Ask A Lawyer: Child Support And Travel

 

Question:

My new wife is pregnant and expecting our child in May.Will this be reason to lower my child support?

My ex-wife and our child live in another state.  She has been refusing to get my daughter to the airport in order to come visit me. How do I go about making her be responsible to bring my daughter to the airport to fly to my house when I am supposed to have her?

 

 

Answer:    

Your new child may be a reason to lower your child support.  However, in some states, including Kansas, it is not a reason to file for a modification, but if the other party files for a modification, consideration will be given for new children.  Put another way,  in computing child support, the payor’s new child can be used as a shield, but not as a sword. 

Regarding your daughter’s mother taking her to the airport to visit you, this is something that should be addressed in your parenting plan.  If there is no provision currently, you’ll probably need to file for a modification if she is not agreeable to taking your daughter to the airport.  Depending upon your daughter’s age, the distance between her mother’s house and the airport, and other factors, you may be able to get a court to order your daughter’s mother to take her to the airport.  

 

Claudia J. Weaver is an Associate Attorney with Cordell & Cordell, P.C., in Overland Park, Kansas. Ms. Weaver practices exclusively in the area of domestic relations.

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One comment on “Ask A Lawyer: Child Support And Travel

    child support and travel
    if im paying my child support now (on time and etc.), but i was delayed in payments before because i lost my job…so this makes behind in what i owe, can i travel to another country

    Answer from DadsDivorce admin:

    By federal law and federal regulation, the United States may deny or revoke passports to applicants who have arrears of child support of more than $5,000, except for a limited passport to return to the United States. See, e.g., 42 USC 652 and 22 CFR 51.70. Payors with at least $5,000 arrears appear on a list in the Passport Name Check System. However, the Secretary of Health and Human Services must certify the arrears. When the arrears are paid or do not exceed $5,000, the Secretary sends a subsequent certification to remove the payor from the list.

    http://www.dadsdivorce.com/component/content/article/41-ask-a-lawyer-blog/2818

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