Travel expenses contingent on CS being current?

[killerzoey]

What is the name of your state (only U.S. law)? HI

I may be coming up with terms of a long-distance parenting plan soon.

I will only be getting meager child support and with no garnishable wages I could see how I may not even be getting that.

I understand it is customarily the obligation of the CP who moves away to pay transportation expenses for the visitation.

Could I have it written in the decree that we are to split the travel expenses and if he is not current on CP then HE must pay?

The reason for the split is that he is voluntarily underemployed which is forcing me to uproot to move to another state where I can support our kids. I dont' think it's fair that since the move is being caused by his laziness that I should have to pay everything. It's worth a try, I feel, but I also know I may have to agree to pay all.

But still - whatever the percentage I am to pay, can I make him pay ALL if he's behind on CS?

Thanks.

 

[Ohiogal]

What is the name of your state (only U.S. law)? HI

I may be coming up with terms of a long-distance parenting plan soon.

I will only be getting meager child support and with no garnishable wages I could see how I may not even be getting that.

I understand it is customarily the obligation of the CP who moves away to pay transportation expenses for the visitation.

Could I have it written in the decree that we are to split the travel expenses and if he is not current on CP then HE must pay?

The reason for the split is that he is voluntarily underemployed which is forcing me to uproot to move to another state where I can support our kids. I dont' think it's fair that since the move is being caused by his laziness that I should have to pay everything. It's worth a try, I feel, but I also know I may have to agree to pay all.

But still - whatever the percentage I am to pay, can I make him pay ALL if he's behind on CS?

Thanks.

You can request it but don't expect a court to grant it because this is an expense YOU alone are creating by moving -- and the purpose being is so that you can live without his child support.

 

[LdiJ]

You can request it but don't expect a court to grant it because this is an expense YOU alone are creating by moving -- and the purpose being is so that you can live without his child support.

I agree...however judges can sometimes be persuaded to be creative with solutions, so if dad actually does NOT pay his child support, then a judge may be more inclined to consider your request.

In other words, you aren't necessarily likely to get that now...but six months or a year down the road, if dad has not paid his child support, you may be more likely to get that.

 

[killerzoey]

Got it. Thank you for your insight.

 

[Zigner]

Your first hurdle will be proving his underemployment is "voluntary"

 

[CJane]

Just remember, if Dad agrees to any stipulations and you guys manage to stay out of court, then you're good.

- or if he continues being disinterested in the court proceedings and doesn't show up for the final hearing, you can get a default judgment for essentially everything you're asking for.

Also, given the ages of the children, it's conceivable that you could show that it's in their best interests if Dad comes to THEM for visits for awhile.

 

[killerzoey]

Your first hurdle will be proving his underemployment is "voluntary"

What would you say if you were the judge:

- He is physically able-bodied enough to surf nearly every day, and do anything else he wishes to do.

- He has at least enough brain capacity to play online chess for hours, and even win sometimes.

- He is not seeking employment.

 

[killerzoey]

Just remember, if Dad agrees to any stipulations and you guys manage to stay out of court, then you're good.

Thanks.

or if he continues being disinterested in the court proceedings and doesn't show up for the final hearing, you can get a default judgment for essentially everything you're asking for.

Thanks. He is not really disinterested, just stalling whenever he possibly can. You can bet he'll be at the final hearing.

Also, given the ages of the children, it's conceivable that you could show that it's in their best interests if Dad comes to THEM for visits for awhile.

That is what I am going to propose, and it certainly makes sense to me. The travel expenses for the first years would be just for him, but I can see how according to the way it's usually done, I could be asked to pay those.

 

[Zigner]

What would you say if you were the judge:

- He is physically able-bodied enough to surf nearly every day, and do anything else he wishes to do.

- He has at least enough brain capacity to play online chess for hours, and even win sometimes.

- He is not seeking employment.

I would say:

Your first hurdle will be proving his underemployment is "voluntary"

Because you don't seem wiling or able to understand that, you need the help of an attorney.

 

[killerzoey]

I would say:

Your first hurdle will be proving his underemployment is "voluntary"

Because you don't seem wiling or able to understand that, you need the help of an attorney.

I will ask my lawyer what proof we need. She has not brought that up.

So if I am unable to prove he is voluntarily under- (actually un-)employed, it would probably be too much to ask for him to pay his travel expenses. I follow that.

Regarding that, though, wouldn't the burden of proof be on him to prove he has some reason for not trying to work?

And if he can justify it, shouldn't he apply for disability or something?