Kevin Craig Massaro’s Answers

Kevin Craig Massaro

Denver Divorce / Separation Lawyer.

Contributor Level 3
  1. Do I just need to file a judgment with the court to be able to pursue past due support?

    Answered about 2 years ago.

    1. Christopher Daniel Leroi
    2. Kevin Craig Massaro
    3. David M. Rich
    3 lawyer answers

    By reducing the arrearage to a judgment, a good collection attorney then has many options to collect for you. You can't create a wage assignment to SSI benefits as you can to his paycheck. You may also wish to consider a contempt action, as the threat of jail does make many more willing to pay. Good luck.

    5 lawyers agreed with this answer

  2. What happens if a custody mediation fails?

    Answered about 2 years ago.

    1. Christopher Daniel Leroi
    2. David M. Rich
    3. David Littman
    4. Glen B Goldman
    5. Kevin Craig Massaro
    5 lawyer answers

    Sometimes, yes, people do want more parenting time to lower their child support. Sometimes, it's because they do wish to be more involved as parents. Parental roles change after a divorce. He currently gets 104 nights per year, so that suggests that he's not a danger to the child. You haven't indicated if his getting more parenting time is even practical, or whether it would somehow be harmful to the child, so, as my friend David Littman has indicated, you really need a lawyer's advice, at...

    4 lawyers agreed with this answer

  3. What can I do if I want to move out of state with my son if I have split custody?

    Answered about 2 years ago.

    1. Kevin Craig Massaro
    2. David Littman
    3. Douglas A Thomas
    3 lawyer answers

    Relocating is a major concern to the courts. CRS 14-10-129 controls relocations cases, which require a hearing to balance the competing interests, with the presumption that the move will happen. The best analogy I can give you for relocation hearings is going "all-in" in Texas hold-em poker. You either win big or lose big, because the child is not going to be living halfway between the two homes. Otherwise, notifying the father of travel out of state, for short periods, is just common...

    2 lawyers agreed with this answer

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  4. WHAT IF I CAN'T AFFORD EVEN THE MINIMUM CHILD SUPPORT AMOUNT SUGGESTED BY THE STATE? DOES THE STATE OF CO TAKE THIS INTO ACCOUNT

    Answered almost 2 years ago.

    1. Karl J Geil
    2. Kevin Craig Massaro
    2 lawyer answers

    In today's economy, we see a lot of problems like yours. Many people are willing to work, but unable to find suitable work. First of all, you are not necessarily stuck with the $335 per month. You should see what went in to that calculation, and challenge it in court if necessary. It's not clear whether day care, imputed income to you or some other factor may be contributing to the child support number. The courts are sympathetic to people who can't find work, as there are plenty of...

    2 lawyers agreed with this answer

  5. What can be brought up in a custody mediation?

    Answered about 2 years ago.

    1. James C Underhill Jr.
    2. David Littman
    3. Kevin Craig Massaro
    4. Sheadyn Reaves Rogers
    4 lawyer answers

    Mediation is certainly an appropriate place to bring out your concerns. However, there is case law out there, in re Parr-Lyman, that suggests that drug use, by itself, is not endangerment. But it certainly comes into a best interes decision. And his fiancee on probation, is undoubtedly on random testing. Your case is complex, and really needs a sitdown session with a good attorney.

    2 lawyers agreed with this answer

  6. Full custody of child in a Dissolution of marriage.. How to get visitation rights?

    Answered about 2 years ago.

    1. Stephen Clark Harkess
    2. Kevin Craig Massaro
    3. David Littman
    3 lawyer answers

    The good thing about family law is that you can recover from most mistakes. It sounds like you were served in March, and essentially did nothing except show up for the dissolution hearing, and the judge didn't let you do much. If you didn't even provide finanicals, that would not be surprising. But I'm concerned about why you got "no visitation rights" under these facts, since that is confusing to me. You would be paying child support per the formula, and given the age of your child, I...

    2 lawyers agreed with this answer