Who pays for travel?

[Rhapsody]

What is the name of your state? Virginia

My ex moved away to Oklahoma and wants me to pay for half of the cost to send the children out to him. We don't have a court order that states I have to do so. Will I have to pay half? What is the norm for this kind of situation?

 

[justalayman]

I believe the norm is to have it addressed in the courts when the other moves and needed a modification of the child custody order to legally accomplish this.

Other than that, unles you have a court order mandating your financial participation, you have no legal liability to pay anything.

Often, those in the know on this forum often state it is typically the parent that moved to pay for the addidtioanl expenses incurred due to their move. Why should you pay for their actions?

 

[Rhapsody]

We are going to court to get the order modified. I was just wondering what to expect. Thanks for the quick response.

 

[wileybunch]

This Virginia Court of Appeals case talks about this:

http://72.14.253.104/search?q=cache:A6Izl0ap3k4J:www.courts.state.va.us/opinions/opncavwp/0219064.pdf+child+visitation+virginia+travel+cost&hl=en&ct=clnk&cd=2&gl=us

In this case, a judge had split the costs 60/40 (father/mother), but the court of appeals ruled the judge overstepped his bounds requiring dad to pay more for travel since that's supposed to be part of what's already paid in child support.

 

[LdiJ]

Generally the parent who moves away is the one who is responsible for transportation for visitation. I would let the judge decide.

 

[JBMD]

I was in a similar situation, however it was my ex that moved with my child from VA to OK. Odd that they are the same states as yours!

The family court judge ruled that the ex had to pay 100% of the transporation as she was the one that moved. However, when I appealed the decision (cause I didn't want her to be allowed to move) the appeals judge ordered that I have to pay 100% of the travel because I make more money. Actually the ex is voluntarily unemployed ... not that any of that mattered to him.

I think it is hard to figure out how the judge will rule ... it all depends on the circumstances of the case and the MOOD of the judge.