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  1. #1
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    Feb 2012
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    Default Who Pays Travel Cost for Visitation when Custodial Parent Moves to Another Continent

    My question involves a child custody case from the State of: Texas

    Hi and thanks for any help on this...I'm the father and non-custodial parent and my ex, custodial parent, moved to South America with our child. Now, they moved when we separated, so prior to our divorce being official. I've currently been paying for all the travel costs, which can be $4,000-5,000 a year, which is a significant burden for me to bear alone on top of the 20% net resources for child support. So, my question is, shouldn't she have to pay at least 50% if not 100% given she was the one that moved from our state of residence which is Texas?

    thanks!

  2. #2
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    Apr 2009
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    Default Re: Who Pays Travel Cost for Visitation when Custodial Parent Moves to Another Contin

    Did your final custody orders not address the issue of transportation?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
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    Feb 2012
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    Default Re: Who Pays Travel Cost for Visitation when Custodial Parent Moves to Another Contin

    The issue of who pays for this does not seem to be addressed in the legal document so I want to get that cleaned up but another issue is that given my ex is abroad it is hard ot get her to agree to address this in court.

  4. #4
    Join Date
    Jul 2006
    Location
    TN
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    661

    Default Re: Who Pays Travel Cost for Visitation when Custodial Parent Moves to Another Contin

    How long has the child lived in South America and you been footing the bill for visitation?

    You don't have to get her to agree to address it in court, you file a petition to modify your current order and have her served. She will have no choice than to address it in court.

  5. #5
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    Default Re: Who Pays Travel Cost for Visitation when Custodial Parent Moves to Another Contin

    I have a quick question, too - where in South America?

    There's a reason I'm asking.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  6. #6
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    Feb 2012
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    Default Re: Who Pays Travel Cost for Visitation when Custodial Parent Moves to Another Contin

    I've been paying for 4 years now and she lives in Argentina

  7. #7
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    Default Re: Who Pays Travel Cost for Visitation when Custodial Parent Moves to Another Contin

    One of the problems I see is if you don't pay, Mom won't send the kids at all. While Argentina is a signatory to the Hague Convention, in practice Argentina is not huge on enforcing US custody/visitation orders.

    The other problem is that you've been paying for 4 years - in order for that to change, you may need to prove a change in circumstance.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  8. #8
    Join Date
    Feb 2012
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    6

    Default Re: Who Pays Travel Cost for Visitation when Custodial Parent Moves to Another Contin

    True, maybe the fact that I've been a nice person paying that money for 4 years may penalize me. But, I'm paying that under the current circumstances under which, per current decree, I pay slightly below the 20% child support requirement but she wants to change that to go higher and meet the 20% number. So, if she wants to increase that then I have a right to challenge the travel costs given that by increasing child support that, in fact, changes the circumstances. Granted I'm not judge so have no idea what one would rule here. Mine is a complicated case, as I'm sure many are, and this doesnt even factor yet having to travel 11 hours each way to visit my daughter. I plan on modifying decree to make that balanced so that each parent shares the responsibility of ensuring our child spends adequate amount of time with her father.

  9. #9
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    Default Re: Who Pays Travel Cost for Visitation when Custodial Parent Moves to Another Contin

    You can of course try - but don't count those chickens. If Mom does file for an increase to get you in line with guideline support, she'll likely get it.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  10. #10
    Join Date
    Feb 2012
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    6

    Default Re: Who Pays Travel Cost for Visitation when Custodial Parent Moves to Another Contin

    I agree, nothing is a sure thing when you go to court but I have nothing to lose by challenging and requesting a change to kake her pay 50% of travel costs...I already pay 100% of them so there's no downside for me by petitioning it; and there are some very valid arguments to do so given the magnitude of the costs...these aren't $200 flights but $1500

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