Recent Blog Posts

New Indiana Child Support Law Similar to Minnesota Law

Minnesota Divorce Lawyer — Wed, 16 May 2012 14:57:00 GMT

On July 1^st, a new Indiana child support law will go into effect. The law states that a non-custodial parent's child support obligation ends on the child's 19^th birthday.

Currently, a non-custodial parent is required to pay child support until the child's 21^st birthday.

Children who are going to college do have the option to apply for court-ordered child support to pay for their education expenses after their 19^th birthday. The amount of money awarded in these cases will vary significantly depending on the case.

"Under Minnesota law, child support continues until a child is 18 or 20 and still in high school," says Minnesota divorce attorney, Amanda Crain. "Parents do not have an obligation to financially support their children past this age, although they may voluntarily choose to do so."

There are 3 types of child support in Minnesota:

Basic Support (day-to-day care)
Medical Support
Child Care Support (work-related child care costs)

"In Minnesota, parents do not have a duty to aid in education related expenses for their minor children, although parents can always agree to share such expenses in a divorce decree or other stipulation," says Crain. "Likewise, parents do not have a duty to support their adult children in their post-secondary education expenses. Requiring unmarried parents to financially support their adult children may promote further financial strain on parents, when their adult children are more than capable of supporting themselves."

Related Sources:

Starpress.com

Top 5 Tips for Dealing with a Child Custody Evaluator

Kelsey Swanson — Fri, 11 May 2012 18:51:00 GMT

Sometimes in child custody cases a custody evaluator is used as a neutral third party to make determinations of custody and parenting time. Here are the top 5 tips for dealing with a custody evaluator.

Be respectful. Realize that the custody evaluator is only doing his or her job and that job is to assess you and your relationship with your child. Acting irritated about the process, the questions asked, or paperwork required paints you in a bad light. You do not want to seem uncooperative or difficult. Remember that this evaluation will be submitted to the judge and it will have a recommendation for custody and parenting time of your children. You do not want to be on the custody evaluator's bad side.
Be punctual. Make sure that you are on time for appointments and prompt in completing any paperwork. Also, make your payments to the evaluator in a timely matter. You do not want to be perceived as intentionally attempting to thwart or prolong the process. This might be misconstrued by the court.
Be honest. No one is a perfect parent. Be honest about your parenting skills, your parenting styles, your values, and your relationship with your children. You want the custody evaluator to know that you take this process seriously, and if the custody evaluator does not think that you are being truthful, then your credibility will be called into question and can hurt you in the report.
Be organized. Outline your thoughts, questions, concerns, etc. prior to your meetings with the custody evaluator. If you must provide documents, make sure that they are well-organized and neat. Provide documents neatly and promptly, keeping copies for yourself. This demonstrates that you value the process and that you care about the outcome.
Be careful. Remember that the custody evaluator is a neutral third party. They are not your friend or confidant. Do not spend your time with the evaluator bashing the other parent, or making derogatory comments about the other party, the judge, or the attorney. Remember that everything you say could be included in the report and part of the recommendation.

Childhood Obesity and Child Custody Modification

Minnesota Divorce Lawyer — Mon, 07 May 2012 15:38:00 GMT

With child obesity on the rise, some are debating the need for child custody modification for obese children.

Child obesity is a continuing problem amongst our nation's youth. A recent study found that roughly 17% of kids aged 2-19 are obese.

Some say that states need to take action against childhood obesity in the interest of protecting the lives of overweight children. The question is whether or not obesity can be considered neglect.

"[Child welfare agencies] look at children not fed at all as neglect," says Dr. Cecil-Van Den Heuvel. "This is just a different form of neglect that most parents don't recognize.

This issue is obviously very controversial. States are still trying to determine what the best course of action is, keeping the best interests of the children in mind.

"In Minnesota, there are no published appellate cases that rely on obesity as a sole reason to modify custody," says MN Divorce Lawyer, Katie Lammers. "However, if a moving party could show that the child's present environment endangers the child's physical or emotional health or impairs the child's emotional development, they may have grounds for child custody. If the movant was able to trace the endangerment back to obesity and then back to, perhaps, a parent's continued refusal to follow a doctor's advice, obesity may be grounds to support a modification of custody in Minnesota."

Do you think the state should intervene and modify child custody if a child is obese?

Related Sources:

southuniversity.edu

3 Things to Remember When Dividing Property in Divorce

Kelsey Swanson — Fri, 04 May 2012 20:26:00 GMT

Sometimes, clients will believe that if their name is removed from the title of the home, then they are removed from the liability of the home (i.e. the outstanding mortgages or home equity lines of credit). Unfortunately, this is not the case. Your divorce decree can divide up property and determine the disposition of the home; however, the bank is the entity that ultimately decides who they will go after if someone defaults on the payments. Here are three things to consider when discussing the disposition of the home.

While your divorce decree may say that your spouse is going to be awarded the house, which means they will be solely responsible for paying the mortgage and any encumbrances on the home, be aware that you might still be on the hook. If your name is on the mortgage, or the home equity line of credit, this can cause you a number of problems. First and foremost, the bank does not care if your divorce decree says that your husband is responsible for the mortgage. If your name is also on the mortgage and the home goes into foreclosure, then the bank will come after you as well. One option to consider when going through the divorce is whether or not your spouse will be able to refinance the mortgage in his or her own name. That way, you can be assured that it won't be your credit dragged through the mud should he or she default.
Having an outstanding mortgage will affect your debt-to-income ratio. If your spouse is awarded the home and your name remains on the mortgage, when you go to buy your own property, the outstanding mortgage on your marital home will be considered in your debt-to-income ratio. Why? If your spouse defaults, then the bank will come after you. Unless your income is high enough, a bank may not give you a mortgage if it appears that there might be other mortgage payments to be made that cut into your gross monthly income.
If you opt to sell the home, someone is going to need to take care of the mortgage, utilities, etc. until the home sells. Typically, this will be the person who stays in the home up until the date of sale. One problem that might arise is that the spouses cannot agree on how much the home should sell for. One way to deal with this issue is to agree that the parties will hire a realtor or agent and follow all of his or her recommendations. That way, an independent third party will control what is a fair sale price for the home.

5 Tips for Appearing in Minnesota Family Court

Katie Lammers — Thu, 26 Apr 2012 15:11:00 GMT

Even with a family law attorney by your side, there are things a party could do or say that may negatively impact their family law case. Here are a few tips for putting your best foot forward when appearing in front of family law judges in Minnesota. Family law matters are emotionally charged so it's important to adhere to the following tips so you don't work against yourself in the courtroom.

Be on time. Courts and Judges are very busy and often have back-to-back hearings. If you are late and the court has to wait for you, you are already off to the wrong start.
Dress appropriately. No t- shirts, spaghetti strap tops, chewing gum, hats, or sweatpants. Court is serious and you should dress like you take it seriously. If you have doubts about what is appropriate, ask your attorney.
Be on your best behavior. If the Court addresses you directly, answer clearly and refer to the judicial officer as "your honor" or "judge." Do not interrupt the judge. Do not speak unless asked directly by the court or your attorney. Your attorney is working on a lot of things at once in the courtroom—making your argument, responding to questions from the judge, preparing objections, anticipating rebuttal arguments, taking notes, and making a clear record. If you have something you want to convey to your attorney during a trial or an oral argument, make a note of what you'd like to say and hand the note to your attorney without being distracting. Do not whisper to your attorney or poke or grab him or her while they are speaking. The attorney could miss something important while you are trying to get his or her attention. Plus, it's distracting to the bench and could make you and your attorney look rattled or unprepared. Crying is ok, but do not speak out or exclaim anything unless you are asked a direct question. No profanity! If you are frustrated with your attorney, save it for after the hearing.
Be courteous to court staff. They have a direct line to the judges. If you are rude or obnoxious to court staff, the judge will definitely hear about it.
Don't be afraid to ask questions. Court is a foreign experience for most family law litigants. If you have questions about the proceedings, what is being said, or procedure ask your attorney. At the end of some hearings, judges will ask parties if they have any questions. If you have a question—speak up! This is your life, your children, and your money and you should be well-informed about what is going on and what your options are.

Controversial Child Custody Bill Passed by MN House

Minnesota Divorce Lawyer — Wed, 25 Apr 2012 19:17:00 GMT

A new controversial child custody bill was recently passed by the Minnesota House and now moves to the Senate for a vote.

If passed into law, the bill would add a presumption of joint custody (both physical and legal). The purpose of this is to balance the child custody system, which some say heavily favors the mother over the father.

The bill is sponsored by Peggy Scott, R-Andover, who argues the bill is needed to make the MN family law system more fair and just for mothers, fathers, and children. Those against the bill argue that 95 percent of families agree on child custody time anyway, and that presuming join custody would lead to more hostile divorce cases.

Under current Minnesota Law, when joint physical custody is sought or contemplated, the judge considers the following factors to award joint physical custody:

The ability of the parents to cooperate in rearing their children
Methods for resolving disputes regarding any major decision concerning the child
Whether it would be detrimental for the child if one parent were to have sole authority over the child's upbringing
Whether domestic abuse has occurred between the parents

"While Minnesota law currently imposes a rebuttable presumption of joint legal custody, changing the law to a presumption of joint physical custody would no longer require judges to contemplate the ability of two parents to effectively co-parent a child when ordering joint physical custody," says MN divorce attorney, Amanda Crain. "In some scenarios, this may result in two parents being forced to "co-parent" who can do little more than fight every time they attempt to discuss an issue regarding the minor child. The child is exposed to ongoing disputes, emotional impulsivity, aggression, anxiety, and potentially parents that are unable to separate their own needs from those of the child. Such high-conflict parenting is neither in the best-interest of the minor child nor helpful in the child's development. Additionally, parents that have never been married may not be good candidates for sharing custody, when there has not been a prior long term relationship, history of joint decision making, or past mutual support to expound upon."

The bill was passed through the Minnesota House by an 80-53 vote. It now passes to the Senate.

Related Sources:

tcdailyplanet.net

MPR

Top 5 Acronyms to Know in Family Court

Amanda Crain — Mon, 23 Apr 2012 15:45:00 GMT

"ICMC"(Initial Case Management Conference) - An Initial Case Management Conference is an informal initial meeting with a judge or referee in a pending family court case, which is generally scheduled within 3-4 weeks upon one party filing an action. The ICMC hearing is used as an early intervention tool by judges and referees to establish the court's control of a case, offer alternative dispute resolution processes, set discovery deadlines, discuss settlement progress, and schedule future hearings.

"SENE" (Social Early Neutral Evaluation) - A Social Early Neutral Evaluation is a form of alternative dispute resolution that is voluntary and non-binding on parties, similar to mediation. An SENE addresses social issues in family law cases, such as custody and parenting time for minor children. Unlike a mediation however, the evaluators give specific recommendations of what they believe a judge or referee would likely order in the event that the parties do not settle outside of court. Typically SENEs involve two evaluators, one male and one female, the parties, and attorneys (unless the parties are pro se). Generally SENEs are conducted after the ICMC hearing with a judge and typically help parties to settle their cases outside of court.

"FENE" (Financial Early Neutral Evaluation) – A Financial Early Neutral Evaluation is like an SENE, except that it addresses the financial issues in a dissolution. Such issues include spousal maintenance, property division, non-martial claims, homestead awards, and child support. FENEs generally only use one evaluator, unlike an SENE which uses one male and one female evaluator. The Financial Evaluator provides his or her view of an equitable division of the marital estate, a reasonable spousal maintenance award, and child support obligation.

"OFP" (Order for Protection) - An Order for Protection is a family court order which prevents a person from physically harming another person or any minor child(ren) in the home or causing fear of immediate physical harm. OFPs are ordered in cases of domestic abuse (i.e. bodily harm, fear of bodily harm, terrorist threats, or criminal sexual conduct) which occurs between family members, household members, or persons involved in a significant romantic relationship. OFPs usually prohibit the person from entering the other party's home, place of employment, and the children's school. OFPs can also prohibit communication between the parties and communication through third parties. OFPs may also address custody, visitation of the minor children, and temporary child support.

"HRO" (Harassment and Restraining Order) - A Harassment and Restraining Order is a civil court order which prevents a person from contacting another party and further harassing that party. HROs are ordered in cases where there has been a physical assault, sexual assault, or more than one incident of intrusive or unwanted acts, words, or gestures that have (or intend to have) a substantial adverse effect on the safety, security, or privacy of the other person. Unlike an OFP, HROs do not require a special relationship between the two parties. Unlike OFP, HROS cannot address custody, parenting time for the minor children, or order child support.

New Alabama Bill Would Make Divorce Difficult

Minnesota Divorce Lawyer — Mon, 16 Apr 2012 20:31:00 GMT

A new bill in the Alabama legislature would make it more difficult to get divorced for couples who enter into a covenant marriage.

The bill would make it a requirement for couples to undergo counseling before a covenant marriage, and more counseling before getting divorced. It would also limit the legitimate reasons for divorce to include the following situations:

One spouse commits adultery
A spouse refuses to return to the shared home for at least a year
A spouse physically, emotionally, or sexually abuses the other spouse or one of the couple's children
The couple has been living apart for at least two years

The bill is meant to cut down on Alabama's high divorce rate. Alabama has the fourth highest divorce rate in the nation according to the US census bureau.

"(The bill) was designed in part to say that we believe the family unit is the backbone of our society and is worth preserving," said Sen. Phil Williams, one of the bill's sponsors. "It simply provides an option, and I stress, it's simply an option."

Many have criticized the bill, saying that it would provide roadblocks for spouses in abusive relationships who want to get out.

Related Sources:

Montgomeryadvisor.com

Parenting Time for Non-Biological Parent

Kelsey Swanson — Tue, 10 Apr 2012 15:44:00 GMT

Can a person who has assumed the role of a parent request to continue their parental relationship with the child if the relationship with the biological parent has ended?

This question is especially pertinent to same-sex couples.

For example, party A has a child. Party B is not the biological parent and does not adopt the child. However, Party B fulfills the role of a parent for the child. Years go by and the parties break up. However, Party B wants to maintain a relationship with the child. Can Party B do so?

Depending on the circumstances, Party B can request that the court grant Party B reasonable parenting time.

Minn. Stat. §257C.07 (outlined below) describes the visitation rights of unmarried persons.

Subd. 4. If child has resided with other person.

If an unmarried minor has resided in a household with a person, other than a foster parent, for two years or more and no longer resides with the person, the person may petition the district court for an order granting the person reasonable visitation rights to the child during the child's minority. The court shall grant the petition if it finds that:

(1) visitation rights would be in the best interests of the child;

(2) the petitioner and child had established emotional ties creating a parent and child relationship; and

(3) visitation rights would not interfere with the relationship between the custodial parent and the child.

The court shall consider the reasonable preference of the child, if the court considers the child to be of sufficient age to express a preference.

If Party A should argue that parenting time with Party B will interfere with Party A's relationship with the child, the court will hold a trial on the issue and take testimony and determine whether or not parenting time would truly interfere.

Maryland Court Considers Lesbian Divorce Case

Minnesota Divorce Lawyer — Mon, 09 Apr 2012 20:40:00 GMT

The Maryland High Court is currently considering a divorce case involving a married lesbian couple.

Same sex marriage is currently not legal in Maryland. The couple in question married in California in 2008 when it was legal for same sex couples to marry. In 2010, a Maryland judge denied them a divorce, saying that their marriage wasn't recognized by the state of Maryland.

The couple's lawyers argue that, though gay marriage is not legal in Maryland, the court should recognize marriages performed in other states. Additionally, the state of Maryland has been very inconsistent in its decision to grant gay divorces. Several same sex couples have been granted divorces, while others have not.

Whatever the court's decision, it may not have much impact since it same sex marriage (and divorce) will become legal in Maryland this January. But the attorneys arguing the case say that should have no bearing. This case is about the state recognizing marriages performed in other states, not the right for couples to marry in Maryland.

Related Sources:

Baltimore Sun

5 Things You Need to Know about Orders for Protection (OFPs)

Kelsey Swanson — Fri, 06 Apr 2012 19:56:00 GMT

Sometimes in divorce cases, one or both parties files for an OFP (Order for Protection). These are court orders that protect the party in question from abuse. There are many misconceptions about OFPs. Here are the 5 things you need to know about OFPs.

You can be served up to 12 hours before the hearing. However, if you are served less than five days before the hearing, you may request a continuance of the hearing (for up to five days).
You have three choices when there is an Order for Protection. You can:
1. Agree to the entry of the Order for Protection and admit to the allegations in the Petition (i.e. you say that you committed the alleged acts of domestic abuse) and the Order for Protection will be entered against you.
2. You can stipulate for the Order for Protection to be entered without findings (i.e. you say that you will stay away from the person/not contact them but the judge will not say you committed any acts of domestic abuse).
3. You can deny the allegations in the OFP and then have a trial (i.e. you will force the Petitioner to prove that the allegations are true).
You can ask for spousal maintenance, custody, and other remedies under the Order for Protection. For example, if you are married and you are requesting your Order for Protection against your spouse, you may ask the Court to grant you custody of the children.
You cannot contact the Petitioner even if they contact you first. If there is an OFP and you are restricted from contacting the Petitioner, even if the Petitioner invites you to his/her home, calls you/texts you, etc. if you respond, you are in violation of the Order for Protection.
Interfering with a 911 call is grounds for an Order for Protection. If your family/household member is making a 911 call and you interfere with the call (i.e. by hanging up the phone, grabbing the phone, etc.) this is grounds for an Order for Protection.

Divorce Rates Rising Amongst Baby Boomers

Amanda Crain — Mon, 02 Apr 2012 16:35:00 GMT

New research shows that divorce rates among baby boomers are higher than ever. Couples over 50 were twice as likely to divorce in 2009, than 50+ couples back in 1990.

Divorce today does not carry the same stigma as it did twenty or thirty years ago. Today, social changes have caused older individuals to accept divorce more willingly than the generation before them. While the divorce rate of baby boomers is on the rise, these older divorcing couples need to be aware of the implications of divorcing at a later age, especially in a long term marriage.

For example, older divorcing couples in a long term marriage need to be aware that spousal maintenance may be awarded to the other spouse, especially if the spouse was a stay at home parent during the majority of the marriage. The spouse paying the maintenance will need to consider how they will pay this obligation under their current budget constraints. In addition, older divorcing couples need to be aware that an equitable property division in a divorce may require that the parties divide retirement accounts, which leaves the owners of these accounts with less than they may have expected at retirement.

Upon divorce, older couples should also consider updating their estate plans (i.e. wills, powers of attorney, living wills) to reflect this divorce. Under Minnesota Law, upon a divorce, your will is applied as if your ex-spouse is predeceased, even if you have not updated your will to reflect the divorce. Essentially the property that is distributed by your will bypass your ex-spouse and go to your contingent beneficiaries. However, it is good practice to execute a new will to reflect the divorce, to limit future disputes of interpretation of your will.

On the other hand, health care directives (i.e. living wills) and powers of attorney are not automatically changed upon divorce, so that the ex-spouse will remain the designated agent. Divorcing couples should revoke their current powers of attorney and health care directives and execute new powers of attorney and health care directives. Otherwise if the documents remain unchanged, the individual's ex -spouse has broad access to an individual's finances and access to make end of life decisions, which is often not an individual's intent after a divorce.

Why do you think baby boomer divorce rates are so high?

Related Sources:

Sacbee.com

DIVIDING PROPERTY OF NON-MARRIED COUPLES

Katie Lammers — Thu, 29 Mar 2012 15:58:00 GMT

Diving property for couples who cannot marry or who choose not to marry is different than the process for diving property accumulated by a married couple. In Minnesota, you do not acquire property rights just because you reside together. Minnesota does not recognize "common law" marriage. Sometimes unmarried couples will have an agreement drawn up as to how to divide their property in the event of a break-up. Sometimes this agreement is referred to as a "Cohabitation Agreement." A Cohabitation agreement addresses how the property and the assets are owned and whether or not income and expenses are shared. The agreement also addresses how the assets and debts are to be divided in the event of a separation and should include a process for disposing of the property. For example, the agreement can outline who has the right to buy the other out of the home or whether the property will be sold upon separation.

Usually unmarried couples who jointly own property are designated in one of two ways:

Joint Tenants: the property is shared equally and if one person dies, the other inherits all of the property.
Tenants-in-common: each person owns a share of the property, 50/50 or 75/25 etc. If one person dies, his or her share is passed on to heirs.

In the event the property is purchased separately by one person and kept separate, that property will usually remain belonging to the sole owner. Issues arise when one person owns the property but the other person makes financial contributions to the property. If parties cannot agree how to divide property, sometimes a partition action or other civil claims such as unjust enrichment or constructive trust claims will arise. At that point, the civil court can use Minnesota statutes and case law to divide the property.

Many unmarried couples in committed relationships purchase homes, personal items, and decide to have children without entering into marriage. While dividing the property interests of unmarried couples occurs in civil court, family court deals with the custody rights of each unmarried parent, if they have children together. Thus, unmarried couples must file at least two separate actions if they have property and children.

Unmarried couples are not responsible for the other's debts after a breakup. They are not required to formally dissolve their relationship in a legal proceeding if there aren't any disputes. One of the biggest differences to consider when comparing the division of property of unmarried couples to the division of marital property is that property acquired during the cohabitation does not have the presumption of a substantial contribution by each party that marital property has in a divorce.

The best way to avoid property litigation upon the termination of a relationship between unmarried people is to agree on the division of property though a cohabitation agreement.

India Court Rules Denying Sex is Grounds for Divorce

Minnesota Divorce Lawyer — Mon, 26 Mar 2012 19:36:00 GMT

The India High Court in Delhi recently ruled that a spouse denying sex during marriage is cruelty and grounds for divorce.

The particular case in question is that of a "sex-starved" husband who claims his wife denied him sex on their wedding night and throughout their marriage. The man reports that his wife acted like dead wood during the 10-15 times they had intercourse during their 5 month stint as a couple.

The couple was married in 1991. The wife left 5 months after. A divorce decree was handed down by a lower court in 2001. The wife then appealed the decision to the higher court this year. They did not overturn the ruling.

High Court Justice Kailash Gambhir said that "sex is the foundation of marriage and marriage without sex is an anathema. Marriage without sex will be an insipid relationship."

"In Minnesota divorcing couples often want to bring misconduct—sexual or otherwise—into the proceedings," says Divorce Attorney Katie Lammers. "Minnesota is a 'no fault' divorce state, which means if your spouse has stopped sleeping with you or is sleeping with someone else, unless it affects their ability to parent, most likely the court won't want to know about it. It won't affect a spouse's ability to receive property or spousal maintenance either. In some cases, where one party is not able to 'consummate' the marriage with sexual intercourse and the other party did not know this at the time of the marriage ceremony an annulment may be available."

Related Sources:

TheDailyMail.com

Top 5 Things to Know About Child Support in Minnesota

Amanda Crain — Fri, 23 Mar 2012 16:28:00 GMT

Income Share Model. Many parents assume that child support is only based on the obligor or non-custodial parent's gross monthly income. Minnesota, along with many other states, applies what is called the income-shares model. Under this model, child support is based on both parents' incomes. Even if one parent is not working, income will be "imputed" to them. Minnesota law assumes that an adult, unless they suffer from some sort of physical or mental disability, is able to work full time at 40 hours per week. If a parent is not working, the court will impute income to that parent based on the ability of that parent to work 40 hours per week at 150% of minimum wage. Currently, this calculates to $1,884.00 per month.

Child support is defined as three different types of support. Under Minnesota law, child support is defined as a monetary amount for three types of support: (1) basic support, (2) medical support, and (3) child care support. Basic support is money for the child's housing, food clothing, transportation, and other expenses related to the child's care. Child support orders in Minnesota will generally require that the obligor, or non-custodial parent, contribute to the basic support of the minor child. Depending on the parents that pays for dependent medical insurance and child care (i.e. daycare costs), the obligor-non custodial parent may also be required to contribute to the obligee-custodial parent's cost of medical insurance and day care costs.

Child Support Calculator. The Minnesota Department of Human Services offers an online calculator, which parents can use to determine the appropriate amount of child support in their given case. This is an easy way for parents to find out either how much they may owe the other parent or how much they should be receiving from the other parent.

Child support lasts until a child is 18, or 20 and still in high school. Many parents are under the misconception that child support ends automatically upon a minor child turning the age of 18. This is wrong. MN law defines a child as an individual under 18 years of age, and any individual under age 20 who is still attending high school, or an individual who, by reason of physical or mental condition, is incapable of self-support. Therefore, if you have a minor child that turns 18 before he or she graduates from high school, child support will last until that child graduates, unless that child turns 20 in high school, at which point child support will also stop. Under Minnesota law, parents do not have a duty to pay for college or support their children past the end of their child support obligation. However, parents can voluntarily choose to support their children.

Child support can always be modified in the future. Many parents, especially obligors, think that once child support is ordered it will stay at that amount until the minor child turns 18 or 20, if still in high school. Parents always have the option of modifying their child support obligation, either increasing or decreasing the obligation, by filing a motion to modify child support. The parent filing the motion needs to show that there has been a "substantial change in circumstances" since the last order that renders a reason for the existing order to be changed. Some substantial changes include (1) a substantial increase or decrees in gross income of an obligor or oblige, (2) substantial increase or decrease in the need of the obligor, oblige or minor children, (3) receipt of public assistance, (4) change in available health care coverage, (5) increase or decrees in day care costs, or (5) the emancipation of a child. If one of these scenarios applies to a parent, that parent must file a motion to get the child support changed, otherwise the child support will continue as ordered. So for example, if a parent loses his or her job, that parent should immediately file a motion to modify child support to lower their obligation to prevent an accrual of arrearages for child support owed.