QUESTION: In 2007 my wife and I divorced. Per the divorce decree as of May 2010 she was to begin paying 50% of the travel fees for our 2 children. To date, she has yet to pay anything. In December 2011, I paid for 2 plane tickets for my children to visit me and she failed to put them on the plane, and thus denied me visitation. With enough notification from me to her, can I offset the amount she owes me for travel from her child support? Since it was her choice to deny me visitation after I bought the tickets, can I insist she pays the full amount for those tickets? I send her child support directly to her from my bank account.
MY RESPONSE: You would be far safer to file an Order to Show Cause seeking permission from the Court to offset the travel expenses against child support, and seeking sanctions against your ex-wife for refusing to allow the children to fly, if her refusal was unjustified. However, if she had valid reasons for not letting the children fly (age, lack of an accompanying adult, etc.), you shouldn't file an OSC. It would wise for you to try to work out a resolution of the travel issues with your ex-wife, to avoid further problems. Child support is for the benefit of the children, and you could create problems for yourself with the Court if you deduct the travel expense from child support without your ex-wife's written consent or an order of the Court allowing you to do so.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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