APPENDIX A
NOTICE IS HEREBY GIVEN TO THE PARTIES:
I. AUTOMATIC INCOME WITHHOLDING . IN ALL CHILD SUPPORT AND SPOUSAL
MAINTENANCE CASES WHICH ARE BEING ENFORCED BY THE PUBLIC
AUTHORITY, THE AMOUNT OF SUPPORT OR MAINTENANCE AS DETERMINED
BY COURT ORDER SHALL BE WITHHELD FROM INCOME, REGARDLESS OF THE
SOURCE, PURSUANT TO MINNESOTA STATUTE 518.613, AND FORWARDED BY
THE PAYOR OF FUNDS TO {Public Authority} AT {Address} .
A. Exceptions . If there is no arrearage in support or maintenance as of the date of the
court hearing, automatic income withholding may be stayed by meeting the requirements
of Minnesota Statute 518.614 (escrow account), or waived by meeting the requirements of
Minnesota Statute 518.613, Subd. 7 (other alterna tives). Procedures for release of the
stay or waiver and the initiation of income withhold ing are set forth in the applicable
statute.
II. NON-AUTOMATIC INCOME WITHHOLDING . IN ALL CASES, THE
AMOUNT OF CHILD SUPPORT OR SPOUSAL MAINTENANCE AS DETERMINED BY
COURT ORDER SHALL BE WITHHELD FROM INCOME, REGARDLESS OF
SOURCE, PURSUANT TO MINNESOTA STATUTE 518.611, AND FORWARDED BY
THE PAYOR OF FUNDS TO {Public Authority} AT {Address} , AFTER ALL OF THE
FOLLOWING CONDITIONS HAVE BEEN MET:
A. The person responsible to make the payment is at least 30 days in arrears;
B. The person entitled to receive the payment or the public authority serves written
notice of income withholding, showing arrearage, on the person responsible to make the
payment at least 15 days before service of the notice of income withholding and a copy of
the court's order for withholding on the payor of funds;
C. Within the 15 day period, the person responsible to make the payment fails to move
the Court to deny withholding on the grounds that an arrearage of at least 30 days does not
exist as of the date of the notice of income withholding, or on other grounds limited to
mistakes of fact and, ex parte, to stay service on the payor of funds until the motion to
deny withholding is heard;
D. The person entitled to receive payment or the public authority serves a copy of the
notice of income withholding, a copy of the court's order, and a copy of the provisions of
Minnesota Statute 518.611 on the payor of funds; and
E. The person entitled to receive payment serves on the public authority a copy of the
notice of income withholding, a copy of the court's order, an application to use the public
authority's collection services, and the fee for such services.
The person responsible to make the payment may, at any time, waive the written notice
required by this section.
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III. EFFECT OF INCOME WITHHOLDING . PURSUANT TO MINNESOTA STATUTE
518.611, THE FOLLOWING APPLIES TO ALL CHILD SUPPORT AND SPOUSAL
MAINTENANCE ORDERS:
A. An employer shall not discharge, or refuse to hire, or otherwise discipline an
employee as a result of a wage or salary withholding.
B. The employer or other payor of funds shall be liable to the person entitled to receive
the payment for any amounts required to be withheld.
C. Notwithstanding any law to the contrary, the withholding order is binding on the
employer, trustee, payor of the funds, or financial institu tion when service has been made.
Withholding must begin no later than the first pay period that occurs after 14 days
following the date of the notice. An employer, payor of funds, or financial institution in
this state is required to withhold income according to court orders for withholding issued
by other states or ter ritories. The payor shall withhold from income payable to the person
responsi ble to make the payment the amount specified in the order and shall remit, within
ten days of the date the person responsible to make the payment is paid the remainder of
the income, the amounts withheld to the public authority. The payor shall identify on the
remittance information the date the remainder of the income is paid. Employers may
combine all amounts withheld from one pay period into one payment to each public
authority, but shall separately identify each person responsible to make payments.
D. In the case of a financial institution, preautho rized transfers must occur in
accordance with a court-ordered payment schedule. The financial institution shall execute
preauthorized transfers from the deposit accounts of the person responsible to make the
payment in the amount specified in the order, and in such other amounts as directed by the
public authority responsible for child support enforcement. A financial institution is liable
to the person entitled to receive the payment if funds in any of the deposit accounts of the
person responsible to make the payment identified in the court order equal the amount
stated in the preautho rization agreement but are not transferred by the financial institution
in accordance with the agreement.
E. To pay the arrearage specified in the notice of income withhold ing, the employer or
payor of funds shall withhold from the income of the person responsible to make the
payment an additional amount equal to 20 percent of the monthly child support or
maintenance obligation until the arrearage is paid.
F. Unless otherwise ordered, if an arrearage exists at the time an order for ongoing
support or maintenance would otherwise terminate, income withholding shall continue in
effect in an amount equal to the former support or maintenance obligation plus an
additional amount equal to 20 percent of the monthly child support obligation, until all
arrears have been paid in full.
G. The person responsible to make the payment may move the court, under Minnesota
Statute 518.64, to modify the order respecting the amount of maintenance or support.
H. Priority . An order for withholding shall have priority over an attachment,
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execution, garnishment, or wage assignment and shall not be subject to the statutory
limitations on amounts levied against the income of the person responsible to make the
payment. Amounts withheld from an employee's income must not exceed the maximum
permitted under the Consumer Credit Protection Act, Untied States Code, title 15, section
1673(b)(2). If there is more than one withholding order on a single employee, the
employer or other payor of funds shall give priority to amounts currently due and not in
arrears and then to other amounts, in the sequence in which withhold ing orders were
received up to the maximum allowed under the consumer Credit Protection Act. Not -
withstanding any law to the contrary, funds from income sources identified in Minnesota
Statute 518.54, subdivision 6, whether periodic or lump sum, are not exempt from
attachment or execution upon a judgment for child support arrearages.
I. Disclosure Upon Hiring . When an individual is hired for employment, the
employer shall request that the individual disclose whether or not the individual has court-
ordered child support obligations that are required by law to be withheld from income and
the terms of the court order. The individual shall disclose this information at the time of
hiring. When an individual discloses that the individual owes child support that is
required to be withheld, the employer shall begin withholding according to the terms of
the court order and under Minnesota Statute 518.611. Information disclosed under this
section shall not be divulged except to the extent necessary for the administration of the
child support enforcement program or when otherwise authorized by law.
J. Notice of Termination . When a withholding order is in effect and the employment
of the person responsi ble for making the payment is terminated or the periodic payment
terminates, the person responsible to make the payment and the employer or payor of
funds shall notify the public agency responsible for child support enforcement of the
termination within 10 days of the termination date. The notice shall include the home
address of the person responsible to make the payment, and the name and address of the
new employer or payor of funds. Information disclosed under this section shall not be
divulged except to the extent necessary for the administra tion of the child support
enforcement program or when otherwise authorized by law.
K. Lump Sum Payments .
1. Upon the transmittal of the last reimbursement payment to the employee,
where a lump sum payment including, but not limited to, severance pay,
accumulated sick pay or vacation pay is paid upon termination of employment, and
where the employee is in arrears in making court ordered child support payments,
the employer shall withhold an amount which is the lessor of (1) the amount in
arrears, or (2) that portion of the arrearage which is the product of the court ordered
support amount multiplied by the number of months of net income that the lump
sum payment represents.
2. An employer, trustee, or other payor of funds who has been served with a
notice of income withholding must:
a. Notify the public authority of any lump sum payment of $500 or more
that is to be paid to the obligor;
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b. Hold the lump sum payment for 30 days after the date on which the
lump sum payment would otherwise have been paid to the person responsible
for making the payment;
c. Upon order of the court, pay any specified amount of the lump sum
payment to the public authority for support.
IV. FAMILY COURT RULE 303.06 . The parties are notified that:
A. Payment of support or maintenance, or both, is to be as ordered herein, and the
giving of gifts or making purchases of food, clothing, and the like will not fulfill the
obligation.
B. Payment of support must be made as it becomes due, and failure to secure, or denial
of rights of, visitation is not an excuse for nonpayment, but the aggrieved party must seek
relief through a proper motion filed with the court.
C. The payment of support or maintenance, or both, takes priority over payment of
debts and other obligations.
D. A party who remarries after dissolution and accepts additional obligations of support
does so with full knowledge of his or her prior obligations under this proceeding.
E. Child support and maintenance is based on annual income, and it is the
responsibility of a person with seasonal employment to budget income so that payments
are made regularly throughout the year as ordered. [This paragraph E is inapplicable if the
order of the court specifically provides that child support payments will be adjusted to
reflect seasonal variations in the income of the person respon sible to make the payment.]
V. COST OF LIVING ADJUSTMENT . PURSUANT TO MINNESOTA STATUTE
518.641, THE CHILD SUPPORT AND MAINTENANCE ORDERED HEREIN SHALL BE
ADJUSTED EVERY TWO YEARS BASED UPON A CHANGE IN THE COST OF
LIVING EFFECTIVE ON THE FIRST DAY OF MAY IN THE YEAR IN WHICH THE
ADJUSTMENT IS MADE, FOR PAYMENTS MADE TO THE PUBLIC AUTHORITY.
FOR PAYMENTS MADE OTHER THAN TO THE PUBLIC AUTHORITY, THE
ADJUSTMENT SHALL BE MADE UPON APPLICATION OF THE PERSON ENTITLED
TO RECEIVE THE PAYMENT AT LEAST TWO YEARS FOLLOWING THE DECREE
OF DISSOLUTION. THE AMOUNT OF THE ADJUSTMENT SHALL BE DETERMINED
BY USING THE U.S. DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS,
CONSUMER PRICE INDEX MPLS. ST. PAUL, FOR ALL URBAN CONSUMERS (CPI-U)
UNLESS OTHERWISE SPECIFIED IN THE ORDER. ANY COST OF LIVING
ADJUSTMENT PROVIDED FOR HEREIN SHALL BE COMPOUNDED. NO
ADJUSTMENT FOR COST OF LIVING SHALL BE MADE UNLESS THE FOLLOWING
CONDITIONS ARE MET:
A. The person entitled to receive the payment or the public authority serves a notice of
its application for adjustment by mail on the person responsible to make the payment at his
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or her last known address at least 20 days before the effective date of the cost of living
adjustment;
B. The notice shall inform the person responsible to make the payment of the date on
which the adjustment shall become effective; and
C. The cost of living adjustment shall be automatic unless the person responsible to
make the payment requests a court hearing on the issue of whether the adjustment should
take effect and to stay imposition of the adjustment pending the outcome of the hearing.
Notice of the court hearing shall be served on the person entitled to receive the payment
and the public authority involved, if any.
VI. PAYMENTS TO PUBLIC AGENCY . PURSUANT TO MINNESOTA STATUTE
518.551, SUBDIVISION 1, PAYMENTS ORDERED FOR MAINTENANCE AND
SUPPORT SHALL BE PAID TO THE PUBLIC AGENCY RESPONSI BLE FOR CHILD
SUPPORT ENFORCEMENT AS LONG AS THE PERSON ENTITLED TO RECEIVE
THE PAYMENTS IS RECEIVING OR HAS APPLIED FOR PUBLIC ASSISTANCE OR
HAS APPLIED FOR SUPPORT AND MAINTENANCE COLLECTION SERVICES.
VII. RECAPTURE OF TAX REFUNDS . THE PUBLIC AGENCY RESPONSIBLE
FOR CHILD SUPPORT ENFORCEMENT IS ENTITLED TO USE STATE AND
FEDERAL PROGRAMS TO ATTACH STATE INCOME TAX REFUNDS, PROPERTY
TAX CREDITS OR REFUNDS, AND LOTTERY PRIZES OF THE PERSON OBLIGATED
TO PAY SUPPORT AS PROVIDED IN MINNESOTA STATUTE CHAPTER 270A AND
SECTION 289A.50, AND TO ATTACH FEDERAL INCOME TAX REFUNDS IN
ACCORDANCE WITH FEDERAL LAW AS LONG AS THERE REMAINS ARREARS
OWED FOR UNPAID SUPPORT.
VIII. DOCKETING OF JUDGMENT FOR CHILD SUPPORT ARREARAGES . WHEN
A PERSON RESPONSIBLE FOR PAYING CHILD SUPPORT FAILS TO PAY AN
INSTALLMENT OF SUPPORT, THE AMOUNT THE PERSON FAILS TO PAY IS A
JUDGMENT BY OPERATION OF LAW ON AND AFTER THE DATE THE PAYMENT
IS DUE. THE JUDGMENT IS ENTITLED TO FULL FAITH AND CREDIT, IN THIS
STATE AND ANY OTHER STATE. INTEREST ACCRUES FROM THE DATE THE
JUDGMENT IS ENTERED AND DOCKETED. JUDGMENT MAY BE DOCKETED
ACCORDING TO THE PROCEDURE SET FORTH IN MINNESOTA STATUTE 548.091,
SUBDIVISION 2a. THE PERSON RESPONSIBLE FOR PAYING SUPPORT MAY
REQUEST A HEARING ON THE ISSUE OF WHETHER THE JUDGMENT AMOUNT
HAS BEEN PAID AND MAY MOVE THE COURT FOR AN ORDER TO VACATE THE
JUDGMENT IF THE COURT DETERMINES THAT THERE WAS NO DEFAULT.
IX. DOCKETING OF JUDGMENT FOR MAINTENANCE ARREARAGES .
PURSUANT TO MINNESOTA STATUTES 518.55, SUBDIVISION 2, AND 548.091,
SUBDIVISION 1, WHEN A PERSON RESPONSIBLE FOR PAYING SPOUSAL
MAINTENANCE FAILS TO MAKE THE MAINTENANCE PAYMENTS, THE PERSON
ENTITLED TO RECEIVE THE PAYMENT OR THE PUBLIC AGENCY RESPONSIBLE
FOR MAINTENANCE ENFORCEMENT MAY OBTAIN DOCKETING OF A
JUDGMENT. A JUDGMENT FOR UNPAID MAINTENANCE WILL BE ENTERED
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AGAINST THE PERSON RESPONSIBLE TO MAKE THE PAYMENT ONLY WHEN
ORDERED BY THE COURT OR AFTER ALL OF THE FOLLOWING CONDITIONS
HAVE BEEN MET:
A. The person entitled to receive the payment deter mines that the person responsible to
make the payment is at least 30 days in arrears;
B. The person entitled to receive the payment serves a copy of an affidavit of default
and notice of intent to enter a judgment on the person responsible to make the payment by
mail at the last known post office address. Service shall be deemed complete upon
mailing in the manner designated. The affidavit shall state the full name, occupation,
place of residence, and last known post office address of the person responsible to make
the payment, the name and post office address of the person entitled to receive the
payment, the date of the first unpaid amount, the date of the last unpaid amount, and the
total amount unpaid;
C. The person responsible to make the payment fails within 20 days after mailing of
the notice either to pay all unpaid amounts or to request a hearing on the issue of whether
arrears claimed owing have been paid and to seek, ex parte, a stay of entry of judgment;
and
D. Not less than 20 days after service on the person responsible to make the payment in
the manner provided, the person entitled to receive the payment files with the court
administrator the affidavit of default together with proof of service and, if payments have
been received by the person entitled to receive the payment since execution of the affidavit
of default, a supplemental affidavit setting forth the amount of payment received.
X. CHANGE OF ADDRESS . PURSUANT TO MINNESOTA STATUTE 518.55,
SUBDIVISION 3, THE PERSON RESPONSIBLE TO MAKE THE PAYMENT SHALL
NOTIFY THE PERSON ENTITLED TO RECEIVE THE PAYMENT AND, IF
APPLICABLE, THE PUBLIC AUTHORITY RESPONSIBLE FOR COLLECTION, OF A
CHANGE OF ADDRESS OR RESIDENCE WITHIN 60 DAYS OF THE ADDRESS OR
RESIDENCE CHANGE.
XI. MEDICAL SUPPORT . PURSUANT TO MINNESOTA STATUTE 518.171, THE
FOLLOWING LAW APPLIES TO COURT ORDERS FOR MEDICAL SUPPORT:
A. Order. Unless the person entitled to receive the payment has comparable or better
group dependent health insurance coverage available at a more reasonable cost, the court
shall order the person responsible to make the payment to name the minor child as
beneficia ry on any health and dental insurance plan that is available to the person
responsible to make the payment on a group basis or through an employer or union.
If the court finds that dependent health or dental insurance is not available to the person
responsible to make the payment on a group basis or through an employer or union, or that
the group insurer is not accessible to the person entitled to receive the payment, the court
may require the person responsi ble to make the payment to obtain dependent health or
dental insurance, or to be liable for reasonable and necessary medical or dental expenses
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of the child.
If the court finds that the dependent health or dental insurance required to be obtained by
the person responsible to make the payment does not pay all the reasonable and necessary
medical or dental expenses of the child, or that the dependent health or dental insurance
available to the person entitled to receive the payment does not pay all the reasonable and
necessary medical or dental expenses of the child, and the court finds that the person
respon sible to make the payment has the financial ability to contribute to the payment of
these medical or dental expenses, the court shall require the person responsible to make
the payment to be liable for all or a portion of the medical or dental expenses of the child
not covered by the required health or dental plan.
B. Spousal Coverage . If the person responsible to make the payment has available for
the benefit of the person entitled to receive the payment dependent health and dental
insurance at no additional cost, it shall be provided.
C. Implementation . A copy of the court order for insurance coverage shall be
forwarded to the employer or union of person responsible to make the payment by the
person entitled to receive the payment or the public authority responsible for support
enforcement only when ordered by the court or when the following conditions are met:
1. The person responsible to make the payment fails to provide written proof to
the person entitled to receive the payment or the public authority, within 30 days of
receiving effective notice of the court order, that the insurance has been obtained or
that application for insurability has been made;
2. The person entitled to receive the payment or the public authority serves
written notice to enforce medical support on the person responsi ble to make the
payment by mail at his or her last known post office address; and
3. The person responsible to make the payment fails within 15 days after the
mailing of the notice to provide written proof to the person entitled to receive the
payment or the public authority that the insurance coverage existed as of the date of
mailing.
The employer or union shall forward a copy of the order to the health and dental insurance
plan offered by the employer.
D. Effect of the Order . The order is binding on the employer or union and the health
and dental insurance plan when service under section C has been made. Upon receipt of
the order, or upon applica tion of the person responsible to make the payment pursuant to
the order, the employer or union shall enroll the minor child as a beneficiary in the group
insurance plan and withhold any required premium from the income or wages of the
person responsible to make the payment. If more than one plan is offered by the employer
or union, the child shall be enrolled in the insurance plan in which the person responsible
to make the payment is enrolled or the least costly plan otherwise available to the person
responsible to make the payment that is comparable to a number two qualified plan.
Failure of the person responsible to make the payment to execute any documents
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necessary to enroll the dependent in the group health and dental insurance plan will not
affect the obligation of the employer or union and group health and dental insurance plan
to enroll the dependent in a plan for which other eligibility requirements are met.
Information and authorization provided by the public authority responsible for child
support enforcement, or by the custodial parent or guardian, is valid for the purposes of
meeting enrollment requirements of the health plan. The insurance coverage for a child
eligible under section E shall not be terminated except as authorized in section E.
E. Eligible Child . A minor child that a person responsible to make the payment is
required to cover as a beneficiary pursuant to Minnesota Statute 518.171 is eligible for
insurance coverage as a dependent of the person responsible to make the payment until the
child is emancipated or until further order of the court.
F. Insurer Notice . The signature of the custodial parent of the insured dependent is a
valid authori zation to the insurer for purposes of processing an insurance reimbursement
payment to the provider of the medical services. When an order for dependent insurance
coverage is in effect and the employment of the person responsible to make the payment is
terminated, or the insurance coverage is terminated, the insurer shall notify the person
entitled to receive the payment within 10 days of the termina tion date with notice of
conversion privileges.
G. Release of Information . When an order for dependent insurance coverage is in
effect, the employer or union of the person respon sible to make the payment shall release
to the person entitled to receive the payment or the public authority, upon request,
informa tion on the dependent coverage, including the name of the insurer.
Notwithstanding any other law, information reported pursuant to Minnesota Statute
268.12 shall be released to the public agency responsible for support enforcement that is
enforcing an order for medical or dental insurance coverage under Minnesota Statue
518.171. The public agency responsible for support enforcement is authorized to release
to the insurer or employer of the person responsible to make the payment informa tion
necessary to obtain or enforce medical support.
H. Liability . If the person responsible to make the payment fails to maintain the
medical or dental insurance for the benefit of the children as ordered, he or she shall be
liable to the person entitled to receive the payment for any medical or dental expenses
incurred from the date of the court order. Proof of failure to maintain insurance
constitutes a showing of increased need by the person entitled to receive the payment
pursuant to Minnesota Statute 518.64 and provides a basis for a modification of the child
support order.
I. Application for Service . The public agency responsible for support enforcement
shall take necessary steps to implement and enforce an order for dependent health or
dental insurance whenever the children receive public assistance, or upon application of
the person entitled to receive the payment to the public agency and payment of any fees
required by Minnesota Statute 518.551.
J. Enforcement . Remedies available for the collection and enforcement of child
support apply to medical support. For the purpose of enforcement, the costs of individual
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or group health or hospitalization coverage or liabilities established pursuant to section H
above are additional child support.
XII. DEPRIVATION OF PARENTAL RIGHTS . PURSUANT TO MINNESOTA
STATUTE 518.177, NOTICE IS GIVEN OF MINNESOTA STATUTE 609.26,
"DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS," WHICH
STATES:
Subdivision 1. Prohibited acts . Whoever intentionally does any of the following acts
may be charged with a felony and upon conviction, may be sentenced as provided in
subdivision 6:
1. conceals a minor child from the child's parent where the action manifests an
intent substantially to deprive that parent of parental rights or conceals a minor child
from another person having the right to visitation or custody where the action
manifests an intent to substantially deprive that person of rights to visitation or
custody;
2. takes, obtains, retains, or fails to return a minor child in violation of a court
order which has transferred legal custody under Chapter 260 to the commissioner of
human services, a child placing agency, or the county welfare board;
3. takes, obtains, retains, or fails to return a minor child from or to the parent in
violation of a court order, where the action manifests an intent substantially to
deprive that parent of rights to visitation or custody;
4. takes, obtains, retains or fails to return a minor child from or to a parent after
commencement of an action relating to child visitation or custody but prior to the
issuance of an order determining custody or visitation rights, where the action
manifests an intent substantially to deprive that parent of parental rights; or
5. retains a child in this state with the knowledge that the child was removed
from another state in violation of any of the above provisions.
Subd. 2. Defenses . It is an affirmative defense if a person charged under subdivision 1
proves that:
1. the person reasonably believed the action taken was necessary to protect the
child from physical or sexual assault or substantial emotional harm;
2. the person reasonably believed the action taken was necessary to protect the
person taking the action from physical or sexual assault;
3. the action taken is consented to by the parent, stepparent, or legal custodian
seeking protection, but consent to custody or specific visitation is not consent to the
action of failing to return or concealing a minor child; or
4. the action taken is otherwise authorized by a court order issued prior to the
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violation of subdivision 1.
The defenses provided in this subdivision are in addition to and do not limit other
defenses available under this chapter or chapter 611.
Subd. 3. Venue . A person who violates this section may be prosecuted and tried either in
the county in which the child was taken, concealed, or detained or in the county of lawful
residence of the child.
Subd. 4. Return of child; costs . A child who has been concealed, obtained, or retained
in violation of this section shall be returned to the person having lawful custody of the
child or shall be taken into custody pursuant to Minnesota Statute 260.165, subdivision 1,
paragraph (c), clause (2). In addition to any sentence imposed, the court may assess any
expense incurred in returning the child against any person convicted of violating this
section. The court may direct the appropriate county welfare agency to provide
counseling services to a child who has been returned pursuant to this subdivision.
Subd. 5. Dismissal of charge . A felony charge brought under this section shall be
dismissed if:
(a) the person voluntarily returns the child within 48 hours after taking, detaining,
or failing to return the child in violation of this section; or
(b)(1) the person taking the action and the child have not left the state of Minnesota;
and (2) within a period of 7 days after taking the action, (i) a motion or
proceeding under chapter 518, 518A, 518B, or 518C is commenced by the
person taking the action, or (ii) the attorney representing the person taking the
action has consented to service of process by the party whose rights are being
deprived, for any motion or action pursuant to chapter 518, 518A, 518B, or
518C.
Clause (a) does not apply if the person returns the child as a result of being located
by law enforcement authori ties. This subdivision does not prohibit the filing of
felony charges or an offense report before the expiration of the 48 hours.
Subd. 6. Penalty . Except as otherwise provided in subdivision 5, whoever violates
this section may be sentenced as follows:
(1) to imprisonment for not more than two years or to payment of a fine of not
more than $4,000, or both; or
(2) to imprisonment for not more than four years or to payment of a fine of not
more than $8,000, or both, if the court finds that:
(i) the defendant committed the violation while possessing a dangerous
weapon or caused substantial bodily harm to effect the taking;
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(ii) the defendant abused or neglected the child during the concealment,
detention, or removal of the child;
(iii) the defendant inflicted or threatened to inflict physical harm on a parent
or lawful custodian of the child or on the child with intent to cause the parent
or lawful custodian to discontinue criminal prosecution;
(iv) the defendant demanded payment in exchange for return of the child or
demanded to be relieved of the financial or legal obligation to support the
child in exchange for return of the child; or
(v) the defendant has previously been convicted under this section or a similar
statute of another jurisdiction.
XIII. NOTICE OF CERTAIN PARENTAL RIGHTS . IF THE ATTACHED ORDER
CONTAINS PROVISIONS CONCERNING CUSTODY, THE FOLLOWING NOTICE
APPLIES, UNLESS IT HAS BEEN WAIVED BY THE COURT PURSUANT TO
MINNESOTA STATUTE 518.17, SUBDIVISION 3:
A. Each party has the right of access to and to receive copies of, school, medical, dental,
religious training, and other important records and information about the minor children.
Presentation of a copy of this order to the custodian of a record or other information about the
minor children con stitutes sufficient authorization for the release of the record or information
to the requesting party.
B. Each party shall keep the other party informed as to the name and address of the school
of attendance of the minor children. Each party has the right to be informed by school
officials about the children'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. In case of an accident or serious illness of a minor child, each party shall notify the other
party of the accident or illness, and the name of the health care provider and the place of
treatment.
D. Each party has the right to reasonable access and telephone contact with the minor
children.
XIV. CAPITAL GAIN ON SALE OF PRINCIPAL RESIDENCE . INCOME TAX LAWS
REGARDING THE CAPITAL GAIN TAX MAY APPLY TO THE SALE OF THE
PARTIES' PRINCIPAL RESIDENCE AND THE PARTIES MAY WISH TO CONSULT
WITH AN ATTORNEY CONCERNING THE APPLICABLE LAWS. THESE LAWS MAY
INCLUDE, BUT ARE NOT LIMITED TO, THE EXCLUSION AVAILABLE ON THE
SALE OF THE PRINCIPAL RESIDENCE FOR THOSE OVER A CERTAIN AGE
PURSUANT TO SECTION 121 OF THE INTERNAL REVENUE CODE OF 1986 OR
OTHER APPLICABLE LAW. IF THE ATTACHED ORDER AWARDS TITLE TO A
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PRINCIPAL RESIDENCE TO A PARTY, UNLESS THE ORDER OTHERWISE
PROVIDES , USE OF THE CAPITAL GAINS EXCLUSION IS AWARDED TO THAT
PARTY.
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