You are here

Anyone have experience with NCP moving out of state and travel expenses?

JenG's picture

My DH and I have had custody of my SD's since May 2010. Mom had visitation and was ordered CS. In July 2012, she moved out of state. Since then, she has not paid her CS, but still expects us to pay 50% travel expenses, which are pretty expensive since she moved 1300 miles away. She states she cannot pay her support because she has been unable to find work, but can still spend $600 four times a year to come pick up my SD's. Her current husband makes more money alone than my DH and I do combined, so really, she chooses not to work.

My DH did not immediately do a modification of CS because frankly, we were thrilled she moved and we didn't want to go back to court, but we made in error in the agreed Parenting Plan they filed and did not specify that all visitation does not have to be taken in her state. Because it was vague and could be interpreted either way, she plans to take them every time and as the PP reads, we are responsible for getting them home. So, we are in the process of filing for enforcement and modification of CS and travel expenses. According to the worksheet, her CS will go up about $200/month.

I guess my question is...has anyone else been through this? If you get a CS modification, how much do they knock off of her obligation for travel expenses and is it wise for us to just volunteer to pay 50% for two trips? We can't really afford an attorney right now, so hoping someone has experience with this and can share your knowledge. Smile

Thanks!!

Anon2009's picture

What state do you live in? Many states have forms to start/file for cs and modify cs online. You can print them off, fill them out and bring them to the courthouse for free, or mail them.

How much will they knock off for the travel expenses? She'll likely have to pay all travel expenses if she moves. Most courts order the moving parent to foot the travel expense bills.

Your state should also have a lot of other important info on CS online for custodial and noncustodial parents that you should read.

Orange County Ca's picture

What the court should do is eliminate any added expense you might have to pay because she CHOOSE to move. She didn't have to and don't give me any excuse that the husband moved because of work. Good - new job pays more now you can afford it.

Court should continue child support in the amount that the state considers appropriate.

When you file ask for criminal and civil penalties on her for failure to pay child support as ordered. Being out of work is not a excuse. They're her kids - somebody has to pay.

What the court will actually do is always up in the air but precedent is on your side.

Husband and kids live in your state so don't fall for the excuse that husband has to file in state where she lives.

Dizzy's picture

Stick it to that bitch.

I am a NCP mom to a 17 year old who lives in a different state. I pay my child support every month and cover my own travel expenses 100%. Don't let that selfish woman extort your DH. She needs to pull her own weight.

TheyCallMeMOM's picture

I would modify the parenting plan, she lives out of state now clearly the original plan no longer applies

Rags's picture

We lived under an out of state CO for more than 16 years.

In my experience CS and visitation travel costs are not connected in any way. CS is CS and travel expenses are travel expenses. In our case each party was responsible for getting the kid to their location. The NCP Sperm Clan paid to get SS to them, we paid to get him home. Visitation travel costs did not impact CS either to raise or lower it.

In most cases it is my understanding the the parent who moves is responsible for visitation travel.

Though my future DW was the one who moved out of state, in our case when my DW moved there was no visitation agreement. As a single teen mom she was the sole physical and legal custodian of my SS. Because there was no CO governing visitation when my future DW moved out of state for college taking the kid with her the Judge set the distribution of visitation travel costs as a 50/50 cost.