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

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  #21  
Old 07-24-2019, 01:27 PM
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Originally Posted by HammerDad View Post
The 30% is irrelevant to c/s. The travel costs are.
Except..

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Originally Posted by bcgooddad
We live 10 hours apart and share travel equally.
If father did all the travelling, then he could get reduced CS due to travel costs. If they are sharing the travelling burden though, then he will have to pay table support.

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Originally Posted by back to HammerDad
Your ex also should be providing you with clothes for the child for your parenting time.
That's one of those theory vs reality things though. In theory, custodial parent should provide all clothes. In reality, they rarely do.
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  #22  
Old 07-24-2019, 01:45 PM
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Originally Posted by Janus View Post
If father did all the travelling, then he could get reduced CS due to travel costs. If they are sharing the travelling burden though, then he will have to pay table support.
This doesn't make sense, unless he was doing no extra traveling. OP is still driving 5 hours and has costs due to the move. Based on their agreement, he would never be ordered to pay full table.
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  #23  
Old 07-24-2019, 02:19 PM
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This doesn't make sense, unless he was doing no extra traveling. OP is still driving 5 hours and has costs due to the move. Based on their agreement, he would never be ordered to pay full table.
I get what you are saying. It is just unusual to be able to contract your way out of child support. The only way I have seen is in related to access costs. I guess what will likely happen is that mother will stop sharing the travelling, and father will have to do 100% of the travelling. At that point he will be incurring all of the travel expenses and will likely be able to argue for a reduction from table CS.

His hours of personal time are not really worth anything, just his costs. He is not going to get that much of a rebate.

If I were bcgooddad, I would strongly consider moving next to the mother. Driving 5 hours for a brief unsatisfying visit is going to become tiresome quite quickly.
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  #24  
Old 07-24-2019, 03:11 PM
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Originally Posted by Janus View Post
I get what you are saying. It is just unusual to be able to contract your way out of child support.
It's certainly uncommon, yet has a specific section in the rules for this issue, and related issues like multiple baby mamas, where the usual cs can be changed.

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I guess what will likely happen is that mother will stop sharing the travelling, and father will have to do 100% of the travelling.
Then the agreement would be changed to accommodate a greater discount due to even more cost.

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If I were bcgooddad, I would strongly consider moving next to the mother. Driving 5 hours for a brief unsatisfying visit is going to become tiresome quite quickly.
Unless he can get the other baby mama(s) to move with him, that might be hard.
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  #25  
Old 07-24-2019, 03:29 PM
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Originally Posted by Janus View Post
If father did all the travelling, then he could get reduced CS due to travel costs. If they are sharing the travelling burden though, then he will have to pay table support.

C/S may still be reduced to factor in the increased costs of transporting the child notwithstanding that transportation is shared. 10 hours shared is still 5 hours each way, which is still a significant amount. Further, if the ex agreed to meet half way AND reduce c/s as a means to compensate for the increased time/costs of the OP's transportation, a court isn't likely going alter that. The ex agreed to this and conceded the reduced c/s in consideration for allowing her to move, any half decent lawyer would roll over the ex if they tried to reverse their position now.



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Originally Posted by Janus View Post
That's one of those theory vs reality things though. In theory, custodial parent should provide all clothes. In reality, they rarely do.

Very true. Having some stuff on hand is smart, just in case. Although I disagree with the ratios. I think most CP's do send clothes, it is just the ones that don't you head about more. Like deadbeat dads. No one really hears about the ones that actually do what they are supposed to do.

Last edited by HammerDad; 07-24-2019 at 03:32 PM.
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  #26  
Old 07-24-2019, 03:34 PM
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If I were bcgooddad, I would strongly consider moving next to the mother. Driving 5 hours for a brief unsatisfying visit is going to become tiresome quite quickly.

^^^ Best advice in the thread actually.
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  #27  
Old 07-24-2019, 04:46 PM
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For clarity, we share the travel, each doing the full distance with an overnight once every four weeks. And the distance is 10 hours each way. That was one of my conditions for the move, along with reduced cs. Otherwise we would have been in court debating the move.


I am considering moving closer, except I parent my son half time where I am now. He is 12, and things are pretty solid there, but I can't really ditch him. If I can manage to squeeze in a few days a month with my daughter where my ex lives, that could put me into substantially equal time, and it's a whole different legal situation. Tough though as we need a place to stay (which is possible with friends), and depending on work. It's a stretch.


Having another kid I would hope gives me a bit of leverage for reduced support also? Though from what I understand, undue hardship is a tough fight?
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  #28  
Old 07-24-2019, 05:04 PM
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Uggg..... I didn't realize there is another child in the mix and you share custody. It would be REALLY hard to justify giving up time with one child for the other. IMO, I think you are stuck in the location you are.


That said, having another child has ZERO impact on what you pay in c/s. It is not a factor in determining whether it should be reduced. Your only argument for maintaining the reduced c/s is the cost of travel.
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  #29  
Old 07-24-2019, 06:29 PM
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Yeah exactly. My last resort and what I've suggested to her is that I take her to court to relocate again back to where I live once she is done school in the spring. Reasoning is that it is expensive and extremely inconvenient for both of us, we can barely schedule month to month, it's creates tons of conflict between us, and most importantly not good for our daughter who is torn between two lives. School complications could play into it also, as well as her relationship to my son, her half brother. If I am put into an impossible position, I would have to try for it. Is this ever successful?
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  #30  
Old 07-24-2019, 06:43 PM
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Quote:
Originally Posted by bcgooddad View Post
Yeah exactly. My last resort and what I've suggested to her is that I take her to court to relocate again back to where I live once she is done school in the spring. Reasoning is that it is expensive and extremely inconvenient for both of us, we can barely schedule month to month, it's creates tons of conflict between us, and most importantly not good for our daughter who is torn between two lives. School complications could play into it also, as well as her relationship to my son, her half brother. If I am put into an impossible position, I would have to try for it. Is this ever successful?
A court will not force her to move back with the child..the ship has sailed on that. If you would of done that when she first moved then you would of had more or a chance.

You knew when she moved that it would be difficult and inconvenient but you did not stop it.
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