Extraordinary Expenses


#1

I live in KS and recently received sole legal and physical custody of one of my children from the Wake County Court, the other child remains in NC with her mother and we have joint legal custody.

The order on visitation for the child I received custody of states that the mother must take her visits in KS once monthly, we meet half way for the exchange of the other child and we meet half way for Holiday exchanges for both children. My question is, for child support purposes, can my ex claim extraordinary expenses to travel to see the child that I have full custody of, the judge made that decision that her visits must be in KS. She is not paying any child support and I am paying child support for the child that remains in NC.

The child that I am paying the support for remains in NC and would require the same amount of travel expenses for both of us since we would meet half way for exchanges.


#2

If a party is incurring an additional expense for travel that the other party is not incurring, he or she can argue that it be used as an extraordinary expense. Obviously, the circumstances surrounding the entry of the custody order may be relevant to the judge to determine if this is appropriate. Any child support calculation should take the number of overnights with both children into consideration.