Access Costs - Car Travel

[Cassady999]

My arbitrator is disputing the access costs that I have mentioned in relation to my driving to see my children. The distance is 565 km and I am doing every second weekend. I had used a standard rate per km but he is questioning this. Is there a standard acceptable way for these costs to be calculated? Secondly, what is the general amount of offset on child support payments (I had been initially told somewhere between 70-80% of your access costs).

Thanks,
Cassady

[NBDad]

It's not a business trip. You need to gather and produce evidence that shows what the cost of access actually is. Are you having to stay at a hotel or something while you are there? Or are you driving 1000+km every other weekend?

To say...calculate the gas costs...

START the trip with a full tank.

Every time you stop for gas, FILL the tank up and save the receipt.

When you arrive back home, fill the tank up again.

Subtract the cost to fill the tank that last time from the overall total. (you want to END the same way you started, but as the gas at the end did NOT get used for access, you don't want to count it)

Now...how much did you spend on gas? Round trip being 1100 or so km....should run you LESS than 3 full tanks. Any more than that, and you are better off financing a new vehicle that doesn't suck as badly. (the savings in gas alone will pay for it)

If you are having to pay for a hotel...then you simply show evidence that the place you are staying at is par for the area. (ie. show the costs from 3 places...a "nice" hotel, an "average" hotel and a "cheap motel", and then show that the place you are staying at is roughly equal to the average).

What are you spending on food for the trip? Assuming you are staying at a hotel/etc. Save the receipts so you can show you are not eating steak dinners/etc while there. Does the hotel have a fridge? Buy coldcuts and buns and make sandwiches rather than buying fast food....leverage the complimentary breakfast rather than paying for a restaurant. Things like that.

Now, do you have all THAT information? You should have produced your receipts, and your estimates/documentation, and used THAT to show the cost of your access.

[HammerDad]

My arbitrator is disputing the access costs that I have mentioned in relation to my driving to see my children. The distance is 565 km and I am doing every second weekend. I had used a standard rate per km but he is questioning this. Is there a standard acceptable way for these costs to be calculated? Secondly, what is the general amount of offset on child support payments (I had been initially told somewhere between 70-80% of your access costs).

Thanks,
Cassady

Whether or not the costs will even be considered will depend on who moved. If the parent with the children moved, than the costs should be reduced but I doubt there is any standard ratio. It will vary case to case depending on incomes, distances and needs.

If the parent who is not the custodial parent moves, than they are stuck eating the costs.

The reasoning for this is, one parent should not be adversely affected by the decisions of the other parent.

[Qrious]

If the parent who is not the custodial parent moves, than they are stuck eating the costs.

The reasoning for this is, one parent should not be adversely affected by the decisions of the other parent.

Is there any case law on this? I believe I am about to have this argument.....

(Hope for the best, expect the worst! And above all... Knowledge is power! Lol.)

[HammerDad]

Is there any case law on this? I believe I am about to have this argument.....

(Hope for the best, expect the worst! And above all... Knowledge is power! Lol.)

Well first part is, FIGHT THE RELOCATION OF THE CHILD. The parent who is moving will need to provide evidence that the move is in the child's best interests. If you catch wind that the ex is planning on moving with the kid, send written notice of your objection to the relocation of the child (unless it is closer to you or some nominal distance that will have zero impact on exercising ones parenting time).

If the ex moves away without your consent, file a motion to have the child returned to their familiar location. Note that "familiar location" will become where they moved to if one sits on their hands too long and doesn't act. Once you allow status quo to be established, you're pretty well screwed yourself in getting the child back to their old location. So immediate action in necessary.

But search Canlii on Gordon v Goertz and other similar cases regarding moving. Search for custody moving expenses costs. There are cases there for you.

[dinkyface]

565 km: is that 141 kms each way, x 4?

Don't forget the effect of an extra 15,000 kms (assuming you are driving a total of 565 km on your access weekend?) on your car's value - that amount of extra mileage could easily double your yearly depreciation - i.e. it is costing you somewhere in the range of $1000-$3000 (depending on your car value). Plus, that's 2 extra oil changes ($150), and 1/4 of a set of tires ($250).

Do you own or lease? If owning - do some checks on the Black Book website to see what effect these extra KM would have on resale value. If leasing, are you going to face additional charges due to going over your KM limits?

[Cassady999]

Thanks to everyone for the input. The distance between us was caused by a relocation for work - and request for divorce by my ex once I was already relocated and expected everyone to be joining me. So there was no opportunity to be in same town. The access costs I suggested was using a set mileage - similar to CRA rules. I think we all agree that the costs include actual costs for gas, accomodation etc... but also include some value for depreciation of vehicle, oil changes, maintenance etc... I am putting about 33,000 km per year on vehicle to access children. Thanks again for everyone's assistance.

[HammerDad]

You will likely have to prove that the ex never intended on relocating with you and it was just a ploy to create a false status quo.

Essentially, she tricked you in to taking a job fair away at a place she never planned on moving to anyway. And that is not an easy thing to prove as you need evidence.

[Qrious]

My arbitrator is disputing the access costs that I have mentioned in relation to my driving to see my children. The distance is 565 km and I am doing every second weekend. I had used a standard rate per km but he is questioning this. Is there a standard acceptable way for these costs to be calculated? Secondly, what is the general amount of offset on child support payments (I had been initially told somewhere between 70-80% of your access costs).

Thanks,
Cassady

I didn't have time to read this fully, but seems a judge used .30 per kilometre as that is the calculation that is used for witness travel expenses. Paragraph 9. Again, I didn't finish reading it, so the $ .30 per km may not have stuck.

CanLII - 2011 BCCA 173 (CanLII)