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Airfare

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abstract99

Senior Member
What is the name of your state? Az

Ok, I pay 905 a month in child support. I was given permission by the judge to use an airport roughly a 2 hour drive away from mom because the airport near her only offered one non-stop flight a day and it always arrived later at night when I am at work. I also was given permission because it costs more to use that airport near mom. Mom is now demanding that I use the airport near her. If I agree to this can I request a deduction in my child support due to the extra cost of transportation? I have been looking at the child support paperwork and I don't see where I could get the deduction. I will be in court in the middle of May and hope to get this heard then. I don't really have a problem with using the one there as long as I receive the credit and my wife can pick the kids up from the airport.

Mom is saying that she doesn't have a problem with my wife picking up the kids but doesn't want me to have the credit. On the other hand, I can see my ex making it difficult on my wife p9icking them up (i.e. give the airport my info instead of hers and claim that she forgot)

I am only allowed to purchase the tickets no sooner than 30 days out so the difference in costs of the airports is roughly 2k a year. Not a lot to some but after child support I only make 150 a week. It would take me months to come up with 2k and pay my bills at the same time.
 


abstract99

Senior Member
nextwife said:
What does your court order state?
THE COURT FINDS that it is not appropriate that Father bear 100% of the travel costs for the children for this summer.

Counsel for Mother states that Father was asked not to purchase the airplane tickets until
an agreement was reached between the parties, but Father did so anyway. Mother testifies that she is unable to fly at this time and requests that the flights for the
children be direct flights between Chicago, Illinois and Tucson, Arizona and that the children fly under the unescorted minor program with the airlines. Counsel for Mother further states that Father has requested that Mother transport the children to Phoenix due to his inability to afford airfare from Tucson. It is Mother's position that she should not be responsible to transport the children and suggests that Father find a way to transport them to Phoenix if he wishes to use that airport.


Father states that he also informed Mother that he worked during the night and he can not transport the children during the dates and times that she is requesting. Father states that if Mother demands that he transport the children only on weekdays that he be permitted to use an airport that allows him to do so.

IT IS ORDERED that the children’s flights shall be non-stop.

IT IS FURTHER ORDERED that Mother shall be responsible for transporting the children to Phoenix International Airport if Father purchases airfare that departs from Phoenix. This shall be at the sole cost of Mother. If in the event that Mother is not able to transport the children to Tucson she shall either find appropriate travel which she may delegate to a responsible adult or purchase airfare at her sole expense departing from Tucson.

Mother testifies that she has no objection to Father having parenting time this summer
beginning immediately with return of the children to Mother by no later than July 15, 2005.

IT IS ORDERED that Father shall have parenting time with the children effective
immediately and that Father shall return the children to Mother by no later than July 15, 2005.

Father testifies that the children’s school year is scheduled to resume on July 18, 2005
and requests that he have parenting time with the children until July 15, 2005. Father further requests that Mother reimburse Father for the cost of the children’s transportation for this summer because Father had previously purchased airline tickets which cannot be used or refunded.

IT IS ORDERED that Mother shall be responsible for 1/3 of the costs of the children’s transportation from Phoenix to Chicago for this summer.

I propose that I provide the airfare if mom doesn’t want to pay for it but that I receive a deduction in child support for doing so. Mom stated in court (which is not in the minute entry that I copied and pasted) that she is too busy to take the time out of her day on the weekend to drop the kids off at the airport. I found no problem with this and said in court that I would transport them only on weekdays. Once Southwest stopped offering morning departures out of Tucson I had to go back and petition the court again. The above is the minute entry from that ruling.
 

ceara19

Senior Member
You can't deduct it from the CS unless your order specifies that you can. Yours doesn't. But it does say that if she want the child to leave from the closer airport, she has to foot the bill.

Purchase the SAME ticket that you always do and if mom wants to use the closer airport, she will need to purchase that leg of the trip on her own.
 
ceara19 said:
You can't deduct it from the CS unless your order specifies that you can. Yours doesn't. But it does say that if she want the child to leave from the closer airport, she has to foot the bill.

Purchase the SAME ticket that you always do and if mom wants to use the closer airport, she will need to purchase that leg of the trip on her own.
I concurr with this statement as well. I read it the same.
 

abstract99

Senior Member
Yes, I realize that I have the upper hand right now but I was actually thinking of modifying it to say that I can purchase the tickets and mom has to either reimburse me or I receive the credit. The way that it is now is causing me a lot of trouble and I am looking for a way to give mom a different option. Anything to make this easier. The problem right now is that she is purchasing the tickets last minute (like 12 hours b4) and I fear that some day I am just not going to be home to get her call or see her email. Also it is causing some confusion because I have already purchased tickets 2 1/2 months ago from Phoenix and now mom is saying Tucson. Now I have spent money that I could barely afford.
 
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fairisfair

Senior Member
abstract99 said:
Yes, I realize that I have the upper hand right now but I was actually thinking of modifying it to say that I can purchase the tickets and mom has to either reimburse me or I receive the credit. The way that it is now is causing me a lot of trouble and I am looking for a way to give mom a different option. Anything to make this easier.
What the he** would be the difference, you pay and she reimburses or she pays, yeah, go spend some money and waste the courts time on that one. You aren't trying to give mom any options, you just want to be in total control of how things happen, buy the tickets according to your court order, as others have advised you, and leave mom to deal with her part.
 

ceara19

Senior Member
abstract99 said:
Yes, I realize that I have the upper hand right now but I was actually thinking of modifying it to say that I can purchase the tickets and mom has to either reimburse me or I receive the credit. The way that it is now is causing me a lot of trouble and I am looking for a way to give mom a different option. Anything to make this easier. The problem right now is that she is purchasing the tickets last minute (like 12 hours b4) and I fear that some day I am just not going to be home to get her call or see her email. Also it is causing some confusion because I have already purchased tickets 2 1/2 months ago from Phoenix and now mom is saying Tucson. Now I have spent money that I could barely afford.
Why is your child support so high? If you only have $600/month left, that would make the child support around 60% of your income.

You can't just deduct the added cost from the child support without a court order that says you CAN. If you do go back to court and have the order changed, it will not apply to any expenses you paid prior to the new order being issued.
 

abstract99

Senior Member
fairisfair said:
What the he** would be the difference, you pay and she reimburses or she pays, yeah, go spend some money and waste the courts time on that one. You aren't trying to give mom any options, you just want to be in total control of how things happen, buy the tickets according to your court order, as others have advised you, and leave mom to deal with her part.
because of this....

abstract99 said:
The problem right now is that she is purchasing the tickets last minute (like 12 hours b4) and I fear that some day I am just not going to be home to get her call or see her email. Also it is causing some confusion because I have already purchased tickets 2 1/2 months ago from Phoenix and now mom is saying Tucson. Now I have spent money that I could barely afford.
Perhaps it would be better for me to ask that is she is going to purchase airfare that she do it a certain amount of time out. Won't make a difference to me if a time frame is applied to it or if I get the credit.

ceara19 said:
Why is your child support so high? If you only have $600/month left, that would make the child support around 60% of your income.

You can't just deduct the added cost from the child support without a court order that says you CAN. If you do go back to court and have the order changed, it will not apply to any expenses you paid prior to the new order being issued.
I know, I was looking at changing it now because of the problems I have been having. I pay for 2 moms actually. Around 900 a month to mom one and 320 to mom number 2. I had the agreed on the amount some time ago and it isn't worth me changing it. Mom just petitioned the court to have it raised because she thinks that I make more. She bases it off of my living expenses but what my ex doesn't realize is that my wife pays most of our expenses and my income goes to supporting my kids.
 

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