Who Pays for Visitation Expenses When a Parent Moves?

Written by Tim in Child Support Last Updated May 23, 2023

Who pays for the travel expense when a parent moves out of town or out of state after a divorce?

As a general rule, the parent exercising visitation pays for the transportation costs. When parents live far away from each other, the custody agreement must specify who is responsible for transportation costs.

If one of the parents lives out of town or out of state, your custody plan must address travel expenses and logistics. This can be complicated. We have some practical advice if you are encountering this situation. By the end of this article, you will understand the following:

  • What are common visitation transportation expenses?

  • Can you get a credit on child support for travel expenses?

  • Should you have a transportation plan?

  • What does a typical transportation plan look like?

What are Common Visitation Transportation Expenses?

When it comes to child support calculations and credits, transportation costs should be taken into consideration. What common travel expenses will a court consider when it comes to visitation?

There are several common travel expenses a court will consider. Those travel expenses include airfare, train or bus fares, taxis or ride share fares, gas and auto expenses, hotels, and meals.

To get a credit on child support for travel expenses, you must show the court how your expenses directly relate to the travel necessary to see your child. Travel expenses that are typically associated with a custody schedule are as follows:

  • Plane tickets. Plane tickets are expensive. If your child is a minor, include any fees and costs the airline might add. Airlines typically charge additional fees when a minor flies alone. Most airlines will not allow a child under five (5) to fly alone. If your child does fly alone, it is not uncommon for airlines to charge extra fees, ranging from $50 to $150. Expenses for flying would include the flight cost, fees for checking a bag, parking at the airport, and ground transportation.

  • Hotel expenses. Hotels are also expensive. Hotel expenses should be considered if you or your child are forced to stay overnight in a hotel due to travel times and arrangements.

  • Gas expenses. Your gas expenses should be considered if you drive your car to pick up your child. Make sure you save receipts for all of your fill-ups. You can also ask for increased car maintenance costs if you drive significantly more due to the move.

  • Meals. Sometimes meals can be a travel expense. Typically, a meal on the weekend with your child would not be considered a travel expense. But, if the travel requirements cause you to eat out significantly more, you can ask that these expenses be added to your marital settlement agreement and custody plan.

Can You Get a Credit on Child Support for Travel Expenses?

If you have travel expenses, can you get the court to give you credit toward your child support?

Generally, courts are allowed to give credit for travel expenses. The court should address travel expenses related to visitation in your child support calculations. Travel expenses are typically considered extraordinary, and you must list them in your child support calculations. Extraordinary expenses are a line item on the child support worksheet. The court will insert the sum it deems appropriate for travel expenses into the child support calculation.

Most states consider travel costs extraordinary expenses. If your spouse plans to move out of state, you must file a motion to modify child support with the court and ask the court to address your travel-related expenses.

If you are wondering if you will automatically be given credit for your travel expenses, the answer is “No.” Under most state child support guidelines, travel expenses incurred to transport children between the parents’ homes are considered extraordinary costs that the court “may” consider in calculating child support. Suppose a non-custodial parent claims to have incurred or expects to incur travel expenses associated with visitation. In that case, the trial court “may” but is not required to give that parent any credit.

The court has the discretion to decide whether it should credit travel expenses. Each case will be unique, based on its specific facts and circumstances. You must provide your attorney with all the detailed costs you have incurred or expect to incur regarding your travel expenses. Provide as much documentation as possible to support your calculations.

Should You Have a Transportation Plan?

If your ex-spouse lives or is planning to move out of state, is it a good idea to have a transportation plan as part of the custody agreement?

A good visitation schedule will include a transportation plan. The plan should define when and where child exchanges will occur and which parent will be responsible for travel costs.

A significant development, like an ex-spouse moving out of state, can create considerable headaches. But if you plan, these events should be fine without major transportation problems if you have made a detailed visitation and transportation plan.

What Does a Typical Transportation Plan Look Like?

The common elements in most transportation schedules include:

  • Pick-up and Drop-off location. Most visitation exchanges happen at the other parent’s residence. For parents with poor relationships, a custody plan may set a different location for pick-ups and drop-offs. It is not uncommon for a visitation plan to require pick-ups and drop-offs at a park, at the child’s school, a fast food restaurant, or some public area.

  • Timing. Each parent should commit to being on time. Your visitation order should say when a parent should pick up the child and when the child will be returned. Your order can also allow for a maximum wait period. For example, a transportation order can require a parent to wait thirty (30) minutes for the other parent to show up. The visitation is forfeited if the parent does not show up within thirty (30) minutes.
  • Out-of-town visits or out-of-state transportation. When parents live out of town or out of state, it is critical to specify which parent is responsible for transportation costs, logistics, and timing of all visits. Your order should also address whether children can travel alone at a certain age and whether they should travel by plane, train, or car to visit an out-of-state parent.

Including a plan for getting your child from one parent to the other is essential. If you and your ex-spouse work out transportation issues and expenses in advance, it will decrease stress and reduce the odds of you having to return to court to modify the custody plan.

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Tim

Tim McDuffey is a practicing attorney in the State of Missouri. Tim is a licensed member of the Missouri Bar and Missouri Bar Association.

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