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#400460 - 06/11/08 10:35 PM help with transportation expense?
okyet Offline
member

Registered: 01/31/08
Posts: 106
i am confused on transportation issues:
i am having to drive 2hr & 48 min there & 2hr 48 min back so total for the month 11 1/2 hrs & ncp 2 hrs & 24 min there & 2hr 24 min back for 10 hrs a month but the NCP is the one who moved(without notice & i filed this modification) Judge said i was to drive less but when the NCP's lawyer drew up the order she changed the location. Also since i have no reliable vehicle(it would cost me $7000 for my vehicle to be able to make monthly road trips) which i made clear to my lawyer i have to rent a car & gas is so high, its costing me $250 a month. How do i go about getting it to where ncp has to reimburse me for my travel expense for his visit?? Because i asked my lawyer to put it as travel expense on the child support worksheet but his secretary says it doesn't get added to that because its seperate. So do they just include it in the order, if so he will probably not pay it because way back in the beginning when he had to make our car payment he was always paying months late, so if he pays travel expense late i would have to file contempt & go back to court again thats why i'd rather have in the support order, so how does this travel expense for visitation work??

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#400461 - 06/11/08 11:31 PM Re: help with transportation expense? [Re: okyet]
DeeCan Offline
veteran

Registered: 04/06/08
Posts: 1266
If he is not willing to do all the driving (considering that he was the one who moved anyway) have you considered talking with him about doing a long distance plan that allots him parenting time on extended weekends and summer? Doing so would decrease the driving for both of you, along with expenses - which, in the end, he may be more willing (and able) to pay.
_________________________
Don't drink and park, accidents cause people.

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#400462 - 06/11/08 11:46 PM Re: help with transportation expense? [Re: DeeCan]
okyet Offline
member

Registered: 01/31/08
Posts: 106
thanks for ur reply
hes not willing to do all the driving is why he has been given extended visitation of 1 week a month every month. Every 2 weeks in summer, alternate breaks, 1 week x-mas & thanksgiving.Even though this will decrese things i still will need reimbursement on expenses i am only working part time & cant afford this expense he's putting on me. What i'm wondering is does anyone have transportation expense in their court order or does it go in the child support worksheet??

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#400463 - 06/12/08 12:59 AM I think it would depend on the reason... [Re: okyet]
gr8Dad Offline
Carpal \'Tunnel

Registered: 06/07/04
Posts: 31796
...for the move. I am USUALLY in favor of the moving parent paying ALL expenses for travel unless the reason is unavoidable, such as a military transfer, a FORCED job transfer, etc. Something beyond the control of the moving party.

Why did he move, if you know?
_________________________
Why give a "senior" discount, they have had plenty of time to raise the money...

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#400464 - 06/12/08 02:50 AM Re: I think it would depend on the reason... [Re: gr8Dad]
okyet Offline
member

Registered: 01/31/08
Posts: 106
oh ok i understand that
my ex got back together with his ex-wife #6, she sold her home 2 weeks after they got back together, so he moved to another state with her where she has family, it was not in any way, shape or form job related(its all about the money) he had no job when he left the state & no job until a month after they was there. It was the NCP's 5th move for the year, and when the girl runs out of money he will leave her again. Thanks for ur reply it made sense to me

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#400465 - 06/12/08 04:20 AM Re: help with transportation expense? [Re: okyet]
cincsu Offline
Carpal \'Tunnel

Registered: 06/02/05
Posts: 4687
Loc: residence in AZ, case in CA
if you are doing more it sounds like it would benefit you to at least get it to 50/50 or less. what if you change it to he picks up kids from you at the start of his parenting and you pickup the kids from him at the start of yours.
_________________________
wife of 1, mother of 2, stepmother of .3475902453

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#400466 - 06/12/08 02:45 PM Re: help with transportation expense? [Re: cincsu]
DeeCan Offline
veteran

Registered: 04/06/08
Posts: 1266
In that situation, he should be doing 100%. Were you working P/T and/or without a vehicle at the time the order required you to meet halfway? If not, that could be considered a change of circumstances that would allow you to petition the Court to make him do all the driving.

That aside, in answer to you original question....travel expenses, in my experience, are usually calculated into the CS figure. And this is the way to do it, otherwise, as you said, you could get stuck with travel that is never paid.
_________________________
Don't drink and park, accidents cause people.

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#400467 - 06/12/08 06:44 PM Re: help with transportation expense? [Re: cincsu]
okyet Offline
member

Registered: 01/31/08
Posts: 106
thanks for ur reply
due to my transportation problems judge ordered i was to do less driving but ncp's lawyer pulled a trick & switched the location to what they thought was half way but judge said i was to drive less then when i pulled it up on mapquest come to find out i been driving more. My problem is i'm not footing the bill & cant not afford to keep up with having to rent a vehicle & gas is sooo high to get my car fixed will be $7000 i am only working part time & he choose to move i just can not afford this incurred expense period on the worksheet my income is in the negative, so either way 1/2 way, 50/50 or all the way still solves nothing when it comes to transportation expense, but this weekend we are trying the all the way for him here then all the way there for me which will make the car rental fee even more, so i dont know it doesn't seem fair to me cuz for sure if i moved to my home state you'd bet he'd be making me pay for the airfare

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#400468 - 06/12/08 06:50 PM Re: help with transportation expense? [Re: DeeCan]
okyet Offline
member

Registered: 01/31/08
Posts: 106
at the time of the hearing & now i was part time then & still
car problems then & still
so Judge ordered for me to drive less & gave us the exit # but when NCP's lawyer drew up the decree she changed the exit location because she said the Judge made an error in the location, i dont think he made an error at all Judge had it to where i was driving less but the NCP thought we was to drive equal which was not so but when i pull it up on mapquest the changed location has me driving more, my lawyer did contact me this morning & said they will look into calculating travel expense into the worksheet
thanks for ur help though

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#400469 - 06/12/08 07:15 PM So if the documents were incorrect [Re: okyet]
Melody Offline
Carpal \'Tunnel

Registered: 06/03/04
Posts: 10102
Loc: California
why did you sign them? Once a judge makes a ruling, the attorneys are responsible for writing up the actual orders from what the judge decided in court. Both attorneys, as well as the parties involved, should review these documents carefully to ensure that no mistakes were made...THEN they get signed. It sounds like you signed orders without ensuring that they were accurate....or perhaps your attorney didn't check it over.

Either way....you need to get back into court to get this straightened out.

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#400470 - 06/12/08 09:43 PM Re: So if the documents were incorrect [Re: Melody]
okyet Offline
member

Registered: 01/31/08
Posts: 106
i didnt sign anything theres no final papers yet to even sign. Exactly both parties should look over all paperwork before court well my lawyer didnt have a worksheet to fix because the NCP wouldn't give us his income info. there is no court order yet were still on the worksheet once we get done with the worksheet then we can put what we each agree or disagree to in the order then sign. But so far the NCP's lawyer has drawed up the "rough draft" of an order, i go over it & say what i want or what i dont agree to then it goes to the judge then we have a FINAL order. Thanks

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