Question:
I am already divorced and have a parenting plan in place. I am paying half of the childcare expenses for my two children.
My ex wife has chosen to move to a more affluent area and childcare is a lot more expensive there. She has formally requested I pay an additional $500 a month to cover this expense.
Because she chose to move willfully (not for employment or schooling ) am I still responsible for the “extra” expense that will be incurred because of her choice to live in that area?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana child custody laws where I am licensed to practice.
Most states require that a parent file a Notice of Intent to Relocate prior to relocating and submit a new proposal regarding parenting time and expenses. If the non-relocating parent files an objection to the relocation within the prescribed time period (usually 30 days depending on state law), the court will hold a hearing on the relocation and that would be your opportunity to object.
Since your ex-wife may not have filed a notice of intent to relocated prior to moving, you may file an objection also citing to her failure to notify the court. If she provided the notice and you did not object, you may be able to file a Motion to Modify Child Support.
Divorce Resources:
In general, states allow a party to file a Motion to Modify Child Support if there has been a substantial change in circumstances, such as if the amount of child of child support would change by more than 20 percent. At a hearing, you may request that the court modify the amount you are required to pay for the child care expenses.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Noblesville, Indiana Divorce Lawyer Sara Pitcher, contact Cordell & Cordell.
