My ex earns more than 2.5 times than I do.
He live in San Jose and I live in LA and currently we split the airticket cost by a court order.
His visitation is now once a month but he's requesting 2-3 times plus asking for holidays we are very expensive to fly and I can not afford it. Since his income is so much higher can I request him to pay if he wants to increase his visits? Also, I recently found out that his wife could be living in LA near me and he's visiting every weekend regardless of whether there is visitation or not. Then shouldn't he pay for it if he's here to visit his wife? He's supposed to be purchasing the cheapest ticket but he never does... Can I get any legal advice on my situation please?! Thank you,
It seems like just about every case hinges on the evidence that can be presented to the Court. If you can show the Judge that your ex earns about 2.5 X what you earn, that evidence will be relevant, and could be a basis for the Court to adjust the current 50/50 split of transportation costs to some ratio that is more favorable to you. Unfortunately, they do not do this very often. Further, if this particular fact had already been presented when the Court made its earlier 50/50 Order, then it is very un-likely that you can get a change to that. Court's prefer not to re-hash the same facts.
It sounds like when the Order was first made visitations were just once a month, and now he wants to kick it up to 2 -3 times a month. Unlike the low odds of changing the old 50/50 split of the once a month visitation costs, your chances (until I know more) of having him pay all of the new added costs out of his own pocket are actually pretty good. I suggest that you read the current Order very carefully, since whether it states once a month or not can be important.
As stated above -- I have NOT actually stated any legal opinion, because I need to know more before I can start to form one.
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