My ex-wife and child moved a few hours away without notifying me and since then I’ve spent thousands on travel expenses.
We used to meet halfway but now in order to see my child I have to pay for flights. Now my ex-wife has requested a child support modification increase.
How can I get credit or reimbursed for the tens of thousands of dollars I have spent on travel in order to exercise parenting time with my children who were moved away from me without my permission?
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 divorce laws where I am licensed to practice.
Where I practice, when a parent intends to relocate, they must file a Notice of Intent to Relocate with the Court and state their current address, their proposed new address, the distance between the two residences, the reason for the relocation, and the proposal for parenting time and division of costs, if any for travel.
If the non-relocating parent objects to the relocation, they must file an objection with the court within 60 days and request that a hearing on the relocation take place. At the hearing, any new order regarding parenting time, travel costs, arranging for travel of the child, etc. would be issued and the court would rule on whether the relocation was permitted.
If no such order is in place to address travel costs and responsibility for transporting the child, you may file a request with the court to address these issues. If there was no order in place regarding the division of travel costs, you may not be able to collect for past travel costs at this point but may get an order on the division of travel costs in the future.
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To address the issue of travel expenses and transportation of the child for parenting time at the hearing on the modification of child support, you should file a Petition with the court to address the issues.
Then, at the hearing, be prepared to introduce evidence of the travel expenses and responsibility for travel with receipts, calendars or journals documenting your efforts, and travel booking confirmations.
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.