"Financial Hardship" definition


In our child custody settlement, it states the non-custodial parent will get such and such holidays, etc “…if physical transportation between parents will not cause a financial hardship and transportation costs will be split 50% to each parent.” I am remarried. Will North Carolina take into account my new husband’s income when determining what a “financial hardship” is in reference to transporting my daughter to visit my ex-husband? My ex is in Germany and wants my daughter for Christmas. It will cost us both $2,500. Before I fight it, I want to know if I need to be adding my new husband’s income into the mix. Thank you.


It seems unreasonable to me that you would have to split the cost to send your daughter to Germany. Was your ex out of the country at the time this was ordered?


No, we are both in the military and divorced in NC. He has every-other Christmas with her and will be stationed in Germany by this next Christmas. The custody arrangement states each parent will pay 50% of the costs if there is no financial hardship. He is claiming since I’m married again, we should have plenty of money now. My new husband still owns his own home and has his own expenses. I just want to know if his income is considered my income when it comes to issues of custody transportation and such.


I would think sending your child to Germany is a financial hardship, for almost anyone. Your new husband is not responsible for these costs and his income should not be considered.
A parent’s move out of the country is a substantial change in circumstances warranting a change in the current arrangement. I can’t imagine you are thrilled about sending your child to Germany alone.


She’s only 5 and will not be traveling alone (hence the extravagant costs). My $2,500 would be the cost of my ticket to bring her back plus half of her ticket to get there and back. Thank you for your assistance.