Change in transportation, can support be modified?

[jamese]

What is the name of your state (only U.S. law)? North Carolina . In another thread I explained that I lost a hearing that I was aware of, due to not being served. I am in the process of getting this resolved. Until then I am responsible for all transportation. That's 240 miles one way, then turn around and drive back home, 8 hours of driving, then a return trip. Over 900 miles total and 16 hours of driving. Thus is resulting in $390 in fuel and 2 hours loss of work. Not to mention tires, oil, extra...

Can I ask for a modification of support and if so, what can I claim?

 

[Antigone*]

What is the name of your state (only U.S. law)? North Carolina . In another thread I explained that I lost a hearing that I was aware of, due to not being served. I am in the process of getting this resolved. Until then I am responsible for all transportation. That's 240 miles one way, then turn around and drive back home, 8 hours of driving, then a return trip. Over 900 miles total and 16 hours of driving. Thus is resulting in $390 in fuel and 2 hours loss of work. Not to mention tires, oil, extra...

Can I ask for a modification of support and if so, what can I claim?

Support and visitation are two separate animals.

 

[jamese]

Support and visitation are two separate animals.

I do understand that, however my expenses to transport our child have drastically increased.

 

[ProSeDadinMD]

I need to ask what kind of vehicle you are driving that only gets 9 miles to the gallon??? My 20 year old truck gets better than that...

 

[jamese]

I need to ask what kind of vehicle you are driving that only gets 9 miles to the gallon??? My 20 year old truck gets better than that...

I should have stated that figure was per month...

I drive a 96 Nissan Maxima, it gets 23 mpg. I multiplied 240 (distance 1 direction) by 4 = 960(a round trip for 1 visitation) Then multiplied 960 by 2.5 the number of visitations per month (every other month I have our child 3weekends) and 2 the other months = 2,400 miles / 23 mpg = 104.34 X $3.59
(the price of regular gasoline in my town currently) = $374.60.

 

[mistoffolees]

What is the name of your state (only U.S. law)? North Carolina . In another thread I explained that I lost a hearing that I was aware of, due to not being served. I am in the process of getting this resolved. Until then I am responsible for all transportation. That's 240 miles one way, then turn around and drive back home, 8 hours of driving, then a return trip. Over 900 miles total and 16 hours of driving. Thus is resulting in $390 in fuel and 2 hours loss of work. Not to mention tires, oil, extra...

Can I ask for a modification of support and if so, what can I claim?

Not likely.

First, you're already trying to get the hearing thrown out due to lack of service. That will be done long before you'd ever get a hearing to change support.

Second, child support in your state doesn't allow for a deduction for transportation costs. The only way to get what you want is a deviation from the guidelines - and it is unlikely that a judge would order a deviation after the fact.

 

[jamese]

Not likely.

First, you're already trying to get the hearing thrown out due to lack of service. That will be done long before you'd ever get a hearing to change support.

Second, child support in your state doesn't allow for a deduction for transportation costs. The only way to get what you want is a deviation from the guidelines - and it is unlikely that a judge would order a deviation after the fact.

I just found this on NC guidelines:
Other Extraordinary Expenses

Other extraordinary child-related expenses (including 1. expenses related to special or private elementary or secondary schools to meet a child’s particular educational needs, and 2. expenses for transporting the child between the parents’ homes) may be added to the basic child support obligation and ordered paid by the parents in proportion to their respective incomes if the court determines the expenses are reasonable, necessary, and in the child’s best interest.

__________________________________________________

 

[mistoffolees]

I just found this on NC guidelines:
Other Extraordinary Expenses

Other extraordinary child-related expenses (including 1. expenses related to special or private elementary or secondary schools to meet a child’s particular educational needs, and 2. expenses for transporting the child between the parents’ homes) may be added to the basic child support obligation and ordered paid by the parents in proportion to their respective incomes if the court determines the expenses are reasonable, necessary, and in the child’s best interest.

__________________________________________________

MAY BE, not SHALL BE.

You still have to convince a judge that there should be a deviation from the standards - which won't be easy when it wasn't requested up front.

 

[nextwife]

Who created this distance (and travel expense)?

 

[LdiJ]

Who created this distance (and travel expense)?

That is a very good question. I just reviewed his previous thread and that issue was never addressed at all.