1.1.................... moves to amend H.F. No. 2895, the first engrossment, as follows:
1.2Page 6, after line 19, insert:

1.3    "Sec. 9. Minnesota Statutes 2022, section 518A.39, subdivision 1, is amended to read:
1.4    Subdivision 1. Authority. After an order under this chapter or chapter 518 for
1.5maintenance or support money, temporary or permanent child support, or for the appointment
1.6of trustees to receive property awarded as maintenance or support money, the court may
1.7from time to time, on motion of either of the parties, a copy of which is served on the public
1.8authority responsible for child support enforcement if payments are made through it, or on
1.9motion of the public authority responsible for support enforcement, modify the order
1.10respecting the amount of maintenance or support money or medical support, and the payment
1.11of it, and also respecting the appropriation and payment of the principal and income of
1.12property held in trust, and may make an order respecting these matters which it might have
1.13made in the original proceeding, except as herein otherwise provided. A party or the public
1.14authority also may bring a motion for contempt of court if the obligor is in arrears in support
1.15or maintenance payments.

1.16    Sec. 10. Minnesota Statutes 2023 Supplement, section 518A.39, subdivision 2, is amended
1.17to read:
1.18    Subd. 2. Modification. (a) The terms of an order respecting maintenance or child support
1.19may be modified upon a showing of one or more of the following, any of which makes the
1.20terms unreasonable and unfair: (1) substantially increased or decreased gross income of an
1.21obligor or obligee; (2) substantially increased or decreased need of an obligor or obligee or
1.22the child or children that are the subject of these proceedings; (3) receipt of assistance under
1.23the AFDC program formerly codified under sections 256.72 to 256.87 or 256B.01 to 256B.39,
1.24or chapter 256J or 256K; (4) a change in the cost of living for either party as measured by
2.1the federal Bureau of Labor Statistics; (5) extraordinary medical expenses of the child not
2.2provided for under section 518A.41; (6) a change in the availability of appropriate health
2.3care coverage or a substantial increase or decrease in health care coverage costs; (7) the
2.4addition of work-related or education-related child care expenses of the obligee or a
2.5substantial increase or decrease in existing work-related or education-related child care
2.6expenses; or (8) upon the emancipation of the child, as provided in subdivision 5.
2.7    (b) It is presumed that there has been a substantial change in circumstances under
2.8paragraph (a) and the terms of a current support order shall be rebuttably presumed to be
2.9unreasonable and unfair if:
2.10    (1) the application of the child support guidelines in section 518A.35, to the current
2.11circumstances of the parties results in a calculated court order that is at least 20 percent and
2.12at least $75 per month higher or lower than the current support order or, if the current support
2.13order is less than $75, it results in a calculated court order that is at least 20 percent per
2.14month higher or lower;
2.15    (2) the medical support provisions of the order established under section 518A.41 are
2.16not enforceable by the public authority or the obligee;
2.17    (3) health coverage ordered under section 518A.41 is not available to the child for whom
2.18the order is established by the parent ordered to provide;
2.19    (4) the existing support obligation is in the form of a statement of percentage and not a
2.20specific dollar amount;
2.21    (5) the gross income of an obligor or obligee has decreased by at least 20 percent through
2.22no fault or choice of the party; or
2.23    (6) a deviation was granted based on the factor in section 518A.43, subdivision 1, clause
2.24(4), and the child no longer resides in a foreign country or the factor is otherwise no longer
2.25applicable.
2.26    (c) A child support order is not presumptively modifiable solely because an obligor or
2.27obligee becomes responsible for the support of an additional nonjoint child, which is born
2.28after an existing order. Section 518A.33 shall be considered if other grounds are alleged
2.29which allow a modification of support.
2.30    (d) If child support was established by applying a parenting expense adjustment or
2.31presumed equal parenting time calculation under previously existing child support guidelines
2.32and there is no parenting plan or order from which overnights or overnight equivalents can
2.33be determined, there is a rebuttable presumption that the established adjustment or calculation
3.1will continue after modification so long as the modification is not based on a change in
3.2parenting time. In determining an obligation under previously existing child support
3.3guidelines, it is presumed that the court shall:
3.4(1) if a 12 percent parenting expense adjustment was applied, multiply the obligor's
3.5share of the combined basic support obligation calculated under section 518A.34, paragraph
3.6(b), clause (5), by 0.88; or
3.7(2) if the parenting time was presumed equal but the parents' parental incomes for
3.8determining child support were not equal:
3.9(i) multiply the combined basic support obligation under section 518A.34, paragraph
3.10(b), clause (5), by 0.75;
3.11(ii) prorate the amount under item (i) between the parents based on each parent's
3.12proportionate share of the combined PICS; and
3.13(iii) subtract the lower amount from the higher amount.
3.14    (e) On a motion for modification of maintenance, including a motion for the extension
3.15of the duration of a maintenance award, the court shall apply, in addition to all other relevant
3.16factors, the factors for an award of maintenance under section 518.552 that exist at the time
3.17of the motion. On a motion for modification of support, the court:
3.18    (1) shall apply section 518A.35, and shall not consider the financial circumstances of
3.19each party's spouse, if any; and
3.20    (2) shall not consider compensation received by a party for employment in excess of a
3.2140-hour work week, provided that the party demonstrates, and the court finds, that:
3.22    (i) the excess employment began after entry of the existing support order;
3.23    (ii) the excess employment is voluntary and not a condition of employment;
3.24    (iii) the excess employment is in the nature of additional, part-time employment, or
3.25overtime employment compensable by the hour or fractions of an hour;
3.26    (iv) the party's compensation structure has not been changed for the purpose of affecting
3.27a support or maintenance obligation;
3.28    (v) in the case of an obligor, current child support payments are at least equal to the
3.29guidelines amount based on income not excluded under this clause; and
4.1    (vi) in the case of an obligor who is in arrears in child support payments to the obligee,
4.2any net income from excess employment must be used to pay the arrearages until the
4.3arrearages are paid in full.
4.4    (f) A modification of support or maintenance, including interest that accrued pursuant
4.5to section 548.091, may be made retroactive only with respect to any period during which
4.6the petitioning party has pending a motion for modification but only from the date of service
4.7of notice of the motion on the responding party and on the public authority if public assistance
4.8is being furnished or the county attorney is the attorney of record, unless the court adopts
4.9an alternative effective date under paragraph (l). The court's adoption of an alternative
4.10effective date under paragraph (l) shall not be considered a retroactive modification of
4.11maintenance or support.
4.12    (g) Except for an award of the right of occupancy of the homestead, provided in section
4.13518.63, all divisions of real and personal property provided by section 518.58 shall be final,
4.14and may be revoked or modified only where the court finds the existence of conditions that
4.15justify reopening a judgment under the laws of this state, including motions under section
4.16518.145, subdivision 2. The court may impose a lien or charge on the divided property at
4.17any time while the property, or subsequently acquired property, is owned by the parties or
4.18either of them, for the payment of maintenance or support money, or may sequester the
4.19property as is provided by section 518A.71.
4.20    (h) The court need not hold an evidentiary hearing on a motion for modification of
4.21maintenance or support.
4.22    (i) Sections 518.14 and 518A.735 shall govern the award of attorney fees for motions
4.23brought under this subdivision.
4.24    (j) An enactment, amendment, or repeal of law constitutes a substantial change in the
4.25circumstances for purposes of modifying a child support order when it meets the standards
4.26for modification in this section.
4.27    (k) On the first modification following implementation of amended child support
4.28guidelines, the modification of basic support may be limited if the amount of the full variance
4.29would create hardship for either the obligor or the obligee. Hardship includes, but is not
4.30limited to, eligibility for assistance under chapter 256J.
4.31    (l) The court may select an alternative effective date for a maintenance or support order
4.32if the parties enter into a binding agreement for an alternative effective date.

5.1    Sec. 11. REPEALER.
5.2Minnesota Statutes 2022, section 518A.39, subdivision 3, is repealed."
5.3Amend the title accordingly