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  • Transportation costs

    Hi all,

    Sorry for all the little questions at the last minute, I have a settlement conference this Tuesday.

    I would like to know if I can request reimbursement for the costs incurred in transporting my child to the school that my ex moved my child to? Basically, my child attended at the school down the road from the matrimonial home that I am still in, however she took it upon herself to move him to a new school that is just down the street from her place of residence. I have tried to have him brought back to his old school unsucessfully as the system is too slow to react and not interested in changing the current routine. Anyway, as there is no bus service in my area for that school, I have to travel 64 km per day to get him too and from this school on my weeks during our alernating week schedule. I have done this for over a year now and the wear and tear on my vehicle has basically done it in.

    I would like an additional sum on top of the regular CS for this purpose.

    Basically I have written "The Respondent shall provide the Applicant with $***.** per month retroactive to January 1st, 2006 and the 1st of every month thereafter to cover a shared portion of the necessary and extraordinary costs of transporting the child to and from the school of the Respondent’s unilateral choice. (Shared portion of $***.** per month for 10 months)." into our minutes of settelment.

    Is this an acceptable term or provision of a custody agreement settlement?

    Thanks

    Duped

  • #2
    Urgent

    I should have mentioned that I am in the process of rewriting the minutes of settlement and awaiting any helpful input on this issue before emailing the response to my Lawyer tonight. Any information would be helpful.

    Thanks

    Duped

    Comment


    • #3
      Duped,

      Your request to have the transportation cost of the child shared between the parents appears reasonable.

      lv

      Comment


      • #4
        Transportation continues...

        Thanks for the reply LV your awsome.

        Ok, my lawyer put the issue in our agreement, my ex's lawyer took it out.

        So is that it? My lawyer says no, we will just put it to a judge to decide.

        How will that work?

        We are currently doing Minutes of Settlement.

        Thanks

        Duped

        Comment


        • #5
          I had just clicked the submit reply button to ask;

          Originally posted by Duped
          Ok, my lawyer put the issue in our agreement, my ex's lawyer took it out.

          So is that it? My lawyer says no, we will just put it to a judge to decide.

          How will that work?
          when my outlook popped up to display new email msg from my ex.

          Ex basically said; If I cannot afford to maintain my vehicle in a safe condition, ex will have to change the terms of our custody order.

          Can my ex do that? Now I am worried.

          Standing by to read replies!
          Duped

          Comment


          • #6
            Originally posted by Duped
            I had just clicked the submit reply button to ask;

            when my outlook popped up to display new email msg from my ex.

            Ex basically said; If I cannot afford to maintain my vehicle in a safe condition, ex will have to change the terms of our custody order.

            Can my ex do that? Now I am worried.

            Standing by to read replies!
            Duped
            Why be worried. Your ex (and you) can take each back to court over every little thing if one so desires. What she is saying is that she is going to challenge your current custody/access situation based on a vehicle. Well... good luck.

            These kinds of threats and intimidatations are simply wasting your time, wasting money and fueling the fire. Why bother. Either sh*t or get off the pot.

            As for the transportation costs... when you have 50-50 (or over 40%) you each have to provide a budget to the judge. Based on the budget, incomes, and fixed costs, the judge will wave a magic wand and invent some CS number. So you can include those costs into your budget. OR you can attempt to explicitely have them worked into the order. But at this point... not going to happen.

            Normally I would say that as the receiver of CS you have little to worry about regarding getting the cash... but you're a guy.

            Comment

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