Final letter from lawyer Dan before his vacation:
There are SOME things that are just inherently faulty with custody issues:
1) ONE party carries all the insurance costs with the OTHER party only responsible for 1/2 of uncovered doctor bills. Nichole only pays $475 a month in child support. I know..."only?" But look....
AOL charged $300 a month for family insurance coverage. I was the one paying $475 a month child support AND was ordered to cover the kids and pay the insurance.
The company I worked for here charged $450 a month for family coverage on medical and dental. And I can't find coverage outside of company-provided for less than $700 a month.
Medical and dental insurance completely negates child support. Period. End of discussion. There's no way child support versus insurance comes anywhere NEAR being equal to both parties. And I have YET to see a court order 1/2 pay on insurance. We've certainly never gotten that motion entertained.
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When you read the letter, you'll see that the 'relocating party' (me) has to pay 100% on travel costs for TWO visits per year and 1/2 the cost on one.
Courts need to look at rising fuel costs...even airfare is going up. The LEAST expensive method of travel is by bus (it removes the lodging and food that a family would normally encounter if I were to drive them myself), but that's five or six days' travel time. The boys COULD not have the two non-summer visits if they traveled by bus.
Ok, so one parent moves their kid across the country. The courts CONTINUE to punish that parent in an off-hand manner by making them pay.
Example: the boys are too young to fly alone, so it would require FOUR round-trip tickets. Either myself or Nichole would have to fly them out and back. The lowest cost I've seen for airfare is around $1800.
Do the math...1800 + 1800 + 900 = $4500 a year in travel costs. TEN MONTHS OF CHILD SUPPORT to allow visitation?
To see this by the numbers --
income - child support - $5700 a year
expense - travel - $4500 a year
expense - insurance - $8400 (based on low-end cost of $700 a month for medical, dental, vision)
As a custodial parent -- my out of pocket expenses are $9600 a year.
That means my INCOME just to pay for the kids, would have to START at $800 a month. This does NOT include court fees to GET child support, does NOT include housing, NOT include food, NOT include clothing, school expenses, or my OWN cost of living.
I don't want to hear anymore bitching from ANYONE who has to pay child support.
wow.
Yes, it WOULD be cheaper for Nichole to live here. But she won't - she'd wind up in jail. And I won't move them back...anyone who's read my journal before we moved here KNOWS what life was like...the schools, the medical problems and expenses, the lack of jobs. Moving BACK to Utah to get the boys close to Nichole is NOT an option.
So I'll pay.
Looks like I'm getting the "reform" itch again. Of course, as in the past, trying to get through the red tape will kill THAT itch real quick.
Joe:
Don't worry. I don't think there is a judge in his right mind that would switch the custodial situation based upon a "poor me" defense. In particular, since the boys have flourished since the move and to remove them from that environment would be too determintal to them.
As for the parenting plan,.... you don't need one. Standard visitation for parents living more than 150 miles apart is what applies to you. It means Nicole has visits.... hang on, I'll try and cut and paste in the out of state guidelines:
§ 30-3-37. Relocation
(a) in years ending in an odd number, the child shall spend the following holidays with the noncustodial parent:
(i) Thanksgiving holiday beginning Wednesday until Sunday; and
(ii) the fall school break, if applicable, beginning the last day of
school before the holiday until the day before school resumes;
(b) in years ending in an even number, the child shall spend the following holidays with the noncustodial parent:
(i) the entire winter school break period; and
(ii) Spring break beginning the last day of school before the holiday until the day before school resumes; and
(c) extended parent-time equal to 1/2 of the summer or off-track time for consecutive weeks. The week before school begins may not be counted as part of the summer period.
(7) Unless otherwise ordered by the court the relocating party shall be responsible for all the child's travel expenses relating to Subsections (5)(a) and (b) and 1/2 of the child's travel expenses relating to Subsection (5)(c), provided the noncustodial party is current on all support obligations. If the noncustodial party has been found in contempt for not being current on all support obligations, he shall be responsible for all of the child's travel expenses under Subsection (5), unless the court
rules otherwise. Reimbursement by either responsible party to the other for the child's travel expenses shall be made within 30 days of receipt of documents detailing those expenses.
The key for your situation is that Nicole has never paid for the travel expenses and visitation costs and therefore pursuant to paragraph 7, above, "if the non custodial party has been found in contempt for not being current on all support obligations, she shall be responsible for all of the child's travel expenses" under the above listed days. So, if Nicole wants to take you to court, she has more to lose than you. And, at this point, she owes you. You are not denying her the visitation with the kids, you CANT
afford it.
With that said, I don't want you to say to her, "if you don't pay, you don't see the kids." That would certainly rub the judge wrong. However, what you can say is that "Nichole, I can't afford to bring the kids out unless you pay one-half the costs, up front." You've shouldered the costs by yourself for too long and now she has to contribute and make up her arrears.
When I get back from vacation, I will notice up the court for a hearing to finalize everything, present the money issues and put this all to rest. I will request that you appear telephonically since you are in Florida.
Dan
