Mileage as an Extraordinary Expense


#1

For the first time since our divorce ten years ago, my ex-wife is trying to have our child support agreement modified to include the mileage she has taking the kids from Wake County where she lives to Johnston County where they go to school and camp. We share visitation 50/50 where the exchanges of the children happen every Monday, Wednesday, and Friday. Mileage was never a part of the original support agreement and the decision to have the kids attend Johnston County schools was a mutual decision when as the kids started school and has not been an issue for the entire time. Does she have the right to include mileage into this cycle of support modification? It would be the largest change in support that we would have with the biggest impact on my amount to be paid each month.

I interpret the “extraordinary expense” to include mileage (if allowed) only in situations where visitation is between states or over a large distance, NOT the everyday back and forth to schools. Am I right?


#2

I agree with you. Mileage is not typically included in a support calculation. If it is, it is classified as an “extraordinary expense”. I do not think a judge would see travel from Johnston to Wake as extraordinary, especially given your agreement that the children attend school in Johnston.