Hi there, I haven't been on the forum in quite a while but would really appreciate some input on this issue.
I share joint custody of S5 with his mom and he lives primarily at his mom's place. At the time of our agreement, we lived in the same town, barely 1 km from each other, walkable most of the time.
Last year she told me she planned to move with S5 to a nearby community (1/2 hour drive) to live with extended family. There is no transit service between the towns and neither of us had a vehicle at that time.
I had no big problem with the move other than we needed to follow our Final Order from 2015 requiring the parent relocating to prepare a proposal taking into account adjustments needed to the parenting plan, impact of increased travel time on everybody and transportation costs. (Proposal didn't happen but I didn't make a big deal out of it).
At the time of the move, my parents agreed to help with transportation and I was saving up to buy a car, which I bought a few months ago.
Instead of a 10 minute walk or a 2 minute drive, exchanges now require me (or my parents) to drive over 100 km a week and spend 2 hours driving to see my son.
We are currently renegotiating the terms of our agreement, mainly parenting schedule because S5 is school age now. Likely headed to mediation (her suggestion).
Since she moved and my family and I have been doing all the driving for exchanges since, it seems reasonable that the transportation costs should be split evenly going forward.
Mom of S5 doesn't agree, but doesn't drive and nobody in her family has a car. I work full time while she is not employed and lives with family. She is on OW and has been since his birth (despite S5 starting fulltime school in Sep 2017).
Don't get me wrong, I'm not complaining at all about doing all the driving on top of my full time job and paying for part of the costs, however the amount of $$ being spent right now is pretty hefty on top of full table support at my income level.
Primarily, I would like to follow the agreement as ordered and to have my table CS reduced by 1/2 of the travel costs that became necessary when she moved.
Does anybody have experience or advice on this issue, how to approach it in my proposal and what the rate per km should be?
The 2018 CRA rate is 55 cents per km. I was planning to use that as a starting point for my proposal to the mediator but don't want to look like an idiot.
Thanks for any help with this,
YD23 (now 27!)
P.S. I was able to find Ontario caselaw in our region that reduced the father's CS by a portion of the transportation costs for this exact reason.
"Martinez v. Osborne, 2014 ONCJ 335 (CanLII)" Should I bring this info to mediation?
I share joint custody of S5 with his mom and he lives primarily at his mom's place. At the time of our agreement, we lived in the same town, barely 1 km from each other, walkable most of the time.
Last year she told me she planned to move with S5 to a nearby community (1/2 hour drive) to live with extended family. There is no transit service between the towns and neither of us had a vehicle at that time.
I had no big problem with the move other than we needed to follow our Final Order from 2015 requiring the parent relocating to prepare a proposal taking into account adjustments needed to the parenting plan, impact of increased travel time on everybody and transportation costs. (Proposal didn't happen but I didn't make a big deal out of it).
At the time of the move, my parents agreed to help with transportation and I was saving up to buy a car, which I bought a few months ago.
Instead of a 10 minute walk or a 2 minute drive, exchanges now require me (or my parents) to drive over 100 km a week and spend 2 hours driving to see my son.
We are currently renegotiating the terms of our agreement, mainly parenting schedule because S5 is school age now. Likely headed to mediation (her suggestion).
Since she moved and my family and I have been doing all the driving for exchanges since, it seems reasonable that the transportation costs should be split evenly going forward.
Mom of S5 doesn't agree, but doesn't drive and nobody in her family has a car. I work full time while she is not employed and lives with family. She is on OW and has been since his birth (despite S5 starting fulltime school in Sep 2017).
Don't get me wrong, I'm not complaining at all about doing all the driving on top of my full time job and paying for part of the costs, however the amount of $$ being spent right now is pretty hefty on top of full table support at my income level.
Primarily, I would like to follow the agreement as ordered and to have my table CS reduced by 1/2 of the travel costs that became necessary when she moved.
Does anybody have experience or advice on this issue, how to approach it in my proposal and what the rate per km should be?
The 2018 CRA rate is 55 cents per km. I was planning to use that as a starting point for my proposal to the mediator but don't want to look like an idiot.
Thanks for any help with this,
YD23 (now 27!)
P.S. I was able to find Ontario caselaw in our region that reduced the father's CS by a portion of the transportation costs for this exact reason.
"Martinez v. Osborne, 2014 ONCJ 335 (CanLII)" Should I bring this info to mediation?
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