Legal Question in Family Law in California

Reimbursement for court ordered tranportation

My ex-wife lives in Grass Valley, I live in Concord.127 miles apart, she moved after the divorce. Our court order states that the receiving parent picks up our son, I get him 1st 3rd and 5th weekend of the month.My question is this, my ex-wife always has an excuse for not coming to pick him up, although she has remarried and has 3 cars. I have never let my son down, I always go get him when he wants to stay with me knowing his mother will not do her share of driving. Can I sue her in small claims court for reimbursement of expenses,i.e gas, oil,general wear and tear, and my time..With traffic here in Califronia the drive there and back can take me 5-8 hours.

Thank you for your time


Asked on 6/22/99, 9:23 pm

1 Answer from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Reimbursement for court ordered tranportation

You could keep the child with you until she does pick him up. That might work if there is no school the next day and your work schedule would accomodate. You could also go back to court to obtain an order that you do all the driving and your child support be reduced. This is tricky; there is a permissive "add on" to guideline child support for "visitation expenses". One case says it can reduce the payor's c/s, another says it can only be used to increase the payee's c/s. The first, FINI, was, I believe, decided in or near the judicial district in which you reside.

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Answered on 6/30/99, 12:04 pm


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