Can You Get Reimbursement for Transportation Retroactively?
So, you’ve been doing most of the driving for visitations for quite some time, and your custody order or decree doesn’t have any provisions about transportation. Now you’re wondering—this has added up to a large expense over the years. Maybe you’ve done the majority, or even all, of the transportation for the past two or three years. I see this all the time.
You’re asking: can I go back and get reimbursed for all that mileage and driving? Hi, I’m Tulsa Dads.Law attorney Clint Hastings. I practice here in Tulsa, Oklahoma. I focus on fathers’ rights and have been practicing for about 25 years.
Reimbursement Possibilities
The answer, in most cases, is probably no. I would say it’s a hard no if you’re simply asking for reimbursement with no other context.
However, if your ex has filed an application for contempt against you for nonpayment of child support, then there may be arguments you can raise. Different attorneys may interpret the statutes differently, but there’s a possible argument that, as an equitable offset to the amount of child support you owe, the court should consider the transportation costs you’ve incurred. These can be substantial.
Considerations and Challenges
Currently, the government mileage reimbursement rate is $0.70 per mile. That figure accounts not just for gas, but also for wear and tear on your vehicle. So, if you’ve done a lot of driving—especially an hour or more per trip—it can add up quickly and might substantially offset the child support owed.
That said, I wouldn’t count on this strategy. First, it’s a debated issue and could depend heavily on the judge assigned to your case. Second, it’s very difficult to prove how much mileage you’ve incurred over several years. Most people don’t keep detailed records, receipts, or even a calendar showing every visitation exchange and who did the driving.
Get Legal Guidance Today
If you simply claim, “I did most of the driving,” and your ex disputes that, it becomes hard to prove. However, if your ex openly admits that you’ve handled the transportation for years, and agrees to the time, distance, and frequency, then you could make that argument—and you might succeed.
I hope this helps. It’s definitely a complex issue. If you’re dealing with this or any similar situation, give Tulsa visitation rights attorney Clint Hastings a call at 918-962-0900. We’ll be glad to help. Thanks.
