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Started by Lifehappens, May 17, 2006, 02:55:19 PM

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Lifehappens

I want to ask you a question but prefer not to do it on a open site, it there a way we can email each other?

socrateaser

>I want to ask you a question but prefer not to do it on a
>open site, it there a way we can email each other?

I don't accept emails unless the matter relates to actual or reasonably likely criminal prosecution, or when, after I read your facts, I believe that emailed correspondence is required to help resolve the issue.

If you have a criminal matter, send me an email with the facts to [email protected], and post a note here stating that you have done so (because I don't often check that email address.

Otherwise, you will have to post here, and take your chances with the rest of the gang.

Lifehappens

I understand.

Question: When transportation costs are mention in Family Law, as one parent pays 1/2 of costs, what are they saying? Is it fuel?Or is it fuel, hotel and meals?

socrateaser

>I understand.
>
>Question: When transportation costs are mention in Family Law,
>as one parent pays 1/2 of costs, what are they saying? Is it
>fuel?Or is it fuel, hotel and meals?

Depends on the circumstances. Transportation costs, implies the reasonable cost of transfering the child. If you live 200 miles from the nearest airport, and the only reasonable means of transferring the child is via air, then it may be reasonable to get a room for the night. If you must pay for a cab, then the cab may be reasonable. If gas is ridiculously expensive, then gas or mileage charges may be reasonable.

But, it's only out-of-pocket costs, not the value of your time that the court considers. And, if your order doesn't specify what is reasonable, then the first time this becomes an issue, you may need to go back to court for clarification of the term, so that if a parent decides not to pay his/her fair share, that you will have an order definite and certain enough to enforce it via a contempt motion.

Sorry to be vague, but it's a vague issue, until the rules are nailed down by the court, after a problem occurs.

Lifehappens

You are correct this is a distance situation, parents reside about 250 miles apart. How do you calculate actual costs?

Is it reasonable to ask for receipts? then pay within a certain time period?

socrateaser

>You are correct this is a distance situation, parents reside
>about 250 miles apart. How do you calculate actual costs?
>
>Is it reasonable to ask for receipts? then pay within a
>certain time period?

Yes, completely reasonable. "Reasonable" to the court means: a conclusion that logically follows from relevant facts and circumstances.

So, if it logically follows that certain costs are reasonably necessary to take the child 250 miles, then that's proof enough that they should be split 50/50.

Receipts for gas, food, lodging, etc., is all reasonable and relevant.