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Legal Memorandum: Class-certification Discovery in LA

Issue: What specialized or particular discovery may be needed to support an opposition to certification of a proposed class in Louisiana state court?

Area of Law: Personal Injury & Negligence
Keywords: Discovery; Class certification
Jurisdiction: Louisiana
Cited Cases: 715 So. 2d 168
Cited Statutes: La. Code Civ. P. art. 592(A)(3)
Date: 08/01/2011

 

Deciding a motion to modify child support is comprised of two distinct steps: first, the court must determine, under Minn. Stat. § 518A.39, whether a modification is permissible, and second, the court must decide how the support should be modified, subject to the provisions of Minn. Stat. § 518A.43.  See Moylan v. Moylan, 384 N.W.2d 859, 864 (Minn. 1986) (discussing predecessor statutes), cited in In Re Marriage of Hanratty v. Hanratty, No. A10-1346, 2011 Minn. App. Unpub. LEXIS 225 (Minn. Ct. App. Mar. 15, 2011) (unpublished).  Pursuant to § 518A.39, a child support order may be modified upon a showing of a substantial change in circumstances that makes the existing order “unreasonable and unfair.”  Minn. Stat. § 518A.39, subd. 2(a) (2010).

The modification statute lists eight types of changes that can justify modification of a child support order.  Id., cited in Rose v. Rose, 765 N.W.2d 142, 145 (Minn. Ct. App. 2009).  As specifically related to this case, the statute provides:

The terms of an order respecting maintenance or support may be modified upon a showing of one or more of the following, any of which makes the terms unreasonable and unfair:

 

(1) substantially increased or decreased gross income of an obligor or obligee; [or]

 

(2) substantially increased or decreased need of an obligor or obligee or the child or children that […]

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