Bill Text: MN SF1402 | 2011-2012 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Parenting time presumption increase in joint custody proceedings
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-04-30 - Chief author added Jungbauer [SF1402 Detail]
Download: Minnesota-2011-SF1402-Engrossed.html
Bill Title: Parenting time presumption increase in joint custody proceedings
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-04-30 - Chief author added Jungbauer [SF1402 Detail]
Download: Minnesota-2011-SF1402-Engrossed.html
1.2relating to family law; increasing the parenting time presumption; modifying
1.3the parenting expense adjustment for purposes of calculating child support;
1.4amending Minnesota Statutes 2010, sections 518.175, subdivision 1; 518A.36,
1.5subdivision 2.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 518.175, subdivision 1, is amended to read:
1.8 Subdivision 1. General. (a) In all proceedings for dissolution or legal separation,
1.9subsequent to the commencement of the proceeding and continuing thereafter during
1.10the minority of the child, the court shall, upon the request of either parent, grant such
1.11parenting time on behalf of the child and a parent as will enable the child and the parent to
1.12maintain a child to parent relationship that will be in the best interests of the child.
1.13 If the court finds, after a hearing, that parenting time with a parent is likely
1.14to endanger the child's physical or emotional health or impair the child's emotional
1.15development, the court shall restrict parenting time with that parent as to time, place,
1.16duration, or supervision and may deny parenting time entirely, as the circumstances
1.17warrant. The court shall consider the age of the child and the child's relationship with the
1.18parent prior to the commencement of the proceeding.
1.19 A parent's failure to pay support because of the parent's inability to do so shall not be
1.20sufficient cause for denial of parenting time.
1.21 (b) The court may provide that a law enforcement officer or other appropriate person
1.22will accompany a party seeking to enforce or comply with parenting time.
1.23 (c) Upon request of either party, to the extent practicable an order for parenting
1.24time must include a specific schedule for parenting time, including the frequency and
2.1duration of visitation and visitation during holidays and vacations, unless parenting time
2.2is restricted, denied, or reserved.
2.3 (d) The court administrator shall provide a form for a pro se motion regarding
2.4parenting time disputes, which includes provisions for indicating the relief requested, an
2.5affidavit in which the party may state the facts of the dispute, and a brief description of
2.6the parenting time expeditor process under section518.1751 . The form may not include
2.7a request for a change of custody. The court shall provide instructions on serving and
2.8filing the motion.
2.9 (e) In the absence of other evidence, there is a rebuttable presumption that a parent is
2.10entitled to receive at least25 35 percent of the parenting time for the child. For purposes
2.11of this paragraph, the percentage of parenting time may be determined by calculating the
2.12number of overnights that a child spends with a parent or by using a method other than
2.13overnights if the parent has significant time periods on separate days when the child is in
2.14the parent's physical custody but does not stay overnight. The court may consider the age
2.15of the child in determining whether a child is with a parent for a significant period of time.
2.16 Sec. 2. Minnesota Statutes 2010, section 518A.36, subdivision 2, is amended to read:
2.17 Subd. 2. Calculation of parenting expense adjustment. The obligor is entitled to
2.18a parenting expense adjustment calculated as provided in this subdivision. The court shall:
2.19 (1) find the adjustment percentage corresponding to the percentage of parenting
2.20time allowed to the obligor below:
2.27 (2) multiply the adjustment percentage by the obligor's basic child support obligation
2.28to arrive at the parenting expense adjustment; and
2.29 (3) subtract the parenting expense adjustment from the obligor's basic child support
2.30obligation. The result is the obligor's basic support obligation after parenting expense
2.31adjustment.
2.32 Sec. 3. EFFECTIVE DATE; APPLICATION.
2.33 (a) Sections 1 and 2 are effective January 1, 2013, and apply to orders adopted
2.34or modified on or after that date.
3.1 (b) There must be no modification of an existing parenting time order based on the
3.2amendment to the parenting time presumption under section 1 until July 1, 2014, unless
3.3the child's environment presently endangers the child's physical or emotional health or
3.4impairs the child's emotional development.
3.5 (c) There must be no modification of an existing child support order based on the
3.6amendments to the parenting expense adjustment under section 2 until July 1, 2014,
3.7unless the court finds that other grounds for modification exist under Minnesota Statutes,
3.8section 518A.39.
1.3the parenting expense adjustment for purposes of calculating child support;
1.4amending Minnesota Statutes 2010, sections 518.175, subdivision 1; 518A.36,
1.5subdivision 2.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 518.175, subdivision 1, is amended to read:
1.8 Subdivision 1. General. (a) In all proceedings for dissolution or legal separation,
1.9subsequent to the commencement of the proceeding and continuing thereafter during
1.10the minority of the child, the court shall, upon the request of either parent, grant such
1.11parenting time on behalf of the child and a parent as will enable the child and the parent to
1.12maintain a child to parent relationship that will be in the best interests of the child.
1.13 If the court finds, after a hearing, that parenting time with a parent is likely
1.14to endanger the child's physical or emotional health or impair the child's emotional
1.15development, the court shall restrict parenting time with that parent as to time, place,
1.16duration, or supervision and may deny parenting time entirely, as the circumstances
1.17warrant. The court shall consider the age of the child and the child's relationship with the
1.18parent prior to the commencement of the proceeding.
1.19 A parent's failure to pay support because of the parent's inability to do so shall not be
1.20sufficient cause for denial of parenting time.
1.21 (b) The court may provide that a law enforcement officer or other appropriate person
1.22will accompany a party seeking to enforce or comply with parenting time.
1.23 (c) Upon request of either party, to the extent practicable an order for parenting
1.24time must include a specific schedule for parenting time, including the frequency and
2.1duration of visitation and visitation during holidays and vacations, unless parenting time
2.2is restricted, denied, or reserved.
2.3 (d) The court administrator shall provide a form for a pro se motion regarding
2.4parenting time disputes, which includes provisions for indicating the relief requested, an
2.5affidavit in which the party may state the facts of the dispute, and a brief description of
2.6the parenting time expeditor process under section
2.7a request for a change of custody. The court shall provide instructions on serving and
2.8filing the motion.
2.9 (e) In the absence of other evidence, there is a rebuttable presumption that a parent is
2.10entitled to receive at least
2.11of this paragraph, the percentage of parenting time may be determined by calculating the
2.12number of overnights that a child spends with a parent or by using a method other than
2.13overnights if the parent has significant time periods on separate days when the child is in
2.14the parent's physical custody but does not stay overnight. The court may consider the age
2.15of the child in determining whether a child is with a parent for a significant period of time.
2.16 Sec. 2. Minnesota Statutes 2010, section 518A.36, subdivision 2, is amended to read:
2.17 Subd. 2. Calculation of parenting expense adjustment. The obligor is entitled to
2.18a parenting expense adjustment calculated as provided in this subdivision. The court shall:
2.19 (1) find the adjustment percentage corresponding to the percentage of parenting
2.20time allowed to the obligor below:
2.27 (2) multiply the adjustment percentage by the obligor's basic child support obligation
2.28to arrive at the parenting expense adjustment; and
2.29 (3) subtract the parenting expense adjustment from the obligor's basic child support
2.30obligation. The result is the obligor's basic support obligation after parenting expense
2.31adjustment.
2.32 Sec. 3. EFFECTIVE DATE; APPLICATION.
2.33 (a) Sections 1 and 2 are effective January 1, 2013, and apply to orders adopted
2.34or modified on or after that date.
3.1 (b) There must be no modification of an existing parenting time order based on the
3.2amendment to the parenting time presumption under section 1 until July 1, 2014, unless
3.3the child's environment presently endangers the child's physical or emotional health or
3.4impairs the child's emotional development.
3.5 (c) There must be no modification of an existing child support order based on the
3.6amendments to the parenting expense adjustment under section 2 until July 1, 2014,
3.7unless the court finds that other grounds for modification exist under Minnesota Statutes,
3.8section 518A.39.
