North Carolina  |  Family Law

Legal Question

Asked on: 10/13/03, 3:42 pm

out of state travel

my exhusband has moved out of state . i have full custody

of my child ,he has visitation i required to provide the transportation there and back? he is holding child support till i agree to meet him half way.

1 Answer

Answered on: 10/13/03, 6:49 pm by John McNeil

Re: out of state travel

First of all, your husband can not suspend payment of child support for many reasons, but certainly can not suspend payment because of a custody/travel dispute. If he has done so, you may want to petition the court for an order to show cause for his failure to pay the child support.

What you are required to do depends on several factors. Mainly, it would depend on whether the court order or separation agreement (that gave you full custody) stated that there was supposed to be a meeting point or shared travel. In addition, it would depend on whether he was living near you or in another state when the court order/separation agreement was entered. If he moved subsequent to the entry of the order or agreement, he may be able to petition the court based on a change of circumstance to order you to meet him. A lot also depends on how far you and he are living from each other now, what the arrangement was when/if he was living closer, and how often he actually exercises/exercised his visitation prior to his move.

In my opinion all those questions should be addressed to an attorney regarding what your rights and responsibilities are. Given the wide range of possibilities it would probably be unwise not to seek counsel to get a clearer understanding of the situation. In addition an attorney can help facilitate his payments of child support.

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