Will a court approve shared transportation costs from out of state visitation arrangement?

Asked 11 months ago - Syracuse, NY

I live in CA and she lives in NY with our daughters where she has sole, legal and full custody. I get our daughters for 8 weeks in the summer time and I incur the entire cost of the visit. She continues to receive full child support when they are with me for the summer. I moved to CA two years ago after our divorce for financial stability. I pay 25% of my income to child support.

Attorney answers (4)

  1. Mary Katherine Brown

    Pro

    Contributor Level 20

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    Answered . They might, it depends upon the overall financial picture of both parties and the history of the case. Usually, but not necessarily always, it doesn't hurt to ask. I suggest you discuss the confidential details of your situation with an attorney in the area where the last court order was issued, and then you can decide whether to seek a modification of the child support. Good luck!

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@... more
  2. David Zaslavsky

    Contributor Level 18

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    Answered . You need to file for a downward modification of support . You need the help of an attorney.

    I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and... more
  3. Ralph Duthely

    Contributor Level 14

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    Answered . I tend to find that if the NCP moves away, the court will place the burden of transportation on that parent, but that is not always the case. Other factors may weigh in your favor. Contact an attorney in the jurisdiction where the mother and children reside. Good luck.

  4. Lee Alan Thompson

    Contributor Level 20

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    Answered . The court can but you need to file something with the court asking. It could also do a deviation on support to account for the move. Talk to an attorney.

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