Visitation Transportation Concern

[LoveMyChild]

The CP and NCP have a new court order set to begin in January. (Previously there was no court order.) There is considerable driving distance between the parties and the order states "NCP shall reimburse CP 'X' amount for each visit to cover travel expenses." This amount would equal each party being responsible for half of the transportation costs.

One day after the court date, the NCP has begun stating that they may not be able to pay the full amount. The CP can not afford to transport the child every other weekend (as per the court order) without transportation costs being split.

What is the alternative? The CP is NOT trying to deprive the NCP of seeing their child, but honestly can not afford providing all expenses.

[ocean]

Can NCP drive? Meet in the middle? or NCP picks up and CP picks child up at the end...both doing one way...If NCP does not show up...done.

[LoveMyChild]

That was a good idea, however the NCP was only granted 4 hours on Saturday and 4 hours on Sunday every other weekend. By having the CP drive to that community it would eliminate half of the driving because the CP has family to stay with in that town for the weekend.

[LoveMyChild]

This is one idea I had. . .
If I was not reimbursed for travel expenses, would I be able to send a letter to the NCP stating this:

"As per our court order, we are to split travel expenses, with a reimbursement from you of X dollars. As I did not receive this reimbursement from you for the weekend of X, I am unable to cover the cost of travel to your community for visitation of the weekend of X." (The next scheduled weekend) "I am not canceling visitation. I am simply unable to bring Child to your community. You are welcome to visit Child in this community for the same hours. By your covering the full expense of travel to this community for that weekend, that would equal the reimbursement from the weekend of X."

What do ou think?
Any thoughts would be appreciated. . .

[awakenlynn]

I think that might work; you would break even by taking turns covering a weekend and alternating. 

You said the visits are for 4 hrs, how far away is the driving?  Is maybe bus or train cheaper?

[LoveMyChild]

Thanks for the reply. Unfortunately, living in a college town, the bus and train are a LOT more expensive on the weekends--I had previously thought of that as an alternative.

But it's nice to know that if things don't go as planned that I have an alternative that won't laid myself in trouble in court. . .

[Gestalt]

This is one idea I had. . .
If I was not reimbursed for travel expenses, would I be able to send a letter to the NCP stating this:

"As per our court order, we are to split travel expenses, with a reimbursement from you of X dollars. As I did not receive this reimbursement from you for the weekend of X, I am unable to cover the cost of travel to your community for visitation of the weekend of X." (The next scheduled weekend) "I am not canceling visitation. I am simply unable to bring Child to your community. You are welcome to visit Child in this community for the same hours. By your covering the full expense of travel to this community for that weekend, that would equal the reimbursement from the weekend of X."

What do ou think?
Any thoughts would be appreciated. . .

If I am reading right- and please correct me if I am wrong, but it looks like you are expecting the payment before the travel? That's not the way reimbursement works.

You need to do the travel, log your expenses...
Submit to him a "bill" and ask for reimbursement...

Then he would be on the hook to send you money.

What is the exact wording of the reimbursement part? Any guideline on how to handle the request for reimbursement (ie, within 10 days etc)?

[MixedBag]

I would do all the transportation for about a month or two -- requesting reimbursement each and every time afterwards just as the court order says you're entitled to.

THEN -- I would file a motion for contempt with the court requesting that the NCP be ordered (again) to reimburse you and  requesting permission to cease and desist all obligations on the CP's part to do any transportation.

THEN -- I would wait until the NCP is served and probably lean towards not going until you get reimbursed for one trip, and then start back up again.

See -- you can't take the law into your own hands, and since it's EOW, I wouldn't file after one violation, but after a pattern has been established.

THEN I'd be careful -- are you quibbling over $50 in gas??  or $20?  or $100???

[LoveMyChild]

Sorry for the confusion. I wasn't looking for reimbursement BEFORE travel, just a way to make sure that the reimbursement actually happened each time so we don't fall into a pattern of the CP driving and providing all expenses every time.

The only part listed on the court order about reimbursement was the one line that was already posted: "NCP shall reimburse CP 'X' amount for each visit to cover travel expenses." It does not state WHEN the reimbursement is to take place. . . (within 10 days, etc.)

We have had patterns of situations similar to this, where the NCP follows only the parts of the agreement that they like (before it was court ordered.)

I also can't afford to go back to court because court is in the town of the NCP. I would have to drive up there again, take time off of work, take our child out of school, etc. So I'm looking for other options. It's not about fighting with the NCP, but simply because I honestly can not afford to do all of the transportation.

[MixedBag]

in the end, you may have no choice but to go back to court to enforce the order as written.

And then ask for ALL Damages to include filing fees, travel expenses to appear, missed wages, and full reimbursement that is owed per the order.

careful about taking the law into your own hands and making up your own rules.......