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MomofH
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What comes first, cost of visitation or CS?
      #580069 - 09/21/09 12:18 PM

My ex recently moved across the country (was in our state since our DS was born 8 years ago.) He's 4 months late in CS payments and nearly $12K in arrears due to previous periods of non-payment.

Based on past history, I highly doubt he intends to pay any time soon, but has begun talking about visitation. (He made no attempt at coming up with a new visitation plan before moving.) Out of curiosity, I looked at what it would cost to get from here to there and back via air - WHOA! Since our DS isn't 8 yet, and there aren't direct flights from here to there, he can't fly alone. It would be around $1500+ for DS to go there for a visit. I also highly doubt my ex will pay that.

But let's assume he will - what impact would that have on CS? I know how I see it, but what does the legal system say - if the NCP can come up with $1500 for airfare, could it have any bearing on pushing enforcement into a higher gear? IS there any legal definition as to which comes first, the cost of travel for visitation or CS?

Also, is there any possibility that *I* could be forced to pay transportation costs, even though I'm not seeing CS and just barely cover what needs to be paid without it?


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Tweeby
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Re: What comes first, cost of visitation or CS? [Re: MomofH]
      #580081 - 09/21/09 12:30 PM

CS and parenting time are 2 different things. You can't withhold parenting time if the NCP isn't paying CS and the NCP can't stop paying CS if their parenting time is withheld.

Since the NCP is the one who moved, most likely the NCP will be responsible for the cost of transporation. If the move was due to military or other vaild reason, the court could (not WILL) split the cost transporation or lower the CS to compansate for the cost, that would be up to the Judge.


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MomofH
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Re: What comes first, cost of visitation or CS? [Re: Tweeby]
      #580088 - 09/21/09 12:37 PM

Thanks. No, there's no question of withholding visitation - if the ex somehow figures out a way to do it, he's more than welcome to spend time with our DS. I guess my question is more, could an ability to pay for airfare be shown as evidence of ability to pay CS?
The move had nothing to do with military. The reasons I was given: ex's wife's family is there; the weather's better there; and he thinks he *might* find more work (he's self-employed.)


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Tweeby
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Re: What comes first, cost of visitation or CS? [Re: MomofH]
      #580096 - 09/21/09 12:44 PM

I hate to say it but if he is self-employeed than it will be difficult for you to get CS.

I mentioned military because if I didn't than someone may say , 'But if your in the military the court may split the transporation'. Nothing is for sure in court. Most likely he will be required to pay for transporation. He was the one who made the cost so expensive.

Not sure where you are at but the amount seems awful high even for an UM (unaccompanied minor). My D used to fly to Alaska as an UM and it didn't cost no where near that. Round trip with the fees were less than $500, no direct flight.


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MomofH
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Re: What comes first, cost of visitation or CS? [Re: Tweeby]
      #580112 - 09/21/09 01:13 PM

LOL, don't worry - I already know it's unlikely I'll EVER see CS! I'm not happy about it, but I've accepted the fact.

For flights, we're talking secondary FL market to Idaho. Over holidays, no less. What I found on Expedia for Thanksgiving were around $400+ before all the fees and taxes. And none less than 8 hours of flying/transfers. Strangely, Southwest appears to fly from here to there with one stop... but not back. Huh?!


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Tweeby
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Re: What comes first, cost of visitation or CS? [Re: MomofH]
      #580129 - 09/21/09 01:34 PM

Try "BookingBuddy" for flights. You can check the different cheap booking sites without having to place all of the info over and over again. Some sites you can do a 3=days eigher way and/or different airports.

My D is in CA. Mostly it is cheaper for us to fly to LA than it is to fly to San Diego and she said the airports are not different in distance from her. Check around the different airports near you and near where he is.

Thanksgiving is expensive from what I have noticed. Looking for a flight for my YSS and it will cost about $100-200 more just because it is Thanksgiving. I tried to tell him that Thanksgiving is the busiest holiday for flying. I old him to wait and go to CA for Spring break. He may like it better. LOL BTW, my YSS is 17.


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