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D. A party who remarries after dissolution and accepts additional obligations of support <br /> does so with full knowledge of his or her prior obligations under this proceeding. <br /> E. Child support and maintenance is based on annual income, and it is the responsibility <br /> of a person with seasonal employment to budget income so that payments are made <br /> regularly throughout the year as ordered. [This paragraph E is inapplicable if the <br /> order of the court specifically provides that child support payments will be adjusted to <br /> reflect seasonal variations in the income of the person responsible to make the <br /> payment.] <br /> V. COST OF LIVING ADJUSTMENT. PURSUANT TO MINNESOTA STATUTE 518.641, THE <br /> CHILD SUPPORT AND MAINTENANCE ORDERED HEREIN SHALL BE ADJUSTED EVERY <br /> TWO YEARS BASED UPON A CHANGE IN THE COST OF LIVING EFFECTIVE ON THE <br /> FIRST DAY OF MAY IN THE YEAR IN WHICH THE ADJUSTMENT IS MADE, FOR <br /> PAYMENTS MADE TO THE PUBLIC AUTHORITY. FOR PAYMENTS MADE OTHER THAN <br /> TO THE PUBLIC AUTHORITY, THE ADJUSTMENT SHALL BE MADE UPON APPLICATION <br /> OF THE PERSON ENTITLED TO RECEIVE THE PAYMENT AT LEAST TWO YEARS <br /> FOLLOWING THE DECREE OF DISSOLUTION. THE AMOUNT OF THE ADJUSTMENT <br /> SHALL BE DETERMINED BY USING THE U.S. DEPARTMENT OF LABOR, BUREAU OF <br /> LABOR STATISTICS, CONSUMER PRICE INDEX MPLS. ST. PAUL, FOR ALL URBAN <br /> CONSUMERS (CPI-U) UNLESS OTHERWISE SPECIFIED IN THE ORDER. ANY COST OF <br /> LIVING ADJUSTMENT PROVIDED FOR HEREIN SHALL BE COMPOUNDED. NO <br /> ADJUSTMENT FOR COST OF LIVING SHALL BE MADE UNLESS THE FOLLOWING <br /> CONDITIONS ARE MET: <br /> A. The person entitled to receive the payment or the public authority serves a notice of its <br /> application for adjustment by mail on the person responsible to make the payment at <br /> his or her last known address at least 20 days before the effective date of the cost of <br /> living adjustment; <br /> 6. The notice shall inform the person responsible to make the payment of the date on <br /> which the adjustment shall become effective; and <br /> C. The cost of living adjustment shall be automatic unless the person responsible to <br /> make the payment requests a court hearing on the issue of whether the adjustment <br /> should take effect and to stay imposition of the adjustment pending the outcome of the <br /> hearing. Notice of the court hearing shall be served on the person entitled to receive <br /> the payment and the public authority involved, if any. <br /> VI. PAYMENTS TO PUBUC AGENCY. PURSUANT TO MINNESOTA STATUTE 518.551, <br /> SUBDIVISION 1, PAYMENTS ORDERED FOR MAINTENANCE AND SUPPORT SHALL BE <br /> PAID TO THE PUBLIC AGENCY RESPONSIBLE FOR CHILD SUPPORT ENFORCEMENT <br /> AS LONG AS THE PERSON ENTITLED TO RECEIVE THE PAYMENTS IS RECEIVING OR <br /> HAS APPLIED FOR PUBLIC ASSISTANCE OR HAS APPLIED FOR SUPPORT AND <br /> MAINTENANCE COLLECTION SERVICES. <br /> VII. RECAPTURE OF TAX REFUNDS. THE PUBLIC AGENCY RESPONSIBLE FOR CHILD <br /> SUPPORT ENFORCEMENT IS ENTITLED TO USE STATE AND FEDERAL PROGRAMS TO <br /> ATTACH STATE INCOME TAX REFUNDS, PROPERTY TAX CREDITS OR REFUNDS, AND <br /> LOTTERY PRIZES OF THE PERSON OBLIGATED TO PAY SUPPORT AS PROVIDED IN <br /> MINNESOTA STATUTE CHAPTER 270A AND SECTION 289A.50, AND TO ATTACH <br /> FEDERAL INCOME TAX REFUNDS IN ACCORDANCE WITH FEDERAL LAW AS LONG AS <br /> THERE REMAINS ARREARS OWED FOR UNPAID SUPPORT. <br /> VIII. DOCKETING OF JUDGMENT FOR CHILD SUPPORT ARREARAGES. WHEN A PERSON <br /> RESPONSIBLE FOR PAYING CHILD SUPPORT FAILS TO PAY AN INSTALLMENT OF <br /> SUPPORT, THE AMOUNT THE PERSON FAILS TO PAY IS A JUDGMENT BY OPERATION <br /> ric Asa(1fl2) -4- <br /> • <br />