Q. A few years ago when we got divorced, my ex was allowed to move to Michigan with our four kids. The judge ordered me to pay child support, but cut the amount by about a third to account for my travel costs. I go visit my kids every month for a long weekend and have to pay for my flight, hotel and rental car. The judge ordered us to each pay for the expenses we sign the kids up for. I have the kids all summer so in order to be able to work, I have to sign them up for day camps all but two weeks of the summer when I can take vacation. This generally costs me around $12,000 per summer.

In an effort to get closer to my kids, I asked for a transfer and in the fall was offered a position in my company’s Albany office.  I took it because it is a bit closer.

I just got served with a modification complaint. My ex is asking the judge to order me to pay more child support and to equally share in the expenses. I don’t understand why she would be entitled to more support – I still travel every month and my travel expenses have only gone up.  How should I handle this?

A. She cannot make you go back to Massachusetts to litigate this. You can object to the case going forward because you no longer live in Boston and ask the judge to dismiss the case. She would then have the option of filing the action in New York, serving you properly and looking for the increase and allocation of the kids’ expenses in a new forum.

You should consult a New York attorney to see how this would likely play out in Albany before making your decision. If the judge who initially heard your case and made the decision is still sitting in the same court and would hear your case again, there may be some value in not objecting to jurisdiction and re-appearing before that judge.

As for sharing expenses, regardless of where you end up litigating this, you should ask for documentation of her expenses for the children in discovery. See how they compare to yours. If she is spending more than $12,000 per year, you should argue that there is no change and the judge didn’t originally order it so there is no reason to order it now.  On the other hand, if she is spending less than $12,000, you can agree to equally share expenses provided it is all expenses including your summer camp fees in a classic case of be careful what you wish for.

Email questions to whickey@brickjones.com