custodial parent relocated and child decided to stay behind so I now have 75% custody. do I have to pay travel expenses
San Jose, CA
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Posted 28 days ago in Child Support
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Ex-wife had 75% share of custody and decided to move away from California to Oregon. I now have 75% custody since my son decided he did not want to move. Now she wants me to still pay her child support and travel expenses. what have family law courts ruled on expenses and obligation of moving parent?
Answers (2)Cecelia Soboleski
This attorney is licensed in California.
Posted 27 days ago.
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Child support is calculated based on the parent's timeshare with the child and the income of each parent. You are entitled to file for a modification of the child support order, since there has been a substantial change of circumstances (due to mother's move, you have become the primary custodial parent). If the Department of Child Support Services is already involved, contact them. If not, file for a modification. If your incomes have not changed, then your support obligation will decrease and the obligation may even be shifted to the mother to pay you.
As for the travel expenses, many times the court will charge the parent that moved away with 100% of the travel expenses for at least the first year, but not always. After reviewing the case, the court will make an equitable allocation of the travel costs for visitation, depending on the income of the parents. It is your responsibility to obtain a new (modified) order. Until you do, the mother's contention that you owe under the existing order is the rule of law and you could be found in contempt of court for failure to pay as directed. Please consult with an experienced Family Law attorney to get more information. Lawrence Hindin Geller
This attorney is licensed in California.
Posted 25 days ago.
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My colleague is correct. However with respect to the existing order that you are required to pay, it is quite unlikely that any court would find you in contempt (that is failing to obey the court’s order). That is because you are providing direct support for your son by housing, feeding and clothing your son.
Nevertheless, the advice to seek an immediate modification of the existing support order is wise and prudent. Do not delay and good luck. Disclaimer: I am licensed to practice law in the state of California. Therefore if your case in not in California, the information contained herein may not apply. This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.
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