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Moving again!

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yessy

Member
What is the name of your state? CA.
My ex has moved 2 times already. One of the moves was 9 months ago in which we went to court to modify exchange times and exchange locations in which she was asking me to drive further but I only agreed to do 50/50. She is planning on moving further (again) and I don't want to drive any further than I am now. Can I not agree to drive 50/50 but keep it the way it is since she is the one moving?
Thanks!
 


Humusluvr

Senior Member
What is the name of your state? CA.
My ex has moved 2 times already. One of the moves was 9 months ago in which we went to court to modify exchange times and exchange locations in which she was asking me to drive further but I only agreed to do 50/50. She is planning on moving further (again) and I don't want to drive any further than I am now. Can I not agree to drive 50/50 but keep it the way it is since she is the one moving?
Thanks!
Absolutely. She's the one moving.
 

StampGirl

Senior Member
What is the name of your state? CA.
My ex has moved 2 times already. One of the moves was 9 months ago in which we went to court to modify exchange times and exchange locations in which she was asking me to drive further but I only agreed to do 50/50. She is planning on moving further (again) and I don't want to drive any further than I am now. Can I not agree to drive 50/50 but keep it the way it is since she is the one moving?
Thanks!
That depends. Does your court order reference move-aways? For example: I live in CA. Our CO states the custodial parent is allowed to move anywhere in the 5 counties (Riverside, San Bernadino, Orange, San Diego and Los Angeles) and the parents are to split drive 50/50.

From what I have been told this is very unusual for CA but like I said, its in there.
 
According to our mediator

I'm in California - In spite of the fact that my ex-husband is the one that continues to place further distance between himself and our daughter, I am still mandated to drive half way to allow for fair visitation time (but we're only dealing with a 1 hour distance, not different states) - he keeps getting denied these requests on technicalities that he still conducts business in the town that we are in - however, according to the mediator, if he should cease all business here in our town - then I would be mandated to travel 50% of the way for custody exchanges.

I believe that is the universal rule of thumb in our state - there is the matter of (if you want to push it) having a "relief" for travel expenses which may effect the amount of child support paid or received (trust me it's not worth the hearing because unless it's a HUGE amount of travel the adjustment is a matter of a few bucks.).
 

casa

Senior Member
What is the name of your state? CA.
My ex has moved 2 times already. One of the moves was 9 months ago in which we went to court to modify exchange times and exchange locations in which she was asking me to drive further but I only agreed to do 50/50. She is planning on moving further (again) and I don't want to drive any further than I am now. Can I not agree to drive 50/50 but keep it the way it is since she is the one moving?
Thanks!
The only 'rule of thumb' in CA is whether the distance creates a 'substantial additional burden'. Typically this means outside of the surrounding counties &/or a distance greater than 50 miles &/or a full hour additional drive time.

How many MILES further away is she moving?

If it's not substantial, it will remain 50/50. Just like it would be if YOU had to move for some reason.
 

yessy

Member
well the first time she moved 90 miles away and court ordered i drive 30mi. in which I agreed to do 45mi. ;) I moved after that. There was a difference of 80mi. which we split 50/50 which i thought fair since I moved.She was about to move 100mi. away but broke up with that boyfriend 2 weeks before. Then she moved closer with a different guy and now I drive 25mi. and she 23mi. but I left it at that since she would not agree on 50/50(figures). 9 months later she plans to move 95mi.away about 1hr 45min. away! It is not my fault she keeps movin in with different people to save rent money and I have to spend more time and money! If I dont agree on 50/50 she will take me to court. Do I have a chance of leaving it as it is if it gets to that point? She is the custodial parent.:confused:
 

casa

Senior Member
well the first time she moved 90 miles away and court ordered i drive 30mi. in which I agreed to do 45mi. ;) I moved after that. There was a difference of 80mi. which we split 50/50 which i thought fair since I moved.She was about to move 100mi. away but broke up with that boyfriend 2 weeks before. Then she moved closer with a different guy and now I drive 25mi. and she 23mi. but I left it at that since she would not agree on 50/50(figures). 9 months later she plans to move 95mi.away about 1hr 45min. away! It is not my fault she keeps movin in with different people to save rent money and I have to spend more time and money! If I dont agree on 50/50 she will take me to court. Do I have a chance of leaving it as it is if it gets to that point? She is the custodial parent.:confused:
Yes, there is a good chance it will remain as is, if you are already meeting at a location (not either home).
 

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