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Moved Out of state. Who pays for travel. Texas case

#1
What is the name of your state (only U.S. law)? I have custody in Texas. Father moved out of state to Washington D.C. area on his own for a job. Decree does not cover him moving out of state. He currently pays minimum child support (was unemployed at the time.) Now a VP of sales for a company for a year and still pays minimum and expects us to split travel costs. Do I have to split this cost with him legally? Thanks in advance!
 

LdiJ

Senior Member
#2
What is the name of your state (only U.S. law)? I have custody in Texas. Father moved out of state to Washington D.C. area on his own for a job. Decree does not cover him moving out of state. He currently pays minimum child support (was unemployed at the time.) Now a VP of sales for a company for a year and still pays minimum and expects us to split travel costs. Do I have to split this cost with him legally? Thanks in advance!
Nope, you have no obligation whatsoever to split the travel cost with him. He moved and created the distance. You also ought to file for a modification of child support based on his new income.
 

stealth2

Under the Radar Member
#3
Nope, you have no obligation whatsoever to split the travel cost with him. He moved and created the distance. You also ought to file for a modification of child support based on his new income.
And a long-distance parenting plan.
 
#4
Nope, you have no obligation whatsoever to split the travel cost with him. He moved and created the distance. You also ought to file for a modification of child support based on his new income.
Thank you for your quick response! I have contact the attorney general's office to ask for a modification. At first they denied because it hasn't been three years since the last modification but I just re-submitted based on the change in him moving out of state and having a job for a year now and child support changing by more than $100.

He has bought her a one way ticket to see him over Christmas and will not respond about a return ticket. Am I able to hold her back from visiting until I have confirmation of a return flight?
 
#5
Thank you for your quick response! I have contact the attorney general's office to ask for a modification. At first they denied because it hasn't been three years since the last modification but I just re-submitted based on the change in him moving out of state and having a job for a year now and child support changing by more than $100.

He has bought her a one way ticket to see him over Christmas and will not respond about a return ticket. Am I able to hold her back from visiting until I have confirmation of a return flight?
Is this dad's holiday? If not, then no. YOu have to follow the court order. What does your court order state regarding visitation? If Texas, it most likely includes if the parent is more than 100 miles away.
 
#6
Is this dad's holiday? If not, then no. YOu have to follow the court order. What does your court order state regarding visitation? If Texas, it most likely includes if the parent is more than 100 miles away.
It is his holiday- he has her for a week. Visitation is laid out in Texas but does not include who pays for the travel. That is the part I am confused on. He has booked her ticket for her to see it and asked for me to pay for return. I told him that I was not paying for her return flight and let me know when he has confirmation on her travel back. He will not email, call or text me at this point. Trying to avoid a situation where I am paying for a return flight last minute or he keeps her.
 
#7
It is his holiday- he has her for a week. Visitation is laid out in Texas but does not include who pays for the travel. That is the part I am confused on. He has booked her ticket for her to see it and asked for me to pay for return. I told him that I was not paying for her return flight and let me know when he has confirmation on her travel back. He will not email, call or text me at this point. Trying to avoid a situation where I am paying for a return flight last minute or he keeps her.
You need to send her. If you really wanted answers, you should have went to court PRIOR to the holiday when he first moved. Pay for the flight back. And go back to court so it doesn't happen again. If you were concerned -- really concerned about this and wanted her to have a relationship with her father, YOU would have filed when he first moved to get this ironed out. As it is, splitting transportation costs is fair. So get to it.
 

Zigner

Senior Member
#8
As it is, splitting transportation costs is fair.
I absolutely disagree with this. Dad chose to move halfway across the country. I don't think it's fair at all that mom should have to pony up any additional money based on that choice.
 
#9
You need to send her. If you really wanted answers, you should have went to court PRIOR to the holiday when he first moved. Pay for the flight back. And go back to court so it doesn't happen again. If you were concerned -- really concerned about this and wanted her to have a relationship with her father, YOU would have filed when he first moved to get this ironed out. As it is, splitting transportation costs is fair. So get to it.
I am not opposed to sending her. I just want to make sure she will be coming home before I put her on a plane and he doesn’t use this situation to a hostile situation for our child. I have never kept her from her father. Her father will not email, text or call me back to discuss this. He paid for full flights in the past. You are right, I have tried to handle this in an amicable way instead of forcing it through the court which may have not been the best decision.

I have asked for a modified order and support and was told it was too early to ask for changes as we finalized August 2016 and he moved December of 2016. I just requested again now that it’s been a year which the OAG advisor suggested. Also, we have had an order since 2009 but he moved to Texas to live closer to our daughter and moved a year later so this will be the third modification.

Let me be clear this isn’t about me keeping her from her father or money, this is about being fair.
 

LdiJ

Senior Member
#10
I am not opposed to sending her. I just want to make sure she will be coming home before I put her on a plane and he doesn’t use this situation to a hostile situation for our child. I have never kept her from her father. Her father will not email, text or call me back to discuss this. He paid for full flights in the past. You are right, I have tried to handle this in an amicable way instead of forcing it through the court which may have not been the best decision.

I have asked for a modified order and support and was told it was too early to ask for changes as we finalized August 2016 and he moved December of 2016. I just requested again now that it’s been a year which the OAG advisor suggested. Also, we have had an order since 2009 but he moved to Texas to live closer to our daughter and moved a year later so this will be the third modification.

Let me be clear this isn’t about me keeping her from her father or money, this is about being fair.
You can tell dad that you will not be putting her on the plane until you have proof that dad has purchased a round trip ticket...and leave the ball in his court. You can then kind of play "chicken" and wait to see who breaks first...you or dad.

However, I absolutely would file something immediately to modify both child support and transportation based on his move and his new job.
 

HRZ

Senior Member
#11
LAymans take :

Your child will not be harmed by any extra days with dad
If you fail to send child as per schedule you just gave dad free rocks to throw at you in court ..and it's not up to you to invent new conditions he must prove he met so as to exercise visitation.

If he keeps her beyond a day or so too long....then unload both legal barrels via counsel ...and it may not be cheap for him to appear inTx to explain it to judge!

If there is a fact pattern to support a change in child support due to major change in his income etc...get started now..not going to be retroactive .
 
#12
I absolutely disagree with this. Dad chose to move halfway across the country. I don't think it's fair at all that mom should have to pony up any additional money based on that choice.
RIGHT NOW, it is fair due to the fact that OP did NOT go back to court to account for who would pay transportation costs after Dad moved. She tried to take the cheap way out by going through OAG rather than actually going through court. That is HER problem. In court, she should definitely fight for dad to be held accountable for all transportation costs. But now? Splitting the costs is fair.
 
#13
You can tell dad that you will not be putting her on the plane until you have proof that dad has purchased a round trip ticket...and leave the ball in his court. You can then kind of play "chicken" and wait to see who breaks first...you or dad.

However, I absolutely would file something immediately to modify both child support and transportation based on his move and his new job.
And if she doesn't send the child, she can be found in contempt of court. There is a court order. The court order doesn't require dad to prove he has a round trip airplane ticket purchased. So mom cannot require that. You are wrong.
 
#14
And while I can be wrong, I would urge OP to contact the following: https://www.texasattorneygeneral.gov/cs/access-and-visitation-help

They have a visitation hotline staffed by Texas attorneys to explain what she should do.