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LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6536
Experience:  Family Law Attorney
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Is it unrealistic to put the following request in my Final

Resolved Question:

Is it unrealistic to put the following request in my Final Order Visitation?

Temporary Order states that the Plaintiff be responsible for 70% of the cost of travel and the Defendant be responsible for 30% of the cost of travel.
These percentages are a little more than each parties proportionate share of the child support obligation.

The plaintiff had to move out of the state to save her military career and be able to retire with her military pension. In the temporary order hearing the plaintiff stated she planned on moving back to South Carolina after completing her obligation. In the less than 2 years since the temporary order was set, she has bought a house and remarried.
She has no intention of returning to South Carolina.

Final Order for Visitation:
Is it reasonable to request that the Plaintiff pay 100% of the travel cost of the children to visit the defendant since she will not be returning to South Carolina?

Thank you.
Submitted: 4 years ago.
Category: Family Law
Expert:  LADY LAWYER replied 4 years ago.

LADY LAWYER : Hey Kevin,
LADY LAWYER : It is not unrealistic to request this since your ex has no intentions of moving back to SC. This obviously puts a much greater financial burden on you in the long run with regard to travel costs for the children. Now, while in theory it is not unrealistic to ask for her to cover all of the travel costs, in practice, the court is probably going to make you cover some of them. If you ask for 100%, base it on the fact that she has made an independent decision to stay in SC and that has created an unfair financial burden for you if you are made to cover any travel costs. BUT, give the judge an alternative because most likely, s/he is going to make you responsible for some of the costs anyway and the statistics are in your favor that a judge will agree with a party's reasonable alternative rather than awarding what is standard. So you will want to say something along the lines of...Respondent respectfully XXXXX XXXXX the court order Petitioner to be 100% responsible for all travel costs as they relate to visitation with the children because XYZ. Alternatively, if the court should decide that Respondent should share in the travel costs for the children as they relate to visitation with the Petitioner, Respondent respectfully XXXXX XXXXX the court order Petitioner to be 90% responsible for these costs and Respondent to be 10% responsible for these costs.
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Customer: replied 4 years ago.
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