue or on an ongoing basis, the term of the
appointment, the apportionment of fees, and notice that if the parties are
unable to reach an agreement with the expeditor's assistance of the
expeditor, the expeditor is authorized to make a decision resolving the
dispute which is binding upon the parties unless modified or vacated by the
court.
Sec. 30. Minnesota Statutes 2002, section 518.1751, subdivision 2a, is
amended to read:
Subd. 2a. [FEES.] Prior
to Before appointing the parenting time expeditor, the court shall
must give the parties notice that the expeditor's fees of the
expeditor will be apportioned among the parties. In its order appointing the expeditor, the court shall must
apportion the expeditor's fees of the expeditor among the
parties, with each party bearing the portion of fees that the court determines
is just and equitable under the circumstances.
If a party files a pro se motion regarding a parenting time dispute and
there is not a an existing court order that provides for
apportionment of apportioning the fees of an expeditor, the court
administrator may require the party requesting the appointment of an
expeditor to pay the expeditor's fees of the expeditor in
advance. Neither party may be required
to submit a dispute to a visitation an expeditor if the party
cannot afford to pay for the fees of an expeditor and an
affordable expeditor is not available, unless the other party agrees to pay the
fees. After fees are incurred, a party
may by motion request that the fees be reapportioned on equitable grounds. The court may consider the resources of the
parties, the nature of the dispute, and whether a party acted in bad
faith. The court may consider
information from the expeditor in determining bad faith.
Sec. 31. Minnesota
Statutes 2002, section 518.1751, subdivision 2b, is amended to read:
Subd. 2b. [ROSTER OF
PARENTING TIME EXPEDITORS.] Each The court administrator shall
must maintain and make available to judicial officers and the
public and judicial officers a roster of individuals available to serve
as parenting time expeditors, including. The roster must include each individual's name, address,
telephone number, and fee charged, if any.
A court administrator shall must not place on the roster
the name of an individual who has not completed the training required in
subdivision 2c. If the use of a
parenting time an expeditor is initiated by stipulation of the
parties, the parties may agree upon a person to serve as an expeditor even if
that person has not completed the training described in subdivision 2c. The court may appoint a person to serve
as an expeditor even if the a person who is not on the court
administrator's roster, but may not appoint a person who has not completed the
training described in subdivision 2c, unless so stipulated by the parties. To maintain one's listing on a court
administrator's roster of parenting time expeditors, an individual shall
must annually submit to the court administrator proof of completion of
continuing education requirements.
Sec. 32. Minnesota
Statutes 2002, section 518.1751, subdivision 2c, is amended to read:
Subd. 2c. [TRAINING AND
CONTINUING EDUCATION REQUIREMENTS.] To qualify for listing on a court
administrator's roster of parenting time expeditors, an individual shall
must complete a minimum of 40 hours of family mediation training that
has been certified by the Minnesota supreme court, which. The training must include certified
training in domestic abuse issues as required under Rule 114 of the Minnesota
General Rules of Practice for the District Courts. To maintain one's listing remain listed on a court
administrator's roster of parenting time expeditors, an individual shall
must annually attend three hours of continuing education about
alternative dispute resolution subjects.
Sec. 33. Minnesota
Statutes 2002, section 518.1751, subdivision 3, is amended to read:
Subd. 3. [AGREEMENT OR DECISION.]
(a) Within five days of notice of the appointment, or within five days of
notice of a subsequent parenting time dispute between the same parties, the
parenting time expeditor shall must meet with the parties
together or separately and shall make a diligent effort to facilitate an
agreement to resolve the dispute. If a
parenting time dispute requires immediate resolution, the parenting time
expeditor may confer with the parties through a telephone conference or similar
means. An expeditor may make a decision
without conferring with a party if the expeditor made a good faith effort to
confer with the party, but the party chose not to participate in resolution of
the dispute.
(b) If the parties do not reach an agreement, the expeditor the
final meeting or conference with the parties.
The expeditor is authorized to award compensatory parenting time under
section 518.175, subdivision 6, and may recommend to the court that the
noncomplying party pay attorney's fees, court costs, and other costs under
section 518.175, subdivision 6, paragraph (d), if the parenting time order has
been violated. The expeditor shall
must make a decision resolving the dispute as soon as possible,
but not later than five days after receiving all information necessary to make
a decision and after shall
not lose retains the authority to make a decision if circumstances
beyond the expeditor's control make it impracticable to meet the five-day
timelines.
(c) Unless the parties mutually agree, the parenting time
expeditor shall must not make a decision that is inconsistent
with an existing parenting time order, but may make decisions interpreting or
clarifying a parenting time order, including the development of a specific
schedule when the existing court order grants "reasonable parenting
time."
(d) The expeditor shall must put an agreement or
decision in writing and provide a copy to the parties. The expeditor may include or omit reasons
for the agreement or decision. An
agreement of the parties or a decision of the expeditor is binding on the
parties unless vacated or modified by the court. If a party does not comply with an agreement of the parties or a
decision of the expeditor, any party may bring a motion with the court and shall
must attach a copy of the parties' written agreement or the
decision of the expeditor. The court
may enforce, modify, or vacate the agreement of the parties or the decision of
the expeditor.
Sec. 34. Minnesota
Statutes 2002, section 518.1752, is amended to read:
518.1752 [GRANDPARENT AND OTHERS; VISITATION.]
In all proceedings During a proceeding for
dissolution or legal separation, after the commencement of the proceeding
or at any time after completion of the proceedings, and continuing during the child's
minority of the child, the court may make an order granting visitation
rights to grandparents under and other individuals as provided by
section 257C.08, subdivision 2.
Sec. 35. Minnesota
Statutes 2002, section 518.176, is amended to read:
518.176 [JUDICIAL SUPERVISION.]
Subdivision 1.
[LIMITS ON PARENT'S AUTHORITY; HEARING.] Except as otherwise agreed by
the parties in writing at the time of the custody order, (a) The
parent with whom the child resides may determine the child's upbringing,
including education, health care, and religious training, unless:
(1) otherwise agreed by the parties in writing at the time
of the custody order; or
(2) upon motion by the other parent, the court after
hearing, finds, upon motion by the other parent, that in the
absence of a specific limitation of the authority of the parent with whom the
child resides, the child's physical or emotional health is likely to be
endangered or the child's emotional development impaired.
Subd. 2. (b) If both parents or all contestants
agree to the order, or if the court finds that in the absence of the order the
child's physical or emotional health is likely to be endangered or the child's
emotional development impaired, the court may order the local social services
agency or the department of court services to exercise continuing supervision
over the case under guidelines established by the court to assure that the
custodial or parenting time terms of the decree are carried out.
Sec. 36. Minnesota
Statutes 2002, section 518.177, is amended to read:
518.177 [NOTIFICATION REGARDING DEPRIVATION OF PARENTAL
RIGHTS LAW.]
Every A court order and judgment and decree
concerning custody of or parenting time or visitation with a minor child shall
must contain the notice set out in section 518.68, subdivision 2.
Sec. 37. Minnesota
Statutes 2002, section 518.178, is amended to read:
518.178 [PARENTING TIME AND SUPPORT REVIEW HEARING.]
Upon motion of either party, the court shall must
conduct a hearing to review compliance with the parenting time and child
support provisions set forth in a decree of dissolution or legal
separation or an order that establishes child custody, parenting time, and
support rights and obligations of parents.
The state court administrator shall must prepare, and each
court administrator shall must make available, simplified pro se
forms for reviewing parenting time and child support disputes. The court may impose any parenting time
enforcement remedy available under sections 518.175 and 518.1751 this
section or section 517B.26, and any support enforcement remedy available
under section 518.551.
Sec. 38. Minnesota
Statutes 2002, section 518.179, subdivision 1, is amended to read:
Subdivision 1. [SEEKING
CUSTODY OR PARENTING TIME.] (a) Notwithstanding any contrary provision
in section 518.17 or 518.175, if a person seeking child custody or
parenting time who has been convicted of a crime described in
subdivision 2, the person seeking custody or parenting time has the
burden to prove that custody or parenting time by that person is in the best
interests of the child if:
(1) the conviction occurred within the preceding five years;
(2) the person is currently incarcerated, on probation, or
under supervised release for the offense; or
(3) the victim of the crime was a family or household member as
defined in section 518B.01, subdivision 2.
(b) If this section applies, the court may not grant
custody or parenting time to the person unless it finds that the custody or
parenting time is in the best interests of the child. If the victim of the crime was a family or household member, the
standard of proof is clear and convincing evidence. A guardian ad litem must be appointed in any case where this
section applies.
Sec. 39. Minnesota
Statutes 2002, section 518.18, is amended to read:
518.18 [MODIFICATION OF ORDER.]
(a) Unless agreed to in writing by the parties, no motion to
modify a custody order or parenting plan may be made earlier than one year
after the date of the entry of a decree of dissolution or legal separation
containing a provision dealing with custody, except in accordance with
paragraph (c).
(b) If a motion for modification has been heard, whether or not
it was granted, unless agreed to in writing by the parties no subsequent
motion may be filed within two years after disposition of the prior motion on
its merits, except:
(1) if otherwise agreed to in writing by the parties; or
(2) in accordance with paragraph (c).
(c) The time limitations prescribed in paragraphs (a) and (b) shall
do not prohibit a motion to modify a custody order or parenting plan if
the court finds that there is persistent and willful denial or interference
with parenting time, or has reason to believe that the child's present
environment may endanger the child's physical or emotional health or impair the
child's emotional development.
(d) If the A court that has jurisdiction
to determine child custody matters, the court shall must not
modify a prior custody order or a parenting plan provision which that
specifies the child's primary residence unless it finds, upon the basis of
facts, including unwarranted denial of, or interference with, a duly
established parenting time schedule, that have arisen since the prior order or
that were unknown to the court at the time of the prior order, that a
change has occurred in the circumstances of the child or the parties and that
the modification is necessary to serve the best interests of the child. The court must make its findings upon the
basis of facts, including unwarranted denial of, or interference with, a duly
established parenting time schedule, that have arisen since the prior order or
that were unknown to the court at the time of the prior order. In applying these standards the court shall
must retain the custody arrangement or the parenting plan provision
specifying the child's primary residence that was established by the prior
order unless:
(i) (1) the court finds that a change in the
custody arrangement or primary residence is in the best interests of the child
and the parties previously agreed, in a writing approved by a court, to apply
the best interests standard in section 518.17 or 257.025, as applicable;
and, with respect to agreements approved by a court on or after
April 28, 2000, both parties were represented by counsel when the
agreement was approved or the court found the parties were fully informed, the
agreement was voluntary, and the parties were aware of its implications;
(ii) (2) both parties agree to the modification;
(iii) (3) the child has been integrated into the
family of the petitioner with the consent of the other party; or
(iv) (4) the child's present environment
endangers the child's physical or emotional health or impairs the child's
emotional development, and the harm likely to be caused by a change of
environment is outweighed by the advantage of a change to the child.
In addition, (e) A court may modify a custody
order or parenting plan under section 631.52.
(e) (f) In deciding whether to modify a prior
joint custody order, the court shall must apply the standards set
forth in paragraph (d) unless:
(1) the parties agree in writing to the application of a
different standard,; or
(2) the party seeking the modification is asking the court for
permission to move the residence of the child to another state.
(f) If a parent has been granted sole physical custody of a
minor and the child subsequently lives with the other parent, and temporary
sole physical custody has been approved by the court or by a court-appointed
referee,
(g) The court may suspend the obligor's child support
obligation pending the a final custody determination if:
(1) the obligee has been granted sole physical custody of a
child;
(2) the child subsequently lives with the obligor; and
(3) a temporary sole custody order has been approved by
the court or a court-approved referee.
The court's A court order
denying the suspension of child support under this paragraph must
include a written explanation of the reasons why continuation of the child
support obligation would be in the best interests of the child.
(h) A party seeking modification of a custody order must
submit with moving papers an affidavit setting forth facts supporting the
requested modification. The party must
give notice and a copy of the affidavit to other parties to the proceeding, who
may file opposing affidavits.
Sec. 40. Minnesota
Statutes 2002, section 518.612, is amended to read:
518.612 [INDEPENDENCE OF PROVISIONS OF DECREE OR TEMPORARY
ORDER.]
Failure by a party to make support payments is not a defense
to:
(1) interference with parenting time; or
(2) without the permission of the court or the other parent,
removing a child from this state.
Interference with parenting time or taking a child from this
state without permission of the court or the other parent is not a defense to
nonpayment of support. If a party fails
to make support payments, interferes with parenting time, or removes a child
from the state without permission of the court or the other parent, the other
party may petition the court for an appropriate order.
(a) An obligor may not assert as a defense to failure to pay
child support that the obligee interfered with parenting time or removed the
child from the state without permission of the obligor or the court.
(b) An obligee may not assert as a defense to interference
with parenting time or removing the child from the state without permission of
the obligor or the court, that the obligor failed to pay child support.
(c) A party may petition the court for an appropriate order
if the other party:
(1) fails to make support payments;
(2) interferes with parenting time; or
(3) removes a child from this state without permission of
the court or the other parent.
Sec. 41. Minnesota
Statutes 2002, section 518.619, is amended to read:
518.619 [CUSTODY OR VISITATION PARENTING TIME;
MEDIATION SERVICES.]
Subdivision 1.
[MEDIATION PROCEEDING.] Except as provided in subdivision 2, if it
appears on the face of the petition or other application for an order or
modification of an order for the child custody of a child
that custody or parenting time is contested, or that any issue pertinent to a
custody or parenting time determination, including parenting time rights, is unresolved,
the matter may be set for mediation of the contested issue prior to before,
concurrent with, or subsequent to the after setting of the
matter for hearing. The purpose of the
mediation proceeding is to reduce acrimony which that may exist
between the parties and to develop an agreement that is supportive of the
child's best interests. The mediator shall
must use best efforts to effect a settlement of the custody or parenting
time dispute, but shall have has no coercive authority.
Subd. 2. [EXCEPTION.]
If the court determines that there is probable cause that one of the parties,
or a child of a party, has been physically or sexually abused by the other
a party, the court shall must not require or refer the
parties to mediation or any other process that requires parties to meet and
confer without counsel, if any, present.
Subd. 3. [MEDIATOR
APPOINTMENT.] In order to participate in a custody mediation, a mediator must
be appointed by the family court. A
mediator must be a member of the professional staff of a family court,
probation department, mental health services agency, or a private mediation
service. The mediator must be on a list
of mediators approved by the court having jurisdiction of the matter, unless
the parties stipulate to a mediator not on the list.
Subd. 4. [MEDIATOR
QUALIFICATIONS.] A mediator who performs mediation in contested child custody
matters shall must meet the following minimum qualifications:
(a) (1) knowledge of the court system and the
procedures used in contested child custody matters;
(b) (2) knowledge of other resources in the
community to which the parties to contested child custody matters can be
referred for assistance;
(c) (3) knowledge of child development, clinical
issues relating to children, the effects of marriage dissolution on children,
and child custody research; and
(d) (4) a minimum of 40 hours of certified
mediation training.
Subd. 5. [RECORDS;
PRIVATE DATA.] Mediation proceedings shall must be conducted in
private. All records of a mediation
proceeding shall be are private and not available as evidence in
an action for marriage dissolution and related proceedings on any issue in
controversy in the dissolution.
Subd. 6. [MEDIATOR
RECOMMENDATIONS.] When the parties have not reached agreement as a result of
the mediation proceeding, the mediator may recommend to the court that an
investigation be conducted under section 518.167, or that other action be taken
to assist the parties to resolve the controversy before a hearing on the
issues. The mediator may not conduct
the investigation or evaluation unless:
(1) the parties agree in a writing, executed after the
termination of mediation, that the mediator may conduct the investigation or
evaluation, or (2) there is no other person reasonably available to conduct the
investigation or evaluation. The
mediator may recommend that mutual restraining orders be issued in appropriate
cases, pending determination of the controversy, to protect the well-being of
the children involved in the controversy.
Subd. 7. [MEDIATION
AGREEMENT.] An agreement reached by the parties as a result of mediation shall
must be discussed by the parties with their attorneys, if any, and. The approved agreement may then be included
in the marital dissolution decree or other stipulation submitted to the
court. An agreement reached by the
parties as a result of mediation may not be presented to the court nor made
enforceable unless the parties and their counsel, if any, consent to its
presentation to the court, and the court adopts the agreement.
Subd. 8. [RULES.] Each
court shall must adopt rules to implement this section, and shall
must compile and maintain a list of mediators.
Sec. 42. Minnesota
Statutes 2002, section 519.11, subdivision 1, is amended to read:
Subdivision 1.
[ANTENUPTIAL CONTRACT.] A man and woman of legal age may enter into an
antenuptial contract or settlement prior to solemnization of marriage which
shall be valid and enforceable if (a) there is a full and fair disclosure of the
earnings and property of each party, and (b) the parties have had an
opportunity to consult with legal counsel of their own choice. An antenuptial contract or settlement made
in conformity with this section may determine what rights each
party has in the nonmarital property, defined in section 518.54, subdivision 5,
clauses (a) (1) to (d) (4), upon dissolution of
marriage, legal separation or after its termination by death and may bar each
other of all rights in the respective estates not so secured to them by their
agreement. This section shall not be
construed to make invalid or unenforceable any antenuptial agreement or
settlement made and executed in conformity with this section because the
agreement or settlement covers or includes marital property, if the agreement
or settlement would be valid and enforceable without regard to this section.
Sec. 43. [REVISOR'S
INSTRUCTION.]
The revisor of statutes must renumber the sections in
Minnesota Statutes listed in column A as indicated in column B and correct
cross-references to those sections throughout Minnesota Statutes and Minnesota
Rules.
A
B
518.003,
subd. 2
517B.01, subd. 5
518.003,
subd. 3
517B.01, subd. 2
518.003,
subd. 4
517B.01, subd. 3
518.003,
subd. 5
517B.01, subd. 4
518.155 517B.02
518.156 517B.13
518.157 517B.06
518.165,
subd. 1
517B.08, subd. 1
518.165,
subd. 2
518B.08, subd. 2
518.165,
subd. 2a
517B.08, subd. 3
518.165,
subd. 3
517B.08, subd. 4
518.166 517B.14
518.167 517B.15
518.168 517B.16
518.1705 517B.28
518.175,
subd. 1
517B.25, subd. 1
518.175,
subd. 1a
517B.25, subd. 2
518.175,
subd. 2
517B.25, subd. 3
518.175,
subd. 3
517B.25, subd. 4
518.175,
subd. 5
517B.25, subd. 6
518.175,
subd. 6
517B.25, subd. 7
518.175,
subd. 8
517B.25, subd. 8
518.1751, subd. 1 517B.26,
subd. 1
518.1751, subd. 1a 517B.26,
subd. 3
518.1751, subd. 1b 517B.26,
subd. 2
518.1751, subd. 2 517B.26,
subd. 6
518.1751, subd. 2a 517B.26,
subd. 7
518.1751, subd. 2b 517B.26,
subd. 4
518.1751, subd. 2c 517B.26,
subd. 5
518.1751, subd. 3 517B.26,
subd. 8
518.1751, subd. 4 517B.26,
subd. 13
518.1751, subd. 4a 517B.26,
subd. 9
518.1751
subd. 5
517B.26, subd. 10
518.1751, subd. 5a 517B.26,
subd. 11
518.1751, subd. 6 517B.26,
subd. 12
518.1752 517B.30
518.176 517B.20
518.177 517B.04
para. (b)
518.178 517B.25,
subd. 5
518.179 517B.09
518.18
517B.21
518.183 517B.27
518.612 517B.10
518.619 517B.07
Sec. 44. [REPEALER.]
Minnesota Statutes 2002, sections 518.17; 518.1752; and
518.185, are repealed.
ARTICLE
4
CHILD
SUPPORT
Section 1. [517C.01]
[TITLE.]
This chapter may be cited as the "Minnesota Child
Support Act."
Sec. 2. [517C.02]
[DEFINITIONS.]
Subdivision 1.
[SCOPE.] The definitions in this section apply to this chapter.
Subd. 2.
[ARREARS.] "Arrears" means amounts owed under a support
order that are past due. Arrears
include:
(1) child support;
(2) the entire amount of court-ordered past support and
pregnancy and confinement expenses if:
(i) the order does not contain repayment terms; or
(ii) the order contains repayment terms and the obligor
fails to comply with the repayment terms; and
(3) attorney fees and any other collection costs addressed
in a support order under section 517C.84.
Subd. 3. [BASIC
SUPPORT.] "Basic support" means the dollar amount ordered for a
child's housing, food, clothing, transportation, and education costs, and other
expenses relating to the child's care.
Basic support does not include monetary contributions for a child's
private school tuition, child care expenses, and medical and dental expenses.
Subd. 4.
[BUSINESS DAY.] "Business day" means a day on which state
offices are open for regular business.
Subd. 5.
[CHILD.] "Child" means an individual under 18 years of age,
an individual under age 20 who is still attending secondary school, or an
individual who, by reason of physical or mental condition, is incapable of
self-support.
Subd. 6. [CHILD SUPPORT.] "Child
support" means an amount for basic support, child care support, and
medical support pursuant to:
(1) an award in a dissolution, legal separation, annulment,
or parentage proceeding for the care, support, and education of a child of the
marriage or of the parties to the proceeding;
(2) a contribution by parents ordered under section 256.87;
or
(3) support ordered under chapter 518B or 518C.
Subd. 7.
[DEPOSIT ACCOUNT.] "Deposit account" means funds deposited
with a financial institution in the form of a savings account, checking
account, NOW account, or demand deposit account.
Subd. 8.
[FINANCIAL INSTITUTION.] "Financial institution" means a
savings association, bank, trust company, credit union, industrial loan and
thrift company, bank and trust company, or savings association, and includes a
branch or detached facility of a financial institution.
Subd. 9.
[OBLIGEE.] "Obligee" means a person to whom payments for
child support are owed.
Subd. 10.
[OBLIGOR.] "Obligor" means a person obligated to pay child
support. A person who is designated as
the sole physical custodian of a child is presumed not to be an obligor for
purposes of calculating current support unless the court makes specific written
findings to overcome this presumption.
For purposes of ordering medical support under section 517C.17, a
custodial parent may be an obligor subject to income withholding under section
517C.17; a cost-of-living adjustment under section 517C.31; and a payment agreement
under section 517C.71.
Subd. 11.
[PAYMENT.] "Payment" means the payment of child support and
related payments required by order of a tribunal, voluntary support, or
statutory fees.
Subd. 12. [PAYOR
OF FUNDS.] "Payor of funds" means a person or entity that provides
funds to an obligor, including an employer as defined under chapter 24 of the
Internal Revenue Code, section 3401(d), an independent contractor, payor of
workers' compensation benefits or unemployment insurance benefits, or a financial
institution as defined in section 13B.06.
Subd. 13.
[PUBLIC AUTHORITY.] "Public authority" means the local unit
of government, acting on behalf of the state, that is responsible for child
support enforcement or the child support enforcement division of the Department
of Human Services.
Subd. 14.
[SUPPORT ORDER.] (a) "Support order" means a judgment,
decree, or order, whether temporary, final, or subject to modification, issued
by a court or administrative agency of competent jurisdiction that:
(1) provides for the support of a child, including a child
who has attained the age of majority under the law of the issuing state, or a
child and the parent with whom the child is living;
(2) provides for basic support, child care, medical support
including expenses for confinement and pregnancy, arrears, or reimbursement;
and
(3) may include related costs and fees, interest and
penalties, income withholding, and other relief.
(b) The definition in paragraph (a) applies to orders issued
under this chapter and chapters 256, 257, and 518C.
Subd. 15. [TRIBUNAL.] "Tribunal" has the
meaning given in section 518C.101.
Subd. 16.
[UNCLAIMED SUPPORT FUNDS.] "Unclaimed support funds" means
any support payments collected by the public authority from the obligor, which
have not been disbursed to the obligee or public authority.
Subd. 17. [IV-D
CASE.] "IV-D case" means a case where a party assigns rights to
child support to the state because the party receives public assistance, as
defined in section 256.741, or applies for child support services under title
IV-D of the Social Security Act, United States Code, title 42, section 654(4).
Sec. 3. [517C.04]
[CHILD SUPPORT ORDERS.]
Subdivision 1.
[ORDER.] (a) Upon dissolution of marriage, legal separation,
annulment, establishment of paternity, or when otherwise required by statute,
the court must order child support as provided by this chapter.
(b) Nothing contained in this chapter limits the power of
the court to make appropriate, adequate orders for the support and education of
a child of the parties to a dissolution, legal separation, or annulment action
if the dissolution, legal separation, or annulment is denied.
Subd. 2.
[PROVISIONS.] Child support orders must provide for general child rearing
costs or basic support and must also specifically address child care costs and
medical care, providing for those costs pursuant to this chapter.
Subd. 3.
[AGREEMENTS.] If the parties stipulate or agree to a child support
order, the court must review the agreement to ensure it serves the best
interests of the child. The Minnesota
Supreme Court may promulgate rules regarding the review of stipulations and
agreements. The court may refuse to
accept or may alter an agreement that does not conform with the requirements of
this chapter or that is otherwise not in the best interests of the child.
Subd. 4.
[SPECIFIC DOLLAR AMOUNT.] (a) The court must order child support in a
specific dollar amount.
(b) The court may order an obligor to pay child support in
the form of a percentage share of the obligor's net bonuses, commissions, or
other forms of compensation, in addition to, or if the obligor receives no base
pay, in lieu of an order for a specific dollar amount.
Subd. 5.
[PREFERENCE FOR MONTHLY PAYMENT.] There is a presumption in favor of
ordering child support in an amount that reflects an obligor's monthly
obligation.
Subd. 6.
[PREFERENCE FOR STATIC PAYMENT.] There is a presumption in favor of
ordering child support so that an obligor makes the same monthly payments
throughout the year, as opposed to payment amounts that fluctuate by season or
month. If the obligor is seasonally
employed, it is generally the obligor's responsibility to budget income
accordingly.
Subd. 7.
[DEPARTURE.] The court may depart from a presumption in subdivision 5
or 6 if:
(1) all parties agree; or
(2) the presumption would impose an extreme hardship on the
obligor and would not be in the best interests of the child.
Subd. 8.
[ACCOUNTING FOR CHILD SUPPORT BY OBLIGEE.] (a) Upon an obligor's
motion, a court may order an obligee to account for the use or disposition of
child support received. The motion must
assert the specific allegations of abuse or misapplication of child support
received and that a child's needs are not being met. If the court
orders a hearing, the court may order an accounting only if the obligor
establishes: (1) the specific allegations of abuse or misapplication of child
support received; (2) that the child's needs are not being met; and (3) that
there is no record or history of domestic abuse, harassment, or violence
between the parties.
(b) If the court orders an accounting under paragraph (a),
the obligee must provide documentation that breaks down monthly expenditures of
child support received into the following categories:
(1) housing and utilities;
(2) food;
(3) transportation;
(4) clothing;
(5) health care;
(6) child care and education; and
(7) miscellaneous.
An obligee may account for
expenditures on housing, utilities, food, and transportation that are
attributable to multiple household members on a per capita basis.
(c) If the court finds that an obligee does not make the
accounting required under paragraph (b) or the obligee does not spend the
entire child support payment on behalf of the child, the court may:
(1) hold the obligee in contempt of court pursuant to this
chapter, Minnesota Statutes, chapter 588, and the Minnesota rules of court;
(2) reduce or eliminate the obligor's child support
obligation;
(3) order the obligee to make future expenditures on behalf
of the child, whether in whole or in part, in a manner that documents the
transaction; or
(4) make any other appropriate order to ensure that the
child's needs are met.
(d) If the court determines that an obligor's motion under
this section is brought in bad faith, the court may award reasonable attorney
fees to the obligee.
Subd. 9. [CHILD
SUPPORT TO BE DISTINGUISHED FROM MAINTENANCE.] In a judgment of dissolution or
legal separation, the court must clearly distinguish between payments ordered
for maintenance and payments ordered for child support. An award of payments from future income or
earnings of the parent with whom the child resides is presumed to be maintenance
and an award of payments from the future income or earnings of the other parent
is presumed to be child support, unless otherwise designated by the court.
Subd. 10. [OTHER
CUSTODIANS.] If a child resides with a person other than a parent and the court
approves of the custody arrangement, the court may order child support payments
to be made to the custodian regardless of whether the person has legal custody.
Subd. 11.
[EITHER PARENT LIABLE; MARITAL MISCONDUCT IRRELEVANT.] The court may
order either or both parents owing a duty of support to a child to pay an
amount reasonable or necessary for the child's support, without regard to
marital misconduct.
Sec. 4. [517C.05]
[TEMPORARY ORDERS.]
Subdivision 1.
[MOTION; SCOPE.] In a child support proceeding a party may, by
motion, request that the court grant a temporary order pending the final
disposition of the proceeding for temporary child support, costs, and
reasonable attorney fees. Additionally,
to facilitate the just and speedy disposition of the proceeding, the court may
require a party to perform or refrain from performing additional acts.
Subd. 2.
[DURATION.] A temporary order continues in full force and effect
until:
(1) it is amended;
(2) it is vacated;
(3) the main action is dismissed; or
(4) a final decree of dissolution, legal separation, or
other final order is entered.
Subd. 3.
[FACTORS.] The court must consider the factors set forth in this
chapter in making temporary orders.
Subd. 4.
[EVIDENCE.] Temporary orders must be made solely on the basis of
affidavits and argument of counsel unless:
(1) a party makes a timely motion or responsive motion to
hear the matter on oral testimony before the court; or
(2) the court, in its discretion, orders the taking of oral
testimony.
Subd. 5.
[LIMITED EFFECT.] A temporary order does not prejudice the rights of
the parties or the child that are to be adjudicated at subsequent hearings in
the proceeding.
Subd. 6.
[REVOCATION; MODIFICATION.] A temporary order may be revoked or
modified by the court before the final disposition of the proceeding upon the
same grounds and subject to the same requirements as the initial granting of
the order.
Sec. 5. [517C.06]
[DETERMINATION OF CONTROLLING ORDER.]
The public authority or a party may request the court to
determine a controlling order when more than one order involving the same
obligor and child exists.
Sec. 6. [517C.07]
[ATTORNEY FEES; COSTS AND DISBURSEMENTS.]
Subdivision 1.
[GENERAL.] (a) Except as provided in section 517C.84, in a proceeding
under this chapter, the court must award attorney fees, costs, and
disbursements in an amount necessary to enable a party to carry on or contest
the proceeding if:
(1) the fees are necessary for the good-faith assertion of
the party's rights in the proceeding and will not contribute unnecessarily to
the length and expense of the proceeding;
(2) the party from whom fees, costs, and disbursements are
sought has the means to pay them; and
(3) the party to whom fees, costs, and disbursements are
awarded does not have the means to pay them.
(b) Fees, costs, and disbursements may be awarded at any
point during or after a proceeding under this chapter, including if a
proceeding is dismissed or abandoned.
(c) The court may assess costs and disbursements against
either party.
Subd. 2.
[UNREASONABLE ACTIONS.] The court may, in its discretion, assess
additional fees, costs, and disbursements against a party who unreasonably
contributes to the length or expense of the proceeding.
Subd. 3.
[COLLECTION.] The court may authorize the collection of money awarded
by execution, or out of property sequestered, or in any other manner within the
power of the court. An award of
attorney fees survives the proceeding.
If the award is not paid by the party directed to pay it, the award may
be enforced as provided by this subdivision or by a separate civil action
brought in the attorney's own name.
Sec. 7. [517C.10]
[EXCHANGE OF INFORMATION.]
Subdivision 1.
[DOCUMENTATION.] (a) The parties must timely serve and file
documentation of earnings and income.
When there is a prehearing conference, the court must receive the
documentation at least ten days before the prehearing conference.
(b) Documentation of earnings and income includes, but is
not limited to, pay stubs for the most recent three months, employer
statements, or statement of receipts and expenses if self-employed. Documentation of earnings and income also
includes copies of each parent's most recent federal tax returns, W-2 forms,
1099 forms, unemployment insurance benefits statements, workers' compensation
statements, and all other documents evidencing the receipt of income that
provide verification of income over a longer period.
Subd. 2. [EXCHANGE
OF TAX RETURNS.] At any time after a party commences an action seeking child
support or when a child support order is in effect, a party or the public
authority may require the other party to give them a copy of the other party's
most recent federal tax returns that were filed with the Internal Revenue
Service. The party must provide a copy
of the tax returns within 30 days of receiving the request unless the request
is not made in good faith. A party may
not make a request under this subdivision more than once every two years, in
the absence of good cause.
Subd. 3. [NOTICE
OF ADDRESS OR RESIDENCE CHANGE.] An obligor must notify other parties of a
change of address or residence within 60 days of the address or residence
change.
Subd. 4. [NOTICE
TO PUBLIC AUTHORITY; PUBLIC ASSISTANCE.] The petitioner must notify the
public authority of all proceedings for dissolution, legal separation,
determination of parentage, or for the custody of a child, if either party is
receiving public assistance or applies for it subsequent to the commencement of
the proceeding. The notice must contain
the full names of the parties to the proceeding, their social security account
numbers, and their birth dates.
Subd. 5.
[FAILURE OF NOTICE.] If the court in a dissolution, legal separation,
or determination of parentage proceeding, finds before issuing the order for
judgment and decree, that notification has not been given to the public
authority, the court must set child support according to the guidelines in this
chapter. In those proceedings in which
no notification has been made pursuant to this section and in which the public
authority determines that the judgment is lower than the child support required
by the guidelines in this chapter, it must move the court for a redetermination
of the support payments ordered so that the support payments comply with the
guidelines.
Sec. 8. [517C.11]
[PRIVACY PROTECTION; PERSONAL PROTECTION.]
Subdivision 1.
[SOCIAL SECURITY NUMBERS; TAX RETURNS.] The social security numbers
and tax returns required under this chapter are not accessible to the public,
except that they must be disclosed to the other parties to a proceeding as
provided in section 517C.10.
Subd. 2.
[MODIFICATION OF CERTAIN REQUIREMENTS.] The court may waive, modify,
or limit the information exchange requirements of this chapter by order if
necessary to protect a party from contact by another party.
Subd. 3. [ACCESS
TO ADDRESS FOR SERVICE OF PROCESS.] (a) If the public authority is a party
or is providing services in a child support case, a party may obtain an ex
parte order under this subdivision. The
party may obtain an ex parte order requiring the public authority to serve
legal documents on the other party by mail if the party submits a sworn affidavit
to the court stating that:
(1) the party needs to serve legal process in a support
proceeding and does not have access to the address of the other party;
(2) the party has made reasonable efforts to locate the
other party; and
(3) the other party is not represented by counsel.
(b) The public authority must serve legal documents provided
by the moving party at the last known address of the other party upon receipt
of a court order under paragraph (a).
The public authority must provide for appropriate service and must
certify to all parties the date of service by mail. The public authority's proof of service must not include the
place or address of service.
(c) The state court administrator must prepare and make
available forms for use in seeking access to an address under this subdivision.
Sec. 9. [517C.12]
[INCOME.]
Subdivision 1.
[DEFINITION.] For purposes of calculating child support under this
chapter, "income" means gross income.
Subd. 2.
[SOURCES.] For purposes of this chapter, income includes any form of
periodic payment to an individual including, but not limited to:
(1) wages;
(2) salaries;
(3) payments to an independent contractor;
(4) workers' compensation;
(5) unemployment insurance benefits;
(6) annuity;
(7) military and naval retirement;
(8) pension and disability payments; and
(9) in-kind payments received by the obligor in the course
of employment, self-employment, or operation of a business if the payments
reduce the obligor's living expenses.
Subd. 3.
[COMMISSIONS; BONUSES.] If the court finds that a party's commissions
or bonuses are reliable and predictable, the court may include them in income
calculations.
Subd. 4.
[SELF-EMPLOYMENT; INDEPENDENT CONTRACTORS.] Income from self-employment
is equal to gross receipts minus ordinary and necessary expenses. Ordinary and necessary expenses include what
would otherwise be the employer's share of the contributions under the Federal
Insurance Contributions Act (FICA), United States Code, title 26, subtitle C,
chapter 21, subchapter A, sections 3101 to 3126. Ordinary and necessary expenses do not necessarily include
amounts allowed by the Internal Revenue Service for accelerated depreciation
expenses or investment tax credits or any other business expenses determined by
the court to be inappropriate for determining income for purposes of child
support. The person seeking to deduct
an expense, including depreciation, has the burden of proving, if challenged,
that the expense is ordinary and necessary.
Income calculated under this section may be different from taxable
income.
Subd. 5. [PUBLIC
ASSISTANCE EXCLUSIONS.] Benefits received under chapter 256J and Title IV-A
of the Social Security Act are not income under this section.
Subd. 6.
[OVERTIME.] (a) Income does not include compensation received by a
party for employment in excess of a 40-hour work week if:
(1) the excess employment is not within the normal range of
hours worked, given the party's employment history;
(2) the excess employment is voluntary and not a condition
of employment;
(3) the excess employment is in the nature of additional,
part-time, or overtime employment compensable by the hour or fraction of an
hour; and
(4) the party's compensation structure has not been changed
for the purpose of affecting a child support obligation.
(b) The court may presume that a party with seasonal or
intermittent income who works periods in excess of a 40-hour work week, but who
works a substantially normal number of hours over the course of a year, is
working within the normal range of hours worked.
Subd. 7. [INCOME
OF A SPOUSE OR OTHER HOUSEHOLD MEMBER.] (a) Income must not include the
income of a party's spouse or other household member. The court must not consider the income or resources provided by a
spouse or other household member when determining all the earnings, income, and
resources of a parent under sections 517C.25 to 517C.29.
(b) Notwithstanding paragraph (a), the court may issue an
order permitting discovery of a spouse's or other household member's income
information if there is probable cause to believe the spouse or other household
member is being used to shelter income from a party. If the court finds that income was improperly or unfairly sheltered,
it may impute income to the party or otherwise adjust the support amount in a
just and proper manner. However, the
court may not under any circumstances consider income or resources properly
attributable to a spouse or other household member when setting support.
Subd. 8.
[PRIOR SUPPORT OR MAINTENANCE ORDERS.] The amount of a support or
maintenance order, not including orders for support or maintenance debts or
arrears, must be deducted from income.
Subd. 9.
[LEGALLY DEPENDENT CHILD.] (a) For purposes of this subdivision, a
"legally dependent child" means a child:
(1) whose primary residence is with a parent eligible for a
deduction from income under this subdivision;
(2) whom the parent has the legal duty to support;
(3) who is not a subject of the current child support
action;
(4) for whom the parent is not ordered to pay child support;
and
(5) for whom no other person has court-ordered sole physical
custody.
(b) The court must deduct an amount from a parent's income
for a legally dependent child. The
amount deducted from income for each legally dependent child must be computed
using the following method:
(1) determine 120 percent of the federal poverty guidelines
for a family size equal to two parents plus each legally dependent child;
(2) divide the amount determined under clause (1) by the
family size determined under clause (1);
(3) multiply the amount calculated under clause (2) by the
number of legally dependent children; and
(4) divide the amount calculated under clause (3) by two to
determine the deduction amount for one parent.
The amount determined for one parent must be divided by 12 to determine
the amount of the deduction from a parent's monthly income.
(c) The commissioner of human services must publish a table
listing the amount of the deduction for each legally dependent child by family
size and must update the table for changes to the federal poverty guidelines by
July 1 of each year.
Sec. 10. [517C.13]
[IMPUTED INCOME.]
Subdivision 1.
[NONAPPEARANCE OF A PARENT.] If a parent under the jurisdiction of
the court does not appear at a court hearing after proper notice of the time
and place of the hearing, the court must set income for that parent based on
credible evidence before the court or in accordance with subdivision 3. Credible evidence may include documentation
of current or recent income, testimony of the other parent concerning recent
earnings and income levels, and the parent's wage reports filed with the
Minnesota Department of Economic Security under section 268.044.
Subd. 2.
[VOLUNTARY UNEMPLOYMENT OR UNDEREMPLOYMENT.] (a) The principles of
income imputation apply equally to both parents.
(b) If the court finds that a parent is voluntarily
unemployed or underemployed or was voluntarily unemployed or underemployed
during the period for which past support is being sought, a court must
calculate support based on a determination of imputed income.
(c) A parent is not considered voluntarily unemployed or
underemployed upon a showing by the parent that:
(1) the unemployment or
underemployment is temporary and will ultimately lead to an increase in income;
(2) the unemployment or underemployment represents a bona
fide career change that outweighs the adverse effect of that parent's
diminished income on the child;
(3) the parent is a recipient of public assistance under
section 256.741; or
(4) the parent is physically or mentally incapacitated.
(d) Imputed income means the estimated earning ability of a
parent based on the parent's prior earnings history, education, and job skills,
and on availability of jobs within the community for an individual with the
parent's qualifications.
Subd. 3.
[INSUFFICIENT INFORMATION.] If there is insufficient information to
determine actual income or to impute income pursuant to subdivision 1 or 2, the
court may calculate support based on full-time employment of 40 hours per week
at 150 percent of the federal minimum wage or the Minnesota minimum wage,
whichever is higher.
Subd. 4. [PARENT
PROVIDING AT-HOME CHILD CARE.] If a parent stays home to care for a child
who is the subject of the child support order, the court must consider the
following factors when determining whether the parent is voluntarily unemployed
or underemployed:
(1) the parties' parenting and child care arrangements
before the child support action;
(2) the stay-at-home parent's employment history, including
recency of employment and earnings, and the availability of jobs within the
community for an individual with the parent's qualifications;
(3) the relationship between the employment-related
expenses, including child care, transportation costs, suitable clothing, and
other items required for the parent to be employed, and the income the
stay-at-home parent could receive from available jobs within the community for
an individual with the parent's qualifications;
(4) the child's age and health, including whether the child
is physically or mentally disabled; and
(5) the availability of appropriate child care providers.
Sec. 11. [517C.14]
[PRESUMPTIVE CHILD SUPPORT ORDER; GENERAL.]
Subdivision 1.
[REBUTTABLE PRESUMPTION.] The guidelines in sections 517C.12 to
517C.18 are a rebuttable presumption and must be used in all cases when
establishing or modifying child support.
Subd. 2.
[CHILD'S INSURANCE BENEFIT.] In establishing or modifying child
support, if a child receives a child's insurance benefit under United States
Code, title 42, section 402, because the obligor is entitled to old age or
disability insurance benefits, the amount of support ordered must be offset by
the amount of the child's benefit. The
court must make findings regarding the obligor's income from all sources, the
child support amount calculated under this chapter, the amount of the child's
benefit, and the obligor's child support obligation. A benefit received by the child in a given month in excess of the
child support obligation must not be treated as a payment of arrears or a
future payment.
Sec. 12. [517C.15] [BASIC SUPPORT.]
Subdivision 1.
[BASIC SUPPORT; SCHEDULE.] (a) Unless otherwise agreed to by the
parents and approved by the court, the court must order that basic support be
divided between the parents based on their proportionate share of the parents'
combined monthly income, as determined under section 517C.12.
(b) For parents with a combined monthly income less than or
equal to 100 percent of the federal poverty guidelines amount for two people,
the commissioner of human services must determine the percentages in this
paragraph by taking two times the minimum basic support amount under section
517C.18, subdivision 2, divided by 100 percent of the federal poverty
guidelines amount for two people. For
all other parents, basic support must be computed using the following schedule,
prepared based on 2001 United States Department of Agriculture expenditure
data:
Parents'
Number of Children
Combined
Monthly
Income One Two Three Four Five Six
Below $1,000
10.0% 16.1% 18.6% 21.6% 25.1% 29.1%
$1,000 - $1,499
10.0% 16.1% 18.6% 21.6% 25.1% 29.1%
$1,500 - $1,999
19.4% 31.3% 36.2% 42.0% 48.7% 56.5%
$2,000 - $2,499
28.7% 46.3% 53.5% 62.1%
72.0% 83.5%
$2,500 - $2,999
25.0% 40.3% 46.5% 53.9% 62.6% 72.6%
$3,000 - $3,499
22.5% 36.3% 41.9% 48.6% 56.4% 65.4%
$3,500 - $3,999
20.7% 33.4% 38.5% 44.7% 51.8% 60.1%
$4,000 - $4,499
19.4% 31.2% 36.1% 41.9% 48.6% 56.3%
$4,500 - $4,999
18.3% 29.6% 34.1% 39.6% 45.9% 53.2%
$5,000 - $5,499
17.5% 28.2% 32.6% 37.8% 43.9% 50.9%
$5,500 - $5,999
16.8% 27.1% 31.3% 36.3% 42.1% 48.9%
$6,000 - $6,400
16.2% 26.2% 30.2% 35.0% 40.6% 47.1%
$6,500 - $6,999
15.8% 25.4% 29.3% 34.0% 39.4% 45.7%
$7,000 - $7,499
15.4% 24.8% 28.6% 33.2% 38.5% 44.6%
$7,500 - $7,999
15.0% 24.2% 27.9% 32.4% 37.5% 43.5%
$8,000 - $8,499
14.7% 23.7% 27.3% 31.7% 36.7% 42.6%
$8,500 - $8,999
14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
$9,000 - $9,499
14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
$9,500 - $9,999
14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
$10,000 - $10,499 14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
$10,500 - $10,999 14.4% 23.3%
26.8% 31.1% 36.1% 41.8%
$11,000 - $11,499 14.4% 23.3%
26.8% 31.1% 36.1% 41.8%
$11,500 - $11,999 14.4% 23.3%
26.8% 31.1% 36.1% 41.8%
$12,000 - $12,499 14.4% 23.3%
26.8% 31.1% 36.1% 41.8%
$12,500 - $12,999 14.4% 23.3%
26.8% 31.1% 36.1% 41.8%
$13,000 - $13,499 14.4% 23.3%
26.8% 31.1% 36.1% 41.8%
$13,500 - $13,999 14.4% 23.3%
26.8% 31.1% 36.1% 41.8%
$14,000 - $14,499 14.4% 23.3%
26.8% 31.1% 36.1% 41.8%
$14,500 - $14,999 14.4% 23.3%
26.8% 31.1% 36.1% 41.8%
$15,000 or the amount
in effect under subd. 4 14.4% 23.3% 26.8% 31.1% 36.1% 41.8%
(c) The commissioner of human
services must compute and publish a schedule of basic support amounts
calculated using the percentages in paragraph (b). The schedule must show basic support amounts for combined monthly
income increments of not more than $100.
The commissioner must determine the percentages for each income
increment by interpolating between the percentages in paragraph (b). The commissioner may disregard a fractional
part of a dollar unless it amounts to 50 cents or more, in which case the
commissioner may increase the amount by $1.
Subd. 2.
[SEPARATE HOUSEHOLD ADJUSTMENT.] After determining each parent's
basic support under subdivision 1, the court must reduce the basic support of
each parent by 20 percent.
Subd. 3. [JOINT
PHYSICAL CUSTODY.] (a) If the parents' parenting time approximates joint
physical custody, an obligor's basic support obligation is 50 percent of the
difference between the parents' basic support obligation, as determined under
subdivision 1.
(b) A parenting time division approximates joint physical
custody if each parent provides, or is responsible for providing, care at least
45 percent of the days in a year.
(c) For purposes of this subdivision, the following
principles apply:
(1) the label given to a custody arrangement is not
determinative;
(2) the actual division of parenting time controls; and
(3) an overnight stay presumptively constitutes a day of
caregiving.
(d) The court must make specific findings in support of an
adjustment to an obligor's basic support obligation under this subdivision.
Subd. 4. [INCOME
CAP ON DETERMINING BASIC SUPPORT.] (a) The basic support obligation for
parents with a combined monthly income in excess of the income limit currently
in effect under subdivision 1 must be the same dollar amount as provided for
parents with a combined monthly income equal to the income limit in effect
under subdivision 1.
(b) A court may order a basic support obligation in a child
support order in an amount that exceeds the income limit in subdivision 1 if it
finds that a child has a disability or other substantial, demonstrated need for
the additional support and that the additional support will directly benefit
the child.
(c) The dollar amount for the cap in subdivision 1 must be
adjusted on July 1 of every even-numbered year to reflect cost-of-living
changes. The Supreme Court must select
the index for the adjustment from the indices listed in section 517C.31. The state court administrator must make the
changes in the dollar amounts required by this paragraph available to courts
and the public on or before April 30 of the year in which the amount is to
change.
Subd. 5. [MORE
THAN SIX CHILDREN.] If a child support proceeding involves more than six
children, the court may derive a support order without specifically following
the guidelines. However, the court must
consider the basic principles encompassed by the guidelines and must consider
both parents' needs, resources, and circumstances.
Subd. 6. [REPORT
TO LEGISLATURE.] By January 15 each year, the commissioner of human services
must submit a report to the legislature on the basic support schedule. The report must include the following:
(1) information on any changes to the
United States Department of Agriculture expenditure data used in constructing
the basic support schedule under subdivision 1;
(2) information on any new sources of economic data that
could be used to construct a basic support schedule; and
(3) a summary of any problems or concerns with implementing
or applying the basic support schedule, and recommendations on how to resolve
those problems or concerns.
Sec. 13. [517C.16]
[CHILD CARE SUPPORT.]
Subdivision 1.
[CHILD CARE COSTS.] Unless otherwise agreed to by the parties and
approved by the court, the court must order that the child care costs be
divided between the obligor and obligee based on their proportionate share of
the parties' combined monthly income, as determined under section 517C.12.
Subd. 2.
[LOW-INCOME OBLIGOR.] (a) If the obligor's income as determined under
section 517C.12 meets the income eligibility requirements for child care
assistance under the basic sliding fee program under chapter 119B, the court
must order the obligor to pay the lesser of the following amounts:
(1) the amount of the obligor's monthly co-payment for child
care assistance under the basic sliding fee schedule established by the
commissioner of children, families, and learning under chapter 119B, based on
an obligor's monthly gross income as determined under section 517C.12 and the
size of the obligor's household. For
purposes of this subdivision, the obligor's household includes the obligor and
the number of children for whom child support is being ordered; or
(2) the amount of the obligor's child care obligation under
subdivision 1.
(b) The commissioner of human services must publish a table
with the child care assistance basic sliding fee amounts and update the table
for changes to the basic sliding fee schedule by July 1 of each year.
Subd. 3.
[DETERMINING COSTS.] (a) The court must require verification of
employment or school attendance and documentation of child care expenses from
the obligee and the public authority, if applicable.
(b) If child care expenses fluctuate during the year because
of the obligee's seasonal employment or school attendance or extended periods
of parenting time with the obligor, the court must determine child care
expenses based on an average monthly cost.
(c) The amount allocated for child care expenses is
considered child support but is not subject to a cost-of-living adjustment
under section 517C.31.
(d) The court may allow the parent with whom the child does
not reside to care for the child while the parent with whom the child resides
is working or attending school, as provided in section 517B.25, subdivision
8. Allowing the parent with whom the
child does not reside to care for the child under section 517B.25, subdivision
8, is not a reason to deviate from the guidelines.
Subd. 4. [CHANGE
IN CHILD CARE.] (a) When a court order provides for child care expenses and
the public authority provides child support enforcement services, the public
authority must suspend collecting the amount allocated for child care expenses
when: (1) either party informs the
public authority that no child care costs are being incurred; and (2) the public
authority verifies the accuracy of the information. The public authority will resume collecting child care expenses
when either party provides information that child care costs have resumed.
(b) If the parties provide conflicting information to the
public authority regarding whether child care expenses are being incurred, the
public authority will continue or resume collecting child care expenses. Either party, by motion to the court, may
challenge the suspension or resumption of the collection of child care
expenses. If the public authority
suspends collection activities for the amount allocated for child care
expenses, all other provisions of the court order remain in effect.
(c) In cases where there is a substantial increase or
decrease in child care expenses, the parties may modify the order under section
517C.31.
Sec. 14. [517C.17]
[MEDICAL SUPPORT.]
Subdivision 1.
[DEFINITIONS.] The definitions in this subdivision apply to this
chapter.
(a) "Health care coverage" means health care
benefits that are provided by a health plan. Health care coverage does not
include any form of medical assistance under chapter 256B or MinnesotaCare
under chapter 256L.
(b) "Health carrier" means a carrier as defined in
sections 62A.011, subdivision 2, and 62L.02, subdivision 16.
(c) "Health plan" means a plan meeting the
definition under section 62A.011, subdivision 3, a group health plan governed
under the federal Employee Retirement Income Security Act of 1974 (ERISA), a
self-insured plan under sections 43A.23 to 43A.317 and 471.617, or a policy,
contract, or certificate issued by a community-integrated service network
licensed under chapter 62N. Health plan
includes plans: (1) provided on an
individual and group basis, (2) provided by an employer or union, (3) purchased
in the private market, and (4) available to a person eligible to carry
insurance for the child. Health plan
includes a plan providing for dependent-only, dental, or vision coverage and a
plan provided through a party's spouse or parent.
(d) "Medical support" means providing health care
coverage for a child by carrying health care coverage for the child or by
contributing to the cost of health care coverage, public coverage, unreimbursed
medical expenses, and uninsured medical expenses of the child.
(e) "National medical support notice" means an
administrative notice issued by the public authority to enforce health
insurance provisions of a support order in accordance with Code of Federal
Regulations, title 45, section 303.32, in cases where the public authority provides
support enforcement services.
(f) "Public coverage" means health care benefits
provided by any form of medical assistance under chapter 256B or MinnesotaCare
under chapter 256L.
(g) "Uninsured medical expenses" means a child's
reasonable and necessary health-related expenses if the child is not covered by
a health plan or public coverage when the expenses are incurred.
(h) "Unreimbursed medical expenses" means a
child's reasonable and necessary health-related expenses if a child is covered by
a health plan or public coverage and the plan or coverage does not pay for the
total cost of the expenses when the expenses are incurred. Unreimbursed medical expenses do not include
the cost of premiums. Unreimbursed
medical expenses include, but are not limited to, deductibles, co-payments, and
expenses for orthodontia, prescription eyeglasses and contact lenses, and
over-the-counter medicine.
Subd. 2.
[ORDER.] (a) A completed national medical support notice issued by
the public authority or a court order that complies with this section is a
qualified medical child support order under the federal Employee Retirement
Income Security Act of 1974 (ERISA), United States Code, title 29, section
1169(a).
(b) Every order addressing child support must state:
(1) the names, last known addresses, and social security
numbers of the parents and the child that is a subject of the order unless the
court prohibits the inclusion of an address or social security number and
orders the parents to provide the address and social security number to the
administrator of the health plan;
(2) whether appropriate health care coverage for the child
is available and, if so, state:
(i) which party must carry health care coverage;
(ii) the cost of premiums and how the cost is allocated
between the parties;
(iii) how unreimbursed expenses will be allocated and
collected by the parties; and
(iv) the circumstances, if any, under which the obligation
to provide health care coverage for the child will shift from one party to the
other;
(3) if appropriate health care coverage is not available for
the child, whether a contribution for medical support is required; and
(4) whether the amount ordered for medical support is
subject to a cost-of-living adjustment under section 517C.31.
Subd. 3.
[DETERMINING APPROPRIATE HEALTH CARE COVERAGE.] (a) In determining
whether a party has appropriate health care coverage for the child, the court
must evaluate the health plan using the following factors:
(1) accessible coverage.
Dependent health care coverage is accessible if the covered child can
obtain services from a health plan provider with reasonable effort by the
parent with whom the child resides.
Health care coverage is presumed accessible if:
(i) primary care coverage is available within 30 minutes or
30 miles of the child's residence and specialty care coverage is available
within 60 minutes or 60 miles of the child's residence;
(ii) the coverage is available through an employer and the
employee can be expected to remain employed for a reasonable amount of time;
and
(iii) no preexisting conditions exist to delay coverage
unduly;
(2) comprehensive coverage.
Dependent health care coverage is comprehensive if it includes, at a
minimum, medical and hospital coverage and provides for preventive, emergency,
acute, and chronic care. If both
parties have health care coverage that meets the minimum requirements, the
court must determine which health care coverage is more comprehensive by
considering whether the coverage includes:
(i) basic dental coverage;
(ii) orthodontia;
(iii) eyeglasses;
(iv) contact lenses;
(v) mental health services; or
(vi) substance abuse treatment;
(3) affordable coverage.
Dependent health care coverage is affordable if a party's gross income
is 150 percent of the federal poverty guidelines or more and the party's
contribution to the health care coverage premium does not exceed five percent
of the party's gross income. If a
party's gross income is less than 150 percent of the federal poverty
guidelines, it is presumed that the party is unable to contribute to the cost
of health care coverage unless health care is available at no or low cost to
that party; and
(4) the child's special medical needs, if any.
(b) If both parties have health care coverage available for
a child, and the court determines under paragraph (a), clauses (1) and (2),
that the available coverage is comparable with regard to accessibility and
comprehensiveness, the least costly health care coverage is the appropriate
health care coverage for the child.
Subd. 4.
[ORDERING HEALTH CARE COVERAGE.] (a) If a child is presently enrolled
in health care coverage, the court must order that the parent who currently has
the child enrolled continue that enrollment unless the parties agree otherwise
or a party requests a change in coverage and the court determines that other
health care coverage is more appropriate.
(b) If a child is not presently enrolled in health care
coverage, upon motion of a party or the public authority, the court must
determine whether one or both parties have appropriate health care coverage for
the child and order the party with appropriate health care coverage available
to carry the coverage for the child.
(c) If only one party has appropriate health care coverage
available, the court must order that party to carry the coverage for the child.
(d) If both parties have appropriate health care coverage
available, the court must order the parent with whom the child resides to carry
the coverage for the child, unless:
(1) either party expresses a preference for coverage
available through the parent with whom the child does not reside;
(2) the parent with whom the child does not reside is
already carrying dependent health care coverage for other children and the cost
of contributing to the premiums of the other parent's coverage would cause the
parent with whom the child does not reside extreme hardship; or
(3) the parents agree to provide coverage and agree on the
allocation of costs.
(e) If the exception in paragraph (d), clause (1) or (2)
applies, the court must determine which party has the most appropriate coverage
available and order that party to carry coverage for the child. If the court determines under subdivision 3,
paragraph (a), clauses (1) and (2), that the parties' health care coverage for
the child is comparable with regard to accessibility and comprehensiveness, the
court must order the party with the least costly health care coverage to carry coverage
for the child.
(f) If neither party has appropriate health care coverage
available, the court must order the parent with whom the child does not reside
to contribute toward the cost of public coverage for the child or the child's
uninsured medical expenses in an amount equal to the lesser of:
(1) five percent of gross income; or
(2) the monthly amount the parent with whom the child does
not reside would pay for the child's premiums if the parent's income meets the
eligibility requirements for public coverage.
For purposes of determining the premium amount, a parent's household
size is equal to the parent plus the child who is the subject of the child
support order. The court may order the
parent with whom the child resides to apply for public coverage for the child.
(g) The commissioner of human services must publish a table
with the premium schedule for public coverage and update the chart for changes
to the schedule by July 1 of each year.
Subd. 5.
[MEDICAL SUPPORT COSTS; UNREIMBURSED AND UNINSURED MEDICAL EXPENSES.] (a)
Unless otherwise agreed to by the parties and approved by the court, the court
must order that the cost of health care coverage and all unreimbursed and
uninsured medical expenses be divided between the obligor and obligee based on
their proportionate share of the parties' combined monthly income, as
determined under section 517C.12.
(b) If a party owes a child support obligation for a child
and is ordered to carry health care coverage for the child, and the other party
is ordered to contribute to the carrying party's cost for coverage, the
carrying party's child support payment must be reduced by the amount of the
contributing party's contribution.
(c) If a party owes a child support obligation for a child
and is ordered to contribute to the other party's cost for carrying health care
coverage for the child, the contributing party's child support payment must be
increased by the amount of the contribution.
(d) If a party's obligation for health care coverage premiums
is greater than five percent of the party's gross income, the court may order
the other party to contribute more for the cost of the premiums, if doing so
would not result in extreme hardship to that party. If an additional contribution causes a party extreme hardship,
the court must order the obligor to contribute the lesser of the two amounts
under subdivision 4, paragraph (f).
(e) If the party ordered to carry health care coverage for
the child already carries dependent health care coverage for other dependents
and would incur no additional premium costs to add the child to the existing
coverage, the court must not order the other party to contribute to the premium
costs for coverage of the child.
(f) If a party ordered to carry health care coverage for the
child does not already carry dependent health care coverage but has other
dependents who may be added to the ordered coverage, the full premium costs of
the dependent health care coverage must be allocated between the parties in
proportion to the party's share of the parties' combined income, unless the
parties agree otherwise.
(g) If a party ordered to carry health care coverage for the
child is required to enroll in a health plan so that the child can be enrolled
in dependent health care coverage under the plan, the court must allocate the
costs of the dependent health care coverage between the parties. The costs of the health care coverage for
the party ordered to carry the coverage for the child must not be allocated
between the parties.
Subd. 6. [NOTICE
OR COURT ORDER SENT TO PARTY'S EMPLOYER, UNION, OR HEALTH CARRIER.] (a) The
public authority must forward a copy of the national medical support notice or
court order for health care coverage to the party's employer within two business
days after the date the party is entered into the work reporting system under
section 256.998.
(b) The public authority or a party seeking to enforce an
order for health care coverage must forward a copy of the national medical
support notice or court order to the obligor's employer or union, or to the
health carrier under the following circumstances:
(1) the party ordered to carry health care coverage for
the child fails to provide written proof to the other party or the public
authority, within 30 days of the effective date of the court order, that the
party has applied for health care coverage for the child;
(2) the party seeking to enforce the order or the public
authority gives written notice to the party ordered to carry health care coverage
for the child of its intent to enforce medical support. The party seeking to enforce the order or
public authority must mail the written notice to the last known address of the
party ordered to carry health care coverage for the child; and
(3) the party ordered to carry health care coverage for the
child fails, within 15 days after the date on which the written notice under
clause (2) was mailed, to provide written proof to the other party or the
public authority that the party has applied for health care coverage for the
child.
(c) The public authority is not required to forward a copy
of the national medical support notice or court order to the obligor's employer
or union, or to the health carrier, if the court orders health care coverage
for the child that is not employer-based or union-based coverage.
Subd. 7.
[EMPLOYER OR UNION REQUIREMENTS.] (a) An employer or union must
forward the national medical support notice or court order to its health plan
within 20 business days after the date on the national medical support notice
or after receipt of the court order.
(b) Upon determination by an employer's or union's health
plan administrator that a child is eligible to be covered under the health
plan, the employer or union and health plan must enroll the child as a
beneficiary in the health plan, and the employer must withhold any required
premiums from the income or wages of the party ordered to carry health care
coverage for the child.
(c) If enrollment of the party ordered to carry health care
coverage for a child is necessary to obtain dependent health care coverage
under the plan, and the party is not enrolled in the health plan, the employer
or union must enroll the party in the plan.
(d) Enrollment of dependents and, if necessary, the party
ordered to carry health care coverage for the child must be immediate and not
dependent upon open enrollment periods.
Enrollment is not subject to the underwriting policies under section
62A.048.
(e) Failure of the party ordered to carry health care
coverage for the child to execute any documents necessary to enroll the
dependent in the health plan does not affect the obligation of the employer or
union and health plan to enroll the dependent in a plan. Information and authorization provided by
the public authority, or by a party or guardian, is valid for the purposes of
meeting enrollment requirements of the health plan.
(f) An employer or union that is included under the federal
Employee Retirement Income Security Act of 1974 (ERISA), United States Code,
title 29, section 1169(a), may not deny enrollment to the child or to the
parent if necessary to enroll the child based on exclusionary clauses described
in section 62A.048.
(g) A new employer or union of a party who is ordered to
provide health care coverage for a child must enroll the child in the party's
health plan as required by a national medical support notice or court order.
Subd. 8. [HEALTH
PLAN REQUIREMENTS.] (a) If a health plan administrator receives a completed
national medical support notice or court order, the plan administrator must
notify the parties, and the public authority if the public authority provides
support enforcement services, within 40 business days after the date of the
notice or after receipt of the court order, of the following:
(1) whether coverage is available to
the child under the terms of the health plan and, if not, the reason why
coverage is not available;
(2) whether the child is covered under the health plan;
(3) the effective date of the child's coverage under the
health plan; and
(4) what steps, if any, are required to effectuate the
child's coverage under the health plan.
(b) If the employer or union offers more than one plan and
the national medical support notice or court order does not specify the plan to
be carried, the plan administrator must notify the parents and the public
authority if the public authority provides support enforcement services. When there is more than one option available
under the plan, the public authority, in consultation with the parent with whom
the child resides, must promptly select from available plan options.
(c) The plan administrator must provide the parents and
public authority, if the public authority provides support enforcement
services, with a notice of the child's enrollment, description of the coverage,
and any documents necessary to effectuate coverage.
(d) The health plan must send copies of all correspondence
regarding the health care coverage to the parents.
(e) An insured child's parent's signature is a valid
authorization to a health plan for purposes of processing an insurance
reimbursement payment to the medical services provider or to the parent, if
medical services have been prepaid by that parent.
Subd. 9.
[EMPLOYER OR UNION LIABILITY.] (a) An employer or union that
willfully fails to comply with the order or notice is liable for any uninsured
medical expenses incurred by the dependents while the dependents were eligible
to be enrolled in the health plan and for any other premium costs incurred
because the employer or union willfully failed to comply with the order or
notice.
(b) An employer or union that fails to comply with the order
or notice is subject to a contempt finding, a $250 civil penalty under section
517C.57, and is subject to a civil penalty of $500 to be paid to the party
entitled to reimbursement or the public authority. Penalties paid to the public authority are designated for child
support enforcement services.
Subd. 10.
[CONTESTING ENROLLMENT.] (a) A party may contest a child's enrollment
in a health plan on the limited grounds that the enrollment is improper due to
mistake of fact or that the enrollment meets the requirements of section
517C.26.
(b) If the party chooses to contest the enrollment, the
party must do so no later than 15 days after the employer notifies the party of
the enrollment by doing the following:
(1) filing a motion in district court or according to
section 484.702 and the expedited child support process rules if the public
authority provides support enforcement services;
(2) serving the motion on the other party and public
authority if the public authority provides support enforcement services; and
(3) securing a date for the matter to be heard no later than
45 days after the notice of enrollment.
(c) The enrollment must remain in place while the party
contests the enrollment.
Subd. 11. [DISENROLLMENT; CONTINUATION OF COVERAGE;
COVERAGE OPTIONS.] (a) Unless a court order provides otherwise, a child for
whom a party is required to provide health care coverage under this section
must be covered as a dependent of the party until the child is emancipated,
until further order of the court, or as consistent with the terms of the
coverage.
(b) The health carrier, employer, or union may not disenroll
or eliminate coverage for the child unless:
(1) the health carrier, employer, or union is provided
satisfactory written evidence that the court order is no longer in effect;
(2) the child is or will be enrolled in comparable health
care coverage through another health plan that will take effect no later than
the effective date of the disenrollment;
(3) the employee is no longer eligible for dependent
coverage; or
(4) the required premium has not been paid by or on behalf
of the child.
(c) The health plan must provide 30 days' written notice to
the child's parents, and the public authority if the public authority provides
support enforcement services, before the health plan disenrolls or eliminates
the child's coverage.
(d) A child enrolled in health care coverage under a
qualified medical child support order, including a national medical support
notice, under this section is a dependent and a qualified beneficiary under the
Consolidated Omnibus Budget and Reconciliation Act of 1985 (COBRA), Public Law
99-272. Upon expiration of the order,
the child is entitled to the opportunity to elect continued coverage that is
available under the health plan. The
employer or union must provide notice to the parties and the public authority,
if it provides support services, within ten days of the termination date.
(e) If the public authority provides support enforcement
services and a plan administrator reports to the public authority that there is
more than one coverage option available under the health plan, the public
authority, in consultation with the parent with whom the child resides, must
promptly select coverage from the available options.
Subd. 12.
[SPOUSAL OR FORMER SPOUSAL COVERAGE.] The court must require the
parent with whom the child does not reside to provide dependent health care
coverage for the benefit of the parent with whom the child resides if the
parent is ordered to provide dependent health care coverage for the parties'
child and adding the other parent to the coverage results in no additional
premium cost.
Subd. 13.
[DISCLOSURE OF INFORMATION.] (a) If the public authority provides
support enforcement services, the parties must provide the public authority
with the following information:
(1) information relating to dependent health care coverage
or public coverage available for the benefit of the child for whom support is
sought, including all information required to be included in a medical support
order under this section;
(2) verification that application for court-ordered health
care coverage was made within 30 days of the court's order; and
(3) the reason that a child is not enrolled in court-ordered
health care coverage, if a child is not enrolled in coverage or subsequently
loses coverage.
(b) Upon request from the public
authority under section 256.978, an employer, union, or plan administrator,
including an employer subject to the federal Employee Retirement Income
Security Act of 1974 (ERISA), United States Code, title 29, section 1169(a),
must provide the public authority the following information:
(1) information relating to dependent health care coverage
available to a party for the benefit of the child for whom support is sought,
including all information required to be included in a medical support order
under this section; and
(2) information that will enable the public authority to
determine whether a health plan is appropriate for a child, including, but not
limited to, all available plan options, any geographic service restrictions,
and the location of service providers.
(c) The employer, union, or plan administrator must not
release information regarding one party to the other party. The employer, union, or plan administrator
must provide both parties with insurance identification cards and all necessary
written information to enable the parties to utilize the insurance benefits for
the covered dependent.
(d) The public authority is authorized to release to a
party's employer, union, or health plan information necessary to verify
availability of dependent health care coverage, or to establish, modify, or
enforce medical support.
(e) An employee must disclose to an employer if medical
support is required to be withheld under this section and the employer must
begin withholding according to the terms of the order and under section
517C.52. If an employee discloses an
obligation to obtain health care coverage and coverage is available through the
employer, the employer must make all application processes known to the
individual and enroll the employee and dependent in the plan.
Subd. 14. [CHILD
SUPPORT ENFORCEMENT SERVICES.] The public authority must take necessary
steps to establish and enforce an order for medical support if the child
receives public assistance or a party completes an application for services
from the public authority under section 517C.38, subdivision 2.
Subd. 15.
[ENFORCEMENT.] (a) Remedies available for collecting and enforcing
child support apply to medical support.
(b) For the purpose of enforcement, the following are
additional support:
(1) the costs of individual or group health or
hospitalization coverage;
(2) dental coverage;
(3) medical costs ordered by the court to be paid by either
party, including health and dental insurance premiums paid by the obligee
because of the obligor's failure to obtain coverage as ordered; and
(4) liabilities established under this subdivision.
(c) A party who fails to carry court-ordered dependent
health care coverage is liable for the child's uninsured medical expenses
unless a court order provides otherwise.
A party's failure to carry court-ordered coverage, or to provide other
medical support as ordered, is a basis for modification of a support order
under section 517C.28.
(d) Payments by the health carrier or employer for services
rendered to the dependents that are directed to a party not owed reimbursement
must be endorsed over to and forwarded to the vendor or appropriate party or
the public authority. A party retaining
insurance reimbursement not owed to the party is liable for the amount of the
reimbursement.
Subd. 16. [INCOME WITHHOLDING; OFFSET.] (a) If a
party owes no child support obligation for a child and is an obligor ordered to
contribute to the other party's cost for carrying health care coverage for the
child, the obligor is subject to an offset under subdivision 5 or income
withholding under section 517C.52.
(b) If a party's court-ordered health care coverage for the
child terminates and the child is not enrolled in other health care coverage or
public coverage, and a modification motion is not pending, the public authority
may remove the offset to a party's child support obligation or terminate income
withholding instituted against a party under section 517C.52. The public authority must provide notice to
the parties of the action.
(c) A party may contest the public authority's action to
remove the offset to the child support obligation or terminate income
withholding if the party makes a written request for a hearing within 30 days
after receiving written notice. If a
party makes a timely request for a hearing, the public authority must schedule
a hearing and send written notice of the hearing to the parties by mail to the
parties' last known addresses at least 14 days before the hearing. The hearing must be conducted in district
court or in the expedited child support process if section 484.702
applies. The district court or child
support magistrate must determine whether removing the offset or terminating
income withholding is appropriate and, if appropriate, the effective date for
the removal or termination.
(d) If the party does not request a hearing, the district
court or child support magistrate must order the offset or income withholding
termination effective the first day of the month following termination of the
child's health care coverage.
Subd. 17.
[COLLECTING UNREIMBURSED AND UNINSURED MEDICAL EXPENSES.] (a) A party
must initiate a request for reimbursement of unreimbursed and uninsured medical
expenses within two years of the date that the party incurred the unreimbursed
or uninsured medical expenses. The time
period in this paragraph does not apply if the location of the other party is
unknown.
(b) A party seeking reimbursement of unreimbursed and
uninsured medical expenses must mail a written notice of intent to collect the
expenses and a copy of an affidavit of health care expenses to the other party
at the other party's last known address.
(c) The written notice must include a statement that the
party has 30 days from the date the notice was mailed to (1) pay in full; (2)
enter a payment agreement; or (3) file a motion requesting a hearing contesting
the matter. If the public authority
provides support enforcement services, the written notice also must include a
statement that the requesting party must submit the amount due to the public
authority for collection.
(d) The affidavit of health care expenses must itemize and
document the child's unreimbursed or uninsured medical expenses and include
copies of all bills, receipts, and insurance company explanations of benefits.
(e) If the public authority provides support enforcement
services, the party seeking reimbursement must send to the public authority a
copy of the written notice, the original affidavit, and copies of all bills,
receipts, and insurance company explanations of benefits.
(f) If the party does not respond to the request for
reimbursement within 30 days, the party seeking reimbursement or public
authority, if the public authority provides support enforcement services, must
commence an enforcement action against the party under subdivision 18.
(g) The public authority must serve the other party with a
notice of intent to enforce unreimbursed and uninsured medical expenses and
file an affidavit of service by mail with the district court
administrator. The notice must state
that, unless the party (1) pays in full; (2) enters into a payment agreement;
or (3) files a motion contesting the matter within 14 days of service of the
notice, the public authority will commence enforcement of the expenses as
medical support arrears under subdivision 18.
(h) If the party files a timely motion for a hearing
contesting the requested reimbursement, the contesting party must schedule a
hearing in district court or in the expedited child support process if section
484.702 applies. The contesting party
must provide the party seeking reimbursement and the public authority, if the
public authority provides support enforcement services, with written notice of
the hearing at least 14 days before the hearing by mailing notice of the
hearing to the public authority and the party at the party's last known
address. The party seeking
reimbursement must file the original affidavit of health care expenses with the
court at least five days before the hearing.
Based upon the evidence presented, the district court or child support
magistrate must determine liability for the exp