reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.179 — Participation In Custody Or Parenting Time When Person Convicted Of Certain Offenses.

518.179 PARTICIPATION IN CUSTODY OR PARENTING TIME WHEN PERSON CONVICTED OF CERTAIN OFFENSES.
Subdivision 1.
Seeking custody or parenting time.
Notwithstanding any contrary provision in section 518.17 or 518.175, if a person seeking child custody or parenting time 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.
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.
Subd. 2.
Applicable crimes.
This section applies to the following crimes or similar crimes under the laws of the United States, or any other state:
(1) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;
(2) manslaughter in the first degree under section 609.20;
(3) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;
(4) kidnapping under section 609.25;
(5) depriving another of custodial or parental rights under section 609.26;
(6) soliciting, inducing, promoting, or receiving profit derived from prostitution involving a minor under section 609.322;
(7) criminal sexual conduct in the first degree under section 609.342;
(8) criminal sexual conduct in the second degree under section 609.343;
(9) criminal sexual conduct in the third degree under section 609.344, subdivision 1, clause (a) or (c), or subdivision 1a, clause (f) or (g);
(10) solicitation of a child to engage in sexual conduct under section 609.352;
(11) incest under section 609.365;
(12) malicious punishment of a child under section 609.377;
(13) neglect of a child under section 609.378;
(14) terroristic threats under section 609.713;
(15) felony harassment under section 609.749, subdivision 4; or
(16) domestic assault by strangulation under section 609.2247.
History:
1990 c 574 s 16; 1997 c 239 art 7 s 10; 1997 c 245 art 2 s 4; 1998 c 367 art 2 s 2; 2000 c 444 art 2 s 36; 2010 c 299 s 14; 2017 c 95 art 2 s 14; 1Sp2019 c 5 art 2 s 29; 1Sp2021 c 11 art 4 s 31
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.183 — Replacing Certain Orders.

518.183 REPLACING CERTAIN ORDERS.
Upon request of both parties the court must modify an order entered under section 518.17 or 518.175 before January 1, 2001, by entering a parenting plan that complies with section 518.1705, unless the court makes detailed findings that entering a parenting plan is not in the best interests of the child. If only one party makes the request, the court may modify the order by entering a parenting plan that complies with section 518.1705. The court must apply the standards in section 518.18 when considering a motion to enter a parenting plan that would change the child's primary residence. The court must apply the standards in section 518.17 when considering a motion to enter a parenting plan that would:
(1) change decision-making responsibilities of the parents; or
(2) change the time each parent spends with the child, but not change the child's primary residence.
History:
2000 c 444 art 1 s 6; 2000 c 499 s 4
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.185 — Affidavit Practice.

518.185 AFFIDAVIT PRACTICE.
A party seeking a temporary custody order or modification of a custody order shall submit together with moving papers an affidavit setting forth facts supporting the requested order or modification and shall give notice, together with a copy of the affidavit, to other parties to the proceeding, who may file opposing affidavits.
History:
1978 c 772 s 45; 1986 c 444
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.195 — Summary Dissolution Process.

518.195 SUMMARY DISSOLUTION PROCESS.
Subdivision 1.
Criteria.
A couple desirous of dissolving their marriage may use the streamlined procedure in this section if:
(1) no living minor children have been born to or adopted by the parties before or during the marriage, unless someone other than the husband has been adjudicated the father;
(2) the wife is not pregnant;
(3) they have been married fewer than eight years as of the date they file their joint declaration;
(4) neither party owns any real estate;
(5) there are no unpaid debts in excess of $8,000 incurred by either or both of the parties during the marriage, excluding encumbrances on automobiles;
(6) the total fair market value of the marital assets does not exceed $25,000, including net equity on automobiles;
(7) neither party has nonmarital assets in excess of $25,000; and
(8) neither party has been a victim of domestic abuse by the other.
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 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.
Subd. 3.
Forms.
The state court administrator shall develop simplified forms and instructions for the summary process. District court administrators shall make the forms for the summary process available upon request and shall accept joint declarations for filing on and after July 1, 1997.
Subd. 4.
[Repealed by amendment, 1997 c 245 art 2 s 5]
History:
1991 c 271 s 5,9; 1996 c 408 art 11 s 9; 1997 c 245 art 2 s 5; 1999 c 37 s 1
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.25 — Remarriage; Revocation.

518.25 REMARRIAGE; REVOCATION.
When a dissolution has been granted, and the parties afterward intermarry, the court, upon their joint application, and upon satisfactory proof of such marriage, may revoke all decrees and orders of dissolution, maintenance, and subsistence which will not affect the rights of third persons.
History:
(8605) RL s 3594; 1974 c 107 s 16; 1978 c 772 s 62
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.27 — Name Of Party.

518.27 NAME OF PARTY.
Except as provided in section 259.13, in the final decree of dissolution or legal separation the court shall, if requested by a party, change the name of that party to another name as the party requests. The court shall 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 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 be so designated in the final decree.
History:
(8607) RL s 3596; 1974 c 107 s 17; 1975 c 52 s 5; 1978 c 772 s 47; 1979 c 259 s 22; 2000 c 311 art 3 s 6
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.551 — Postsecondary Education Trust Fund.

518.551 POSTSECONDARY EDUCATION TRUST FUND.
Subdivision 1.
[Repealed, 2005 c 164 s 31; 2006 c 280 s 43]
Subd. 1a.
[Renumbered 518A.50]
Subd. 2.
[Repealed, 1983 c 308 s 32]
Subd. 3.
[Repealed, 1983 c 308 s 32]
Subd. 4.
[Repealed, 1983 c 308 s 32]
Subd. 5.
[Renumbered 518A.44]
Subd. 5a.
[Repealed, 2005 c 164 s 31; 2006 c 280 s 43]
Subd. 5b.
[Renumbered 518A.28]
Subd. 5c.
[Repealed, 2005 c 164 s 31; 2006 c 280 s 43]
Subd. 5d.
Education trust fund.
The parties may agree to designate a sum of money above any court-ordered child support as a trust fund for the costs of postsecondary education.
Subd. 5e.
[Renumbered 518A.38, subd 5]
Subd. 5f.
[Repealed, 2005 c 164 s 31; 2006 c 280 s 43]
Subd. 6.
[Renumbered 518A.45]
Subd. 7.
[Renumbered 518A.51]
Subd. 8.
[Repealed, 1986 c 404 s 20]
Subd. 9.
[Renumbered 518A.49]
Subd. 10.
[Repealed, 1994 c 630 art 10 s 3]
Subd. 11.
[Renumbered 518A.38, subd 6]
Subd. 12.
[Renumbered 518A.66]
Subd. 13.
[Renumbered 518A.65]
Subd. 13a.
[Renumbered 518A.70]
Subd. 14.
[Renumbered 518A.67]
Subd. 15.
[Renumbered 518A.68]
History:
1971 c 961 s 21; 1974 c 107 s 20; 1977 c 282 s 29; 1978 c 772 s 50; 1979 c 259 s 25; 1981 c 349 s 6; 1981 c 360 art 2 s 46; 3Sp1981 c 3 s 19; 1982 c 488 s 4,5; 1983 c 308 s 16-20; 1984 c 547 s 18,19; 1985 c 131 s 7; 1986 c 406 s 4; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1987 c 403 art 3 s 79,80; 1988 c 593 s 8; 1988 c 668 s 17,18; 1989 c 282 art 2 s 190,191; 1990 c 568 art 2 s 70-72; 1990 c 574 s 18; 1991 c 266 s 2; 1991 c 292 art 5 s 75-78; 1992 c 513 art 8 s 53,54; 1993 c 34 s 1; 1993 c 322 s 12; 1993 c 340 s 32-38; 1Sp1993 c 1 art 6 s 44; 1994 c 483 s 1; 1994 c 488 s 8; 1994 c 630 art 11 s 9,10; 1995 c 186 s 94; 1995 c 257 art 1 s 23-26; 1997 c 66 s 79; 1997 c 203 art 6 s 42,43; 1997 c 245 art 1 s 13-17; art 3 s 10; 1998 c 382 art 1 s 7-11; 1999 c 107 s 66; 1999 c 159 s 136; 1999 c 196 art 1 s 6; art 2 s 9-11; 1999 c 245 art 7 s 8; 2000 c 343 s 4; 2000 c 444 art 2 s 37; 2001 c 51 s 13,14; 2001 c 134 s 1; 2001 c 158 s 1; 2002 c 344 s 13-16; 2003 c 130 s 12; 1Sp2003 c 14 art 6 s 58; art 10 s 5,6; 2005 c 116 s 4; 2005 c 164 s 7,8,29; 1Sp2005 c 7 s 28; 2006 c 280 s 15,16,22; 2006 c 282 art 18 s 3
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.582 — Procedure For Valuing Pension Benefits Or Rights.

518.582 PROCEDURE FOR VALUING PENSION BENEFITS OR RIGHTS.
Subdivision 1.
Appointment of actuary.
Each court of this state that has 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 court appointed actuary shall determine the present value of pension benefits or rights that are marital property of the parties to the action 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 as specified by the court. The court appointed actuary shall 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 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.
History:
1987 c 157 s 19; 1988 c 619 s 1
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.612 — Independence Of Provisions Of Decree Or Temporary Order.

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.
History:
1978 c 772 s 56; 1979 c 259 s 29; 2000 c 444 art 2 s 38; 2001 c 51 s 15
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.62 — Temporary Maintenance.

518.62 TEMPORARY MAINTENANCE.
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.
History:
1951 c 551 s 9; 1969 c 1028 s 7; 1974 c 107 s 24; 1978 c 772 s 57; 1979 c 259 s 30
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.63 — Homestead, Occupancy.

518.63 HOMESTEAD, OCCUPANCY.
The court, having due regard to all the circumstances and the custody of children of the parties, may award to either party the right of occupancy of the homestead of the parties, exclusive or otherwise, upon a final decree of dissolution or legal separation or proper modification of it, for a period of time determined by the court. An award of the right of occupancy of the homestead, whether exclusive or otherwise, may be in addition to the maximum amounts awarded under sections 518.58, 518A.53, and 518A.63.
History:
1951 c 551 s 10; 1969 c 1028 s 8; 1974 c 107 s 25; 1978 c 772 s 58; 1997 c 203 art 6 s 92; 2005 c 164 s 29; 1Sp2005 c 7 s 28
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.65 — Property; Sale, Partition.

518.65 PROPERTY; SALE, PARTITION.
In order to effect a division or award of property as is provided by 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.
History:
1951 c 551 s 12; 1978 c 772 s 60
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.66 — Power Of Court Not Limited.

518.66 POWER OF COURT NOT LIMITED.
Nothing contained in this chapter or chapter 518A shall be construed as limiting the power of the court in appropriate cases to make adequate provision for the support and education of any children of the parties to any dissolution, legal separation or annulment action where such dissolution, legal separation or annulment is denied.
History:
1951 c 551 s 13; 1974 c 107 s 27; 1979 c 259 s 32; 1Sp1981 c 4 art 1 s 180; 2005 c 164 s 29; 1Sp2005 c 7 s 28
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518A — Child Support › Section 518A.27 — Maintenance Or Support Money.

518A.27 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 clearly designate whether the same 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. 2.
Notice of address or residence change.
Every obligor shall 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. 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. 3.
Determination of controlling order.
The public authority or a party may request the district court to determine a controlling order in situations in which more than one order involving the same obligor and child exists. The court shall presume that the latest order that involves the same obligor and joint child is controlling, subject to contrary proof.
History:
1951 c 551 s 2; 1969 c 1028 s 4; 1974 c 107 s 19; 1978 c 772 s 49; 1979 c 259 s 24; 1984 c 547 s 17; 1985 c 131 s 6; 1988 c 593 s 6,7; 1993 c 322 s 11; 1998 c 382 art 1 s 6; 2001 c 51 s 12; 2005 c 164 s 6,29; 1Sp2005 c 7 s 28
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518A — Child Support › Section 518A.30 — Income From Self-employment Or Operation Of A Business.

518A.30 INCOME FROM SELF-EMPLOYMENT OR OPERATION OF A BUSINESS.
For purposes of section 518A.29, income from self-employment or operation of a business, including joint ownership of a partnership or closely held corporation, is defined as gross receipts minus costs of goods sold minus ordinary and necessary expenses required for self-employment or business operation. Specifically excluded from ordinary and necessary expenses are amounts allowable by the Internal Revenue Service for the accelerated component of depreciation expenses, investment tax credits, or any other business expenses determined by the court to be inappropriate or excessive for determining gross income for purposes of calculating child support. The person seeking to deduct an expense, including depreciation, has the burden of proving, if challenged, that the expense is ordinary and necessary.
History:
2005 c 164 s 15,29; 1Sp2005 c 7 s 28; 2006 c 280 s 26
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518A — Child Support › Section 518A.31 — Social Security Or Veterans' Benefit Payments Received On Behalf Of The Child.

518A.31 SOCIAL SECURITY OR VETERANS' BENEFIT PAYMENTS RECEIVED ON BEHALF OF THE CHILD.
(a) The amount of the monthly Social Security benefits or apportioned veterans' benefits provided for a joint child shall be included in the gross income of the parent on whose eligibility the benefits are based.
(b) The amount of the monthly survivors' and dependents' educational assistance provided for a joint child shall be included in the gross income of the parent on whose eligibility the benefits are based.
(c) If Social Security or apportioned veterans' benefits are provided for a joint child based on the eligibility of the obligor, and are received by the obligee as a representative payee for the child or by the child attending school, then the amount of the benefits shall also be subtracted from the obligor's net child support obligation as calculated pursuant to section 518A.34.
(d) If the survivors' and dependents' educational assistance is provided for a joint child based on the eligibility of the obligor, and is received by the obligee as a representative payee for the child or by the child attending school, then the amount of the assistance shall also be subtracted from the obligor's net child support obligation as calculated under section 518A.34.
(e) Upon a motion to modify child support, any regular or lump sum payment of Social Security or apportioned veterans' benefit received by the obligee for the benefit of the joint child based upon the obligor's disability prior to filing the motion to modify may be used to satisfy arrears that remain due for the period of time for which the benefit was received. This paragraph applies only if the derivative benefit was not considered in the guidelines calculation of the previous child support order.
History:
2005 c 164 s 21,29; 1Sp2005 c 7 s 28; 2006 c 280 s 31; 2023 c 70 art 14 s 27
NOTE:
The amendment to this section by Laws 2023, chapter 70, article 14, section 27, is effective January 1, 2025. Laws 2023, chapter 70, article 14, section 27, the effective date.
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518A — Child Support › Section 518A.33 — Deduction From Income For Nonjoint Children.

518A.33 DEDUCTION FROM INCOME FOR NONJOINT CHILDREN.
(a) When either or both parents are legally responsible for a nonjoint child, a deduction for this obligation shall be calculated under this section.
(b) Court-ordered child support for a nonjoint child shall be deducted from the payor's gross income.
(c) When a parent is legally responsible for a nonjoint child and the parent is not obligated to pay basic child support for the nonjoint child to the other parent or a legal custodian under an existing child support order, a deduction shall be calculated. The court shall use the basic support guideline table under section 518A.35 to determine this deduction by using the gross income of the parent for whom the deduction is being calculated, minus any deduction under paragraph (b) and the number of eligible nonjoint children, up to six children. The deduction for nonjoint children is 75 percent of the guideline amount determined under this paragraph.
History:
2005 c 164 s 20,29; 1Sp2005 c 7 s 28; 2006 c 280 s 30; 2021 c 30 art 10 s 63
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518A — Child Support › Section 518A.37 — Written Findings.

518A.37 WRITTEN FINDINGS.
Subdivision 1.
No deviation.
If the court does not deviate from the presumptive child support obligation computed under section 518A.34, the court must make written findings that state:
(1) each parent's gross income;
(2) each parent's PICS; and
(3) any other significant evidentiary factors affecting the child support determination.
Subd. 2.
Deviation.
If the court deviates from the presumptive child support obligation computed under section 518A.34, the court must make written findings that state:
(1) each parent's gross income;
(2) each parent's PICS;
(3) the amount of the child support obligation computed under section 518A.34;
(4) the reasons for the deviation; and
(5) how the deviation serves the best interests of the child.
Subd. 3.
Written findings required in every case.
The provisions of this section apply whether or not the parties are each represented by independent counsel and have entered into a written agreement. The court must review stipulations presented to it for conformity with section 518A.34. The court is not required to conduct a hearing, but the parties must provide sufficient documentation to verify the child support determination and to justify any deviation.
History:
2005 c 164 s 18,29; 1Sp2005 c 7 s 28; 2006 c 280 s 29
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518A — Child Support › Section 518A.44 — Notice To Public Authority.

518A.44 NOTICE TO PUBLIC AUTHORITY.
The petitioner shall notify the public authority of all proceedings for dissolution, legal separation, determination of parentage, or for the custody of a child, if either party is receiving public assistance or applies for it subsequent to the commencement of the proceeding. The notice must contain the full names of the parties to the proceeding, their Social Security account numbers, and their birth dates. After receipt of the notice, the court shall set child support as provided in section 518A.35. The court may order either or both parents owing a duty of support to a child of the marriage to pay an amount reasonable or necessary for the child's support, without regard to marital misconduct. The court shall approve a child support stipulation of the parties if each party is represented by independent counsel, unless the stipulation does not meet the conditions of section 518A.35. In other cases the court shall determine and order child support in a specific dollar amount in accordance with the guidelines and the other factors set forth in section 518A.43 and any departure therefrom. The court may also order the obligor to pay child support in the form of a percentage share of the obligor's net bonuses, commissions, or other forms of compensation, in addition to, or if the obligor receives no base pay, in lieu of, an order for a specific dollar amount.
History:
1971 c 961 s 21; 1974 c 107 s 20; 1977 c 282 s 29; 1978 c 772 s 50; 1979 c 259 s 25; 1981 c 349 s 6; 1981 c 360 art 2 s 46; 3Sp1981 c 3 s 19; 1982 c 488 s 4,5; 1983 c 308 s 16-20; 1984 c 547 s 18,19; 1985 c 131 s 7; 1986 c 406 s 4; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1987 c 403 art 3 s 79,80; 1988 c 593 s 8; 1988 c 668 s 17,18; 1989 c 282 art 2 s 190,191; 1990 c 568 art 2 s 70-72; 1990 c 574 s 18; 1991 c 266 s 2; 1991 c 292 art 5 s 75-78; 1992 c 513 art 8 s 53,54; 1993 c 34 s 1; 1993 c 322 s 12; 1993 c 340 s 32-38; 1Sp1993 c 1 art 6 s 44; 1994 c 483 s 1; 1994 c 488 s 8; 1994 c 630 art 11 s 9,10; 1995 c 186 s 94; 1995 c 257 art 1 s 23-26; 1997 c 66 s 79; 1997 c 203 art 6 s 42,43; 1997 c 245 art 1 s 13-17; art 3 s 10; 1998 c 382 art 1 s 7-11; 1999 c 107 s 66; 1999 c 159 s 136; 1999 c 196 art 1 s 6; art 2 s 9-11; 1999 c 245 art 7 s 8; 2000 c 343 s 4; 2000 c 444 art 2 s 37; 2001 c 51 s 13,14; 2001 c 134 s 1; 2001 c 158 s 1; 2002 c 344 s 13-16; 2003 c 130 s 12; 1Sp2003 c 14 art 6 s 58; art 10 s 5,6; 2005 c 116 s 4; 2005 c 164 s 7,8,29; 1Sp2005 c 7 s 28; 2006 c 280 s 15,16,22; 2006 c 282 art 18 s 3
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518A — Child Support › Section 518A.45 — Failure Of Notice.

518A.45 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 shall set child support as provided in section 518A.35. In those proceedings in which no notification has been made pursuant to section 518A.44 and in which the public authority determines that the judgment is lower than the child support required by the guidelines in section 518A.35, it shall move the court for a redetermination of the support payments ordered so that the support payments comply with the guidelines.
History:
1971 c 961 s 21; 1974 c 107 s 20; 1977 c 282 s 29; 1978 c 772 s 50; 1979 c 259 s 25; 1981 c 349 s 6; 1981 c 360 art 2 s 46; 3Sp1981 c 3 s 19; 1982 c 488 s 4,5; 1983 c 308 s 16-20; 1984 c 547 s 18,19; 1985 c 131 s 7; 1986 c 406 s 4; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1987 c 403 art 3 s 79,80; 1988 c 593 s 8; 1988 c 668 s 17,18; 1989 c 282 art 2 s 190,191; 1990 c 568 art 2 s 70-72; 1990 c 574 s 18; 1991 c 266 s 2; 1991 c 292 art 5 s 75-78; 1992 c 513 art 8 s 53,54; 1993 c 34 s 1; 1993 c 322 s 12; 1993 c 340 s 32-38; 1Sp1993 c 1 art 6 s 44; 1994 c 483 s 1; 1994 c 488 s 8; 1994 c 630 art 11 s 9,10; 1995 c 186 s 94; 1995 c 257 art 1 s 23-26; 1997 c 66 s 79; 1997 c 203 art 6 s 42,43; 1997 c 245 art 1 s 13-17; art 3 s 10; 1998 c 382 art 1 s 7-11; 1999 c 107 s 66; 1999 c 159 s 136; 1999 c 196 art 1 s 6; art 2 s 9-11; 1999 c 245 art 7 s 8; 2000 c 343 s 4; 2000 c 444 art 2 s 37; 2001 c 51 s 13,14; 2001 c 134 s 1; 2001 c 158 s 1; 2002 c 344 s 13-16; 2003 c 130 s 12; 1Sp2003 c 14 art 6 s 58; art 10 s 5,6; 2005 c 116 s 4; 2005 c 164 s 7,8,29; 1Sp2005 c 7 s 28; 2006 c 280 s 15,16,22; 2006 c 282 art 18 s 3
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518A — Child Support › Section 518A.48 — Sufficiency Of Notice.

518A.48 SUFFICIENCY OF NOTICE.
Automated child support notices sent by the public authority which do not require service are sufficient notice when issued and mailed by first class mail to the person's last known address.
History:
1997 c 245 art 1 s 12; 2005 c 164 s 29; 1Sp2005 c 7 s 28
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518A — Child Support › Section 518A.49 — Assignment Of Rights; Judgment.

518A.49 ASSIGNMENT OF RIGHTS; JUDGMENT.
(a) The public agency responsible for child support enforcement is joined as a party in each case in which rights are assigned under section 256.741, subdivision 2. The court administrator shall enter and docket a judgment obtained by operation of law under section 548.091, subdivision 1, in the name of the public agency to the extent that the obligation has been assigned. When arrearages are reduced to judgment under circumstances in which section 548.091 is not applicable, the court shall grant judgment in favor of, and in the name of, the public agency to the extent that the arrearages are assigned. After filing notice of an assignment with the court administrator, who shall enter the notice in the docket, the public agency may enforce a judgment entered before the assignment of rights as if the judgment were granted to it, and in its name, to the extent that the arrearages in that judgment are assigned.
(b) The public authority is a real party in interest in any IV-D case where there has been an assignment of support. In all other IV-D cases, the public authority has a pecuniary interest, as well as an interest in the welfare of the children involved in those cases. The public authority may intervene as a matter of right in those cases to ensure that child support orders are obtained and enforced which provide for an appropriate and accurate level of child, medical, and child care support. If the public authority participates in an IV-D case where the action taken by the public authority requires the use of an attorney's services, the public authority shall be represented by an attorney consistent with the provisions in section 518A.47.
History:
1971 c 961 s 21; 1974 c 107 s 20; 1977 c 282 s 29; 1978 c 772 s 50; 1979 c 259 s 25; 1981 c 349 s 6; 1981 c 360 art 2 s 46; 3Sp1981 c 3 s 19; 1982 c 488 s 4,5; 1983 c 308 s 16-20; 1984 c 547 s 18,19; 1985 c 131 s 7; 1986 c 406 s 4; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1987 c 403 art 3 s 79,80; 1988 c 593 s 8; 1988 c 668 s 17,18; 1989 c 282 art 2 s 190,191; 1990 c 568 art 2 s 70-72; 1990 c 574 s 18; 1991 c 266 s 2; 1991 c 292 art 5 s 75-78; 1992 c 513 art 8 s 53,54; 1993 c 34 s 1; 1993 c 322 s 12; 1993 c 340 s 32-38; 1Sp1993 c 1 art 6 s 44; 1994 c 483 s 1; 1994 c 488 s 8; 1994 c 630 art 11 s 9,10; 1995 c 186 s 94; 1995 c 257 art 1 s 23-26; 1997 c 66 s 79; 1997 c 203 art 6 s 42,43; 1997 c 245 art 1 s 13-17; art 3 s 10; 1998 c 382 art 1 s 7-11; 1999 c 107 s 66; 1999 c 159 s 136; 1999 c 196 art 1 s 6; art 2 s 9-11; 1999 c 245 art 7 s 8; 2000 c 343 s 4; 2000 c 444 art 2 s 37; 2001 c 51 s 13,14; 2001 c 134 s 1; 2001 c 158 s 1; 2002 c 344 s 13-16; 2003 c 130 s 12; 1Sp2003 c 14 art 6 s 58; art 10 s 5,6; 2005 c 116 s 4; 2005 c 164 s 7,8,29; 1Sp2005 c 7 s 28; 2006 c 280 s 15,16,22; 2006 c 282 art 18 s 3
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518A — Child Support › Section 518A.50 — Payment To Public Agency.

518A.50 PAYMENT TO PUBLIC AGENCY.
(a) This section applies to all proceedings involving a support order, including, but not limited to, a support order establishing an order for past support or reimbursement of public assistance.
(b) The court shall direct that all payments ordered for maintenance or support be made to the public authority responsible for child support enforcement so long as the obligee is receiving or has applied for public assistance, or has applied for child support or maintenance collection services. Public authorities responsible for child support enforcement may act on behalf of other public authorities responsible for child support enforcement, including the authority to represent the legal interests of or execute documents on behalf of the other public authority in connection with the establishment, enforcement, and collection of child support, maintenance, or medical support, and collection on judgments.
(c) Payments made to the public authority must be credited as of the date the payment is received by the central collections unit, except that payments made under section 518A.53 may be considered to have been paid as of the date the obligor received the remainder of the income.
(d) Monthly amounts received by the public agency responsible for child support enforcement from the obligor that are greater than the monthly amount of public assistance granted to the obligee must be remitted to the obligee.
History:
1971 c 961 s 21; 1974 c 107 s 20; 1977 c 282 s 29; 1978 c 772 s 50; 1979 c 259 s 25; 1981 c 349 s 6; 1981 c 360 art 2 s 46; 3Sp1981 c 3 s 19; 1982 c 488 s 4,5; 1983 c 308 s 16-20; 1984 c 547 s 18,19; 1985 c 131 s 7; 1986 c 406 s 4; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1987 c 403 art 3 s 79,80; 1988 c 593 s 8; 1988 c 668 s 17,18; 1989 c 282 art 2 s 190,191; 1990 c 568 art 2 s 70-72; 1990 c 574 s 18; 1991 c 266 s 2; 1991 c 292 art 5 s 75-78; 1992 c 513 art 8 s 53,54; 1993 c 34 s 1; 1993 c 322 s 12; 1993 c 340 s 32-38; 1Sp1993 c 1 art 6 s 44; 1994 c 483 s 1; 1994 c 488 s 8; 1994 c 630 art 11 s 9,10; 1995 c 186 s 94; 1995 c 257 art 1 s 23-26; 1997 c 66 s 79; 1997 c 203 art 6 s 42,43; 1997 c 245 art 1 s 13-17; art 3 s 10; 1998 c 382 art 1 s 7-11; 1999 c 107 s 66; 1999 c 159 s 136; 1999 c 196 art 1 s 6; art 2 s 9-11; 1999 c 245 art 7 s 8; 2000 c 343 s 4; 2000 c 444 art 2 s 37; 2001 c 51 s 13,14; 2001 c 134 s 1; 2001 c 158 s 1; 2002 c 344 s 13-16; 2003 c 130 s 12; 1Sp2003 c 14 art 6 s 58; art 10 s 5,6; 2005 c 116 s 4; 2005 c 164 s 7,8,29; 1Sp2005 c 7 s 28; 2006 c 280 s 15,16,22; 2006 c 282 art 18 s 3; 2008 c 363 art 16 s 6
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518A — Child Support › Section 518A.52 — Overpayments.

518A.52 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:
(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 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.
History:
1998 c 382 art 1 s 21; 2005 c 164 s 29; 1Sp2005 c 7 s 28
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518A — Child Support › Section 518A.54 — Child Support Payment Center; Definitions.

518A.54 CHILD SUPPORT PAYMENT CENTER; DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of the child support center established under sections 518A.54 to 518A.56, the following terms have the meanings given.
Subd. 2.
Central collections unit.
"Central collections unit" means the unit created under section 518A.55.
Subd. 3.
Local child support agency.
"Local child support agency" means the entity at the county level that is responsible for providing child support enforcement services.
Subd. 4.
Payment.
"Payment" means the payment of child support, medical support, maintenance, and related payments required by order of a tribunal, voluntary support, or statutory fees.
Subd. 5.
Tribunal.
"Tribunal" has the meaning given in section 518C.101.
Subd. 6.
Creditor collections.
The central collections unit under this section is not a third party under chapters 550, 552, and 571 for purposes of creditor collection efforts against child support and maintenance order obligors or obligees, and shall not be subject to creditor levy, attachment, or garnishment.
Subd. 7.
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.
History:
1995 c 257 art 2 s 1; 1999 c 245 art 7 s 9; 1Sp2001 c 9 art 12 s 10; 2002 c 379 art 1 s 113; 2005 c 164 s 29; 1Sp2005 c 7 s 28
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518A — Child Support › Section 518A.55 — Central Collections Unit.

518A.55 CENTRAL COLLECTIONS UNIT.
The commissioner of human services shall create and maintain a central collections unit for the purpose of receiving, processing, and disbursing payments, and for maintaining a record of payments, in all cases in which:
(1) the state or county is a party;
(2) the state or county provides child support enforcement services to a party; or
(3) payment is collected through income withholding.
The commissioner may contract for services to carry out these provisions, provided that the commissioner first meets and negotiates with the affected exclusive representatives.
History:
1995 c 257 art 2 s 2; 1997 c 245 art 1 s 26; 2005 c 164 s 29; 1Sp2005 c 7 s 28
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518A — Child Support › Section 518A.57 — Notice Of Order.

518A.57 NOTICE OF ORDER.
Whenever these laws require 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. The verified notice shall 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.
History:
1986 c 404 s 18; 2005 c 164 s 29; 1Sp2005 c 7 s 28
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518A — Child Support › Section 518A.61 — Collection; Revenue Recapture.

518A.61 COLLECTION; REVENUE RECAPTURE.
The public authority may submit debt under chapter 270A only if the obligor is in arrears in court-ordered child support or maintenance payments, or both, in an amount greater than the obligor's total monthly support and maintenance payments or if the debt has been entered and docketed as a judgment.
History:
2001 c 134 s 3; 2001 c 158 s 3; 2002 c 344 s 22; 2005 c 164 s 29; 1Sp2005 c 7 s 28
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518A — Child Support › Section 518A.62 — Child Support Debt And Arrearage Management.

518A.62 CHILD SUPPORT DEBT AND ARREARAGE MANAGEMENT.
In order to reduce and otherwise manage support debts and arrearages, the parties, including the public authority where arrearages have been assigned to the public authority, may compromise unpaid support debts or arrearages owed by one party to another, whether or not docketed as a judgment. A party may agree or disagree to compromise only those debts or arrearages owed to that party.
History:
2005 c 164 s 9,29; 1Sp2005 c 7 s 28
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518A — Child Support › Section 518A.63 — Trustee.

518A.63 TRUSTEE.
(a) Upon its own motion or upon motion of either party, the court may appoint a trustee, when it is deemed expedient, to receive any money ordered to be paid as maintenance or support money for remittance to the person entitled to receive the payments. The trustee may also receive property which is part of an award under section 518.58, upon trust to invest the same, and pay over the income in the manner the court directs, or to pay over the principal sum in the proportions and at the times the court orders. The court shall have regard in all cases to the situation and circumstances of the recipient, and the children, if there are any. The trustee shall give a bond, as the court requires, for the faithful performance of the trust. If it appears that the recipient of money ordered to be paid as support will receive public assistance, the court shall appoint as trustee the public authority responsible for support enforcement.
(b) The trustee shall maintain records listing the amount of payments, the date when payments are required to be made, and the names and addresses of the parties affected by the order.
(c) The parties affected by the order shall inform the trustee of a change of address or of other conditions that may affect the administration of the order.
(d) If a required payment of support or of maintenance and support combined is not made within ten days after the due date, the trustee shall send by first class mail notice of the arrearage to the obligor. If payment of the sum due is not received by the trustee within ten days after sending notice, the trustee shall certify the amount due to the public authority responsible for support enforcement, whenever that authority is not the trustee. If the public authority responsible for support enforcement refers the arrearage to the county attorney, the county attorney may initiate enforcement proceedings against the obligor for support or for maintenance and support combined.
(e) The public authority responsible for support enforcement may represent a person entitled to receive support or maintenance or both in court proceedings initiated under this section to enforce compliance with a support order or combined maintenance and support orders.
(f) If the person obligated to pay support or maintenance is beyond the jurisdiction of the court, the county attorney may institute any proceeding available under state or federal law for the enforcement of duties of support or maintenance.
History:
1951 c 551 s 8; 1969 c 1028 s 6; 1978 c 772 s 54; 1986 c 444; 2005 c 164 s 29; 1Sp2005 c 7 s 28
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518A — Child Support › Section 518A.64 — Administrative Seek Employment Orders.

518A.64 ADMINISTRATIVE SEEK EMPLOYMENT ORDERS.
Subdivision 1.
Court order.
For any support order being enforced by the public authority, the public authority may seek a court order requiring the obligor to seek employment if:
(1) employment of the obligor cannot be verified;
(2) the obligor is in arrears in court-ordered child support or maintenance payments or both in an amount equal to or greater than three times the obligor's total monthly support and maintenance payments; and
(3) the obligor is not in compliance with a written payment plan.
Upon proper notice being given to the obligor, the court may enter a seek employment order if it finds that the obligor has not provided proof of gainful employment and has not consented to an order for income withholding under section 518A.53 or entered into a written payment plan approved by the court, a child support magistrate, or the public authority.
Subd. 2.
Contents of order.
The order to seek employment shall:
(1) order that the obligor seek employment within a determinate amount of time;
(2) order that the obligor file with the public authority on a weekly basis a report of at least five new attempts to find employment or of having found employment, which report must include the names, addresses, and telephone numbers of any employers or businesses with whom the obligor attempted to seek employment and the name of the individual contact to whom the obligor made application for employment or to whom an inquiry was directed;
(3) notify the obligor that failure to comply with the order is evidence of a willful failure to pay support under section 518A.72;
(4) order that the obligor provide the public authority with verification of any reason for noncompliance with the order; and
(5) specify the duration of the order, not to exceed three months.
History:
1995 c 257 art 1 s 29; 1997 c 203 art 6 s 92; 1999 c 196 art 2 s 19; 2005 c 164 s 29; 1Sp2005 c 7 s 28
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518A — Child Support › Section 518A.685 — Consumer Reporting Agency; Reporting Arrears.

518A.685 CONSUMER REPORTING AGENCY; REPORTING ARREARS.
(a) If a public authority determines that an obligor has not paid the current monthly support obligation plus any required arrearage payment for three months, the public authority may report this information to a consumer reporting agency.
(b) Before reporting that an obligor is in arrears for court-ordered child support, the public authority must:
(1) provide written notice to the obligor that the public authority intends to report the arrears to a consumer reporting agency; and
(2) mail the written notice to the obligor's last known mailing address at least 30 days before the public authority reports the arrears to a consumer reporting agency.
(c) The obligor may, within 21 days of receipt of the notice, do the following to prevent the public authority from reporting the arrears to a consumer reporting agency:
(1) pay the arrears in full;
(2) request an administrative review. An administrative review is limited to issues of mistaken identity, a pending legal action involving the arrears, or an incorrect arrears balance; or
(3) enter into a written payment agreement pursuant to section 518A.69 that is approved by a court, a child support magistrate, or the public authority responsible for child support enforcement.
(d) A public authority that reports arrearage information under this section must make monthly reports to a consumer reporting agency. The monthly report must be consistent with credit reporting industry standards for child support.
(e) For purposes of this section, "consumer reporting agency" has the meaning given in section 13C.001, subdivision 4, and United States Code, title 15, section 1681a(f).
History:
2015 c 71 art 1 s 86; 1Sp2020 c 2 art 5 s 95; 2021 c 30 art 10 s 71
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518A — Child Support › Section 518A.69 — Payment Agreements.

518A.69 PAYMENT AGREEMENTS.
In proposing or approving proposed written payment agreements for purposes of this chapter, the court, a child support magistrate, or the public authority shall take into consideration the amount of the arrearages, the amount of the current support order, any pending request for modification, and the earnings of the obligor. The court, child support magistrate, or public authority shall consider the individual financial circumstances of each obligor in evaluating the obligor's ability to pay any proposed payment agreement and shall propose a reasonable payment agreement tailored to the individual financial circumstances of each obligor. The court, child support magistrate, or public authority also shall consider a graduated payment plan tailored to the individual financial circumstances of each obligor.
History:
1995 c 257 art 1 s 27; 1997 c 245 art 1 s 25; 1999 c 196 art 2 s 12; 2002 c 344 s 17; 2005 c 164 s 29; 1Sp2005 c 7 s 28