Recent Feedback
My son's father complains about paying $320 monthly for child support. Based on our court order, I reimburse him $480 for the summer in exchange to accommadate him for travel expenses that he promised to come and spend time with our son. For the past two years, the only time that he paid for our son to visit him was only for the summer and every other spring break. He never utilized his visitation rights. My husband and I are both in the military and we just PCS to hawaii where it's way more expensive than milwaukee, WI. Question: should i have my orders modified so I do not have to reimburse him for the summer when my son spends time with him? I do not mind whether the amount stays the same. I am so sick and tired of all the drama that i have to endure with this man. Please advise...
Optional Information: State/Country of Question: Hawaii Already Tried: I tried to talk to my previous attorney; they wanted too much money to put down as a retainer. And talking to someone at child support was useless.
Disclaimer
By reading further, you agree to and understand the following: Laws vary drastically by state and country. It is impossible for an attorney to provide proper legal advice on JustAnswer and what follows is not legal advice and is general information provided for educational purposes only. No attorney-client relationship is formed. T-USA is not your attorney. No attorney-client privilege exists and anything written can be used in court if discovered by an opposing party. The following information is provided for the purpose of encouraging you to seek, in person, the counsel of an attorney who is licensed to practice law in your particular state. It is essential to consult such an attorney as soon as possible. _____________________________________ Answer If a parent does not use court-mandated visitation time, a court may consider that in modification and may revoke that time. Further, that would potentially be grounds for a modification of the support order, which in turn might result in the custodial parent no longer needing to pay travel expenses. If travel is not occuring, it seems unlikely that a court would order travel expenses to continued to be paid. Generally, such money is supposed to be spent on the child (in the form of providing time with the other parent). If it is not being spent so, the other parent should not, logically, receive the money.Further, if one parent moves (resulting in a change in the cost of living) or has an income change, this often would present a material change in circumstances that might result in a child support and custody/visitation modification.Accordingly, it is important that you consult an attorney who is licensed to practice law in the state with jurisidiction over the child to discuss the possibility of such modifications. Your attorney will help you determine whether or not a modification would be wise for you at this point in time. However, it sounds as if such remedy may be available. Please click the green Accept Button to accept my answer so I will receive credit for the time and effort I have spent answering your question. Bonuses and Positive Feedback are greatly appreciated. You should consult an attorney who is licensed to practice in your state about these matters. You can find an attorney licensed to practice law in your state through your state's lawyer referral services: http://www.abanet.org/legalservices/lris/directory/ In the future, please feel free to ask questions of me personally at: http://www.justanswer.com/profile.aspx?PF=18048122&FID=0
Experience: Attorney