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Out of State Visitation Costs

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  • 05-01-2014, 07:32 AM
    informeduser
    Out of State Visitation Costs
    My question involves a child custody case from the State of: GA

    Need clarification we agreed to Option (B). Trying to determine if this means we are both equally responsible for transportation costs as it pertains to visits where our child would be visiting me. The official Parenting Plan Agreement reads as follows:

    (iii) Transportation Costs - The cost of transportation for the child(ren)’s visitation
    shall be paid as follows:

    (A) The parent exercising visitation shall bear the transportation cost;
    (B) Each parent shall bear the cost of the child(ren)’s transportation when the
    child(ren) are traveling to that parent, whether at the beginning or the end of the
    child(ren)’s visitation;
    (C)________________________
  • 05-01-2014, 07:45 AM
    brownj12
    Re: Out of State Visitation Costs
    You pay when they are coming to you, the other parent pays when they return to them.

    Flight from Parent A's house to Parent B's house, Paid for by Parent B
    Flight from Parent B's House to Parent A's, Paid for by parent A

    this would also apply to car, train, boat, hot air balloon, etc. travel.
  • 05-01-2014, 07:53 AM
    informeduser
    Re: Out of State Visitation Costs
    Thanks for the response. Where it states "whether at the beginning or the end of the
    child(ren)’s visitation;". Does this not imply that the option to pay the costs can be exercised at the beginning or the end of visitation as it states?
  • 05-01-2014, 07:59 AM
    brownj12
    Re: Out of State Visitation Costs
    Quote:

    Quoting informeduser
    View Post
    Thanks for the response. Where it states "whether at the beginning or the end of the
    child(ren)’s visitation;". Does this not imply that the option to pay the costs can be exercised at the beginning or the end of visitation as it states?

    My interpretation of that is that it doesn't matter when the travel occurs, one trip occurs in each direction, one occurs at the beginning of the visitation, the other at the end. That line I believe refers to the timing of the travel, not the timing of the payment. Payment would typically be made in advance of the travel,either prior to, or in the case of the return trip, possibly during, the visitation.
  • 05-01-2014, 08:07 AM
    informeduser
    Re: Out of State Visitation Costs
    Thanks again. The custodial parent is interpreting all of this completely different. The custodial parent's argument is that no where does it explicitly state they are responsible for half of the child's travel costs. What are my options if they do not abide by this agreement?
  • 05-01-2014, 08:24 AM
    brownj12
    Re: Out of State Visitation Costs
    Quote:

    Quoting informeduser
    View Post
    Thanks again. The custodial parent is interpreting all of this completely different. The custodial parent's argument is that no where does it explicitly state they are responsible for half of the child's travel costs. What are my options if they do not abide by this agreement?

    If you agreed to Option B then it clearly states that the custodial parent would be responsible for the costs of the return trip. Note that this may or may no be half of the cost, as air travel is usually more expensive in one direction than the other. The other parent's interpretation would be consistent with option A.

    I would present this explanation to the other parent. If the separation is recent and you still have your lawyer then I would have the lawyer draft a letter explaining this. If they still disagree, then you should send them a notice in writing that they need to book the travel or else you will have to book at their expense, if they don't book it then book it yourself, and send them your receipts, if they still don't pay then take them to court.

    What you should definitely NOT do is either pay for the travel to you and then not return the kids because the Custodial parent did not book the return travel as they should have OR Withhold the amount they owe for the return travel from child support, alimony, or any other payments. They will be violating the agreement by not paying, however as soon as you violate the agreement as well the odds that the judge will be on your side drop dramatically.
  • 05-01-2014, 08:41 AM
    informeduser
    Re: Out of State Visitation Costs
    @brownj12 Thanks a lot for your help. I now understand clearly what this is saying.
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