What to do if my divorce degree states that I must pay 40% of the cost of the airfare for my daughter to go visit her dad but I can’t afford to?

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What to do if my divorce degree states that I must pay 40% of the cost of the airfare for my daughter to go visit her dad but I can’t afford to?

She is supposed to go there (out of state) for Christmas break. However, as a single mom earning $11 an hour (my daughter receives $690 a month from social security because her father is disabled), it’s difficult to find the money to send her. He is saying that if I do not pay my percentage I will be in contempt of court and he can get custody of my daughter. I feel that providing food, clothing and shelter is more important than airfare. What are my legal rights and can he take her?

Asked on November 20, 2012 under Family Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I suggest that you be up front with your "ex" about your inability to pay the full amount of the air fare per the 40% amount that you are under orders to pay and pay what amount that you can presently. State in a letter that you will make up the difference later on with the reasons you have stated in your question above.


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