AL: Out of state visitation (flight cost)

[NorthStar00]

What is the name of your state (only U.S. law)? Alabama.

The past 4 years I've payed both ways to have my son visit me. My decree does not mention anything about transportation costs however the standard out of state visitation scheduel for Madison County (that is where I live) does. The standard visitation clause in my decree is for in state visitation.



Does this mean I should have been splitting the cost of the flights? His mother lives in Arizona.


http://www.bowmanlawfirm.net/uploads/2/6/3/0/26305712/madison_county_out_of_state_visitation.339125907.pdf

3. Summer: For one-half of the child(ren)’s summer break from school, with the non-custodial parent having the child for the first half during even-numbered years, and the second half during odd-numbered years, and the custodial parent having the other half not awarded to the non-custodial parent herein. The parent who is not awarded that half of the summer break from school is awarded the Weekend Visitation described in subparagraph (a) above during the other parent’s half of the summer break.

The parents shall share equally in the reasonable costs of transportation connected with the exercise of the non-custodial parent’s summer visitation as follows: The non-custodial parent shall cause the child to be delivered to his or her residence for the beginning of said visit,
and the custodial parent shall cause the child to be delivered back to his or her residence at the end of such visitation.

Christmas: In even numbered years, from 9:00 a.m. on December 20th until 6:00 p.m. on December 26th; and in odd-numbered years, from 6:00 p.m. on December 26th until 6:00 p.m. on January 2nd next following. The Christmas visitation supersedes the weekend visitation rights. The parents shall share equally in the reasonable costs of transportation connected with the exercise of this visitation as follows: The non-custodial parent shall cause the child to be delivered to his or her residence for the start of the visit, and the custodial parent shall cause the child to be delivered back to his or her residence at the end of such visitation.

 

[justalayman]

was this distance present when the current order was imposed?

If not, who moved to cause the distance?

was the move court approved and if so, did they address the transportation costs at that time in any way?

 

[NorthStar00]

was this distance present when the current order was imposed?

If not, who moved to cause the distance?

was the move court approved and if so, did they address the transportation costs at that time in any way?

No. My son lived in state when we got divorced. It was known that his mother was moving shortly around the time that the order was approved. The divorce was filed in February and was expected to be approved before he moved so I assume that is why the lawyer went with the standard visitation. The move was not addressed in the decree it wasn't expected to happen until after the divorce was final.


edited for clarity

 

[Zigner]

You agreed to pay the charges in full.

 

[NorthStar00]

You agreed to pay the charges in full.

So by the lawyer not putting the standard out of state visitation clause in there I got screwed? This would not surprise me. My lawyer was less than stellar.

 

[justalayman]

No. He lived in state when we got divorced. It was known that she was moving shortly around the time that the order was approved. The divorce was filed in February and was expected to be approved before he moved so I assume that is why the lawyer went with the standard visitation. The move was not addressed in the decree it wasn't expected to happen until after the divorce was final.

typographical error?

 

[justalayman]

You agreed to pay the charges in full.

ya lost me? Where did you get that?

the way I see it, the other parent caused the distance so at least the order is ripe for a modification to address the travel costs.

but for the existing time, the order in force would apply. Is there a requirement the non-custodial parent pay for all travel costs?

 

[TheGeekess]

ya lost me? Where did you get that?

the way I see it, the other parent caused the distance so at least the order is ripe for a modification to address the travel costs.

but for the existing time, the order in force would apply. Is there a requirement the non-custodial parent pay for all travel costs?

Status quo.

 

[NorthStar00]

ya lost me? Where did you get that?

the way I see it, the other parent caused the distance so at least the order is ripe for a modification to address the travel costs.

but for the existing time, the order in force would apply. Is there a requirement the non-custodial parent pay for all travel costs?

Travel costs are not in the decree. The only thing is the "Standard Visitation Schedule: Exhibit B". It just breaks down visitation. Travel costs are not addressed.

 

[justalayman]

Travel costs are not in the decree. The only thing is the "Standard Visitation Schedule: Exhibit B". It just breaks down visitation. Travel costs are not addressed.

No. He lived in state when we got divorced. It was known that she was moving shortly around the time that the order was approved. The divorce was filed in February and was expected to be approved before he moved so I assume that is why the lawyer went with the standard visitation. The move was not addressed in the decree it wasn't expected to happen until after the divorce was final.

did your former spouse have a sex change?


so seek an amendment to the order addressing the travel costs.

How is it that you came to be paying the entire travel costs from the beginning? and why didn't you address it previously?

 

[TheGeekess]

did your former spouse have a sex change?


so seek an amendment to the order addressing the travel costs.

How is it that you came to be paying the entire travel costs from the beginning? and why didn't you address it previously?

I think 'he' is Junior and 'she' is Mom.

Use of pronouns without antecedents is confusing, to say the least.

 

[NorthStar00]

did your former spouse have a sex change?


so seek an amendment to the order addressing the travel costs.

How is it that you came to be paying the entire travel costs from the beginning? and why didn't you address it previously?

It wasn't an issue. I took a significant cut in pay. I still make ends meet however I am also going to have child support adjusted. She made around $20,000 a year before she left and is closer to $60,000 now. At the time of the divorce I made $74,000 a year. I've lost about a 1/3 in pay.

If it were not for the pay cut I would not care.

 

[Zigner]

ya lost me? Where did you get that?

Because he paid in full. That is agreement. Sure, it's a tacit agreement, but an agreement nonetheless.

the way I see it, the other parent caused the distance so at least the order is ripe for a modification to address the travel costs.

but for the existing time, the order in force would apply.

Agreed

Is there a requirement the non-custodial parent pay for all travel costs?

According to the OP, it's not addressed at all. OP chose to pay the costs in full.

 

[stealth2]

It wasn't an issue. I took a significant cut in pay. I still make ends meet however I am also going to have child support adjusted. She made around $20,000 a year before she left and is closer to $60,000 now. At the time of the divorce I made $74,000 a year. I've lost about a 1/3 in pay.

If it were not for the pay cut I would not care.

Why the loss in pay? If it is in anyway voluntary, you will not likely get a CS modification.

 

[TheGeekess]

Why the loss in pay? If it is in anyway voluntary, you will not likely get a CS modification.

The economy sucks. Many employers in Alabama will try to keep from laying off workers by decreasing their pay.