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PROVIDING 50% OF TRANSPORTATION

Lulubelle's picture

I'm the SM of 3 Skids. I have pretty much been the primary mom for most of their lives. 3 years ago the BM took us to court for standard visitation rights, she wanted tax exemptions, she wanted a decrease of child support (She's only obligated to pay $180 per month for 3 kids), and she wanted us to provide all transportation for visitations. She lives 40 minutes away.
The judged denied everything except he ordered that we provide 50% of the transportation. We have diligently followed the court order to a tee since then.
However, she's several thousand dollars in arrearages on child support, she only sees them EOW although she's entitled to see them more then that, she doesn't provide for them in any other way, nor does she take them to any events or appointments. We also found out yesterday that she's been driving on a suspended license since 2005.
Since she has defaulted on all the court orders she's responsible for my husband has stated he no longer feels we should provide 50% of the transportation.

If we stop doing this what are the consequences???

melis070179's picture

Well considering she has no license, unless she shows up with someone else doing thr driving, you can't allow the kids to get into the car with her anyways. You're pretty much covered. I would ask a lawyer what you could do about getting it put in that she's can't drive with the kids in the car because she doesn't have a license.

"Nobody will ever win the battle of the sexes. There's too much fraternizing with the enemy"

Lulubelle's picture

hmm - you know I think I do have an order stating that she must have a license and insurance because this was a concern several years ago. I'm glad you said that. I will look thru the papers. That may be one more contempt charge on her.

Elizabeth's picture

However, the judge structured our custody transportation in a way that makes a lot of sense. The parent who is supposed to have SD has to go get her. BM lives an hour from us and we used to meet halfway. Then BM told DH if he wanted SD, he had to come the whole way. But she still wanted him to meet her halfway to return SD. So the judge said, when it's DH's turn to have visitation, he transports SD. When visitation ends and it's BM's turn to resume custody, BM transports SD. It still works out to 50 percent.

smurfy1smile's picture

The temp order that BF has does not state who does the driving. The one thing it says in regards to that is that FSS1 is to be taken to daycare Monday morning following BF's weekend. Before the order, BM (reluctantly) agreed to meet part of the way - its about 15 miles from her daycare and 25 from her home to meet us and about 60 miles one way for us. Guess we will have to address in the upcoming order. BM also stated that on BF's one night a week parenting time that "techically" it was his repsonsibility to do all the transporting. Not sure where she got this info from the order states no such thing and BM refused to even let BF use his one evening a week from for the first 4 weeks of the temp order.

Personlly,I meet my ex about half way to exchange our daughter. It is a little (like 5 miles) closer for me but I did most of the driving for quite a few years and there is nothing between where we meet and what would be half way so we can't just pull over on the highway and exchange her. My ex tried to get me to drive farther and told me to do the math - so I did and the place he picked was 20 miles for him and 45 for me. Look who can add!!