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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #11  
Old 07-10-2020, 07:09 PM
rockscan rockscan is offline
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Quote:
Originally Posted by StillPaying View Post
Your position is not reasonable and highly unlikely at court. Access costs are common, for much shorter distances than this.

Driving is usually the cheapest mode and you can't assume a friend's house will be available. Whether it's 16 hours plus 2 nights, or 8 hours and 4 nights at hotel, or bus/taxi/hotel... it's still going to be expensive, but unlikely to be the same cost as full table support.

What does the OP think an appropriate amount should be?

If you had read the thread you would have seen she said her ex is trying to stop paying child support claiming his costs for parenting access are too high suddenly. He has had no problem for several years AND agreed to mom moving despite knowing he would have to incur costs. This isnít a new situation and he has no change in circumstances that he has shown.

Mom has offered to reduce costs for the travel but not to zero and has said he stays with family. He has provided NO PROOF of his additional costs that make his access difficult.

This is simply a case of dad crying broke after several years of having no problem to get out of paying cs.
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  #12  
Old 07-10-2020, 07:54 PM
StillPaying StillPaying is offline
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You seem to be assuming a lot. Ex is looking to reduce cs to offset access costs. This is directly addressed in 10(2)(b), and since mother moved the dad has a great shot at recovering his costs. Support and costs are often changed, no cic needed, whereas it would be if custody was being changed.

OP agrees that cs should be reduced. You can't force friends to allow him to sleep over, so if he's paying for gas/hotel and has receipts - mother should pay. He's paying ~$900/cs - I'd assume it would cost about $400/gas and $400/hotel per month. Dad's position sounds correct.

Dad's still paying proper cs, mother's just getting a reduced amount in lieu of her choice to move away for better employment.
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  #13  
Old 07-10-2020, 09:37 PM
rockscan rockscan is offline
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Iím not assuming anything. OP stated she moved and this has been the situation for a period of time. There was no agreement to reduce for her move and a judge will ask why suddenly it is an issue. OP stated he is claiming expenses with no proof, simply saying he paid in case.

Undue hardship to reduce cs is difficult to argue especially when he has agreed to it and has a history of doing it. The ex will also have to prove his expenses to reduce child support and since OP is offering to share travel expenses he will not be able to reduce it completely.
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  #14  
Old 07-11-2020, 10:46 AM
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Quote:
Originally Posted by rockscan View Post
The ex will also have to prove his expenses to reduce child support and since OP is offering to share travel expenses he will not be able to reduce it completely.
Just like any expense, no receipt = no payment and you can't request high end refunds when cheaper options are available.

There are definitely high costs involved with this access due to mother's move for better employment. Seems reasonable that it could cost $800/month, maybe less if he's able to stay with friends.

Again, he is not looking to pay less child support. He's looking to pay no more than full table support due to mother's move. Mother can do all driving or half driving to reduce his costs, but why should he pay 100% or even 50% is additional costs so mother can move away for more money.
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  #15  
Old 07-11-2020, 11:51 AM
Elomelo8387 Elomelo8387 is offline
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I appreciate all the feedback. It seems like there is a lot of factors involved. I donít know what an appropriate amount for these costs will be since the receipts provided are not consistent. Iíll try to put a good offer to settle based on legal advice and take from there. But one thing is clearó- it seems unlikely that the entire CS would be abolished.
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  #16  
Old 07-11-2020, 12:43 PM
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Quote:
Originally Posted by Elomelo8387 View Post
- it seems unlikely that the entire CS would be abolished.
Separate the issues. You're getting full table support and that's not changing. You want ex to do all driving and you're repaying him so you don't have to do it.
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  #17  
Old 07-11-2020, 02:32 PM
rockscan rockscan is offline
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Is there some more detail you can provide?

Why is this happening now?
How long have you lived in another city?
What precipitated the move?
Was there any agreement before?
Is there an underlying circumstance that has caused this to come up?
Has he ever expressed an issue before?
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  #18  
Old 07-11-2020, 03:36 PM
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Quote:
Originally Posted by StillPaying View Post
Dad's still paying proper cs, mother's just getting a reduced amount in lieu of her choice to move away for better employment.
Dad consented to the move, which makes it a mutual choice.
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  #19  
Old 07-11-2020, 05:24 PM
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Unless they addressed all the issues, their lack of agreement goes both ways. I believe his "consent" would hinder a custody change but not a hardship one. There is obviously high access costs here (~$10k/yr), and ex shouldn't be stuck with it due to mother's move. It may not be much, and certainly no more than his actual costs, but it's my guess he'll either get cs reduced or s.7 costs would be offset due to access costs.
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  #20  
Old 07-11-2020, 11:08 PM
Elomelo8387 Elomelo8387 is offline
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Quote:
Originally Posted by rockscan View Post
Is there some more detail you can provide?

Why is this happening now?
How long have you lived in another city?
What precipitated the move?
Was there any agreement before?
Is there an underlying circumstance that has caused this to come up?
Has he ever expressed an issue before?
Honestly I donít know why this is happening how. Ex was abusive in many ways and never guessed I would take the step to separate for him in order to be happy. It was supposed to be an amicable divorce but went sour when he realized money and support was involved because he makes a high income.
I have been separated over 2 1/2 years now and living separately from him.
No agreement was in place before. When we had to sort the issues and tried to make a SA all the issues began.
This was not an issue before. He has a high standard of living and wants all these luxuries. He realized CS gave him a dent and then started looking for ways to reduce it
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access, child / spousal support, undue hardship


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