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Kevin Craig Massaro

Kevin Massaro’s Answers

6 total

  • 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

    MY EX & I MADE OUR OWN CHILD SUPPORT AGREEMENT WHICH WAS ABOUT $120 A MO UNTIL I GET ON MY FEET. ITS ONLY BEEN 1 YEAR SINCE THEN. I LEFT THE MARRIAGE WITH NO INCOME OR ASSETS AND AM STARTING OVER AFTER THE DIVORCE. HE DECIDED NOT TO HONOR OUR AGR...

    Kevin’s Answer

    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 people in that boat.

    Paying less than the ordered amount toward the balance is a very poor choice. Child support arrears are assessed interest at 12% per year, compounded monthly, so any arrearage accrue interest rapidly. And there are many other problems with an arrearage. So, depending upon what the number is, by far, your best option is to pay it in full every month.

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  • Do I just need to file a judgment with the court to be able to pursue past due support?

    My ex husband owes me over 3 years of child support, no payment has been made. He is now receiving social security. Am I able to attach a judgment to his social security to be able to collect past due support? Thanks

    Kevin’s Answer

    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.

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  • What happens if a custody mediation fails?

    My son's dad wants 50/50 custody. Right now we have a parenting plan where he gets 104 overnights a year. He only wants to change it so he pays less shild support. We have a mediation on the 20th. If we cant agree and this goes to court who pays f...

    Kevin’s Answer

    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 the minimum. Good luck.

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  • What can be brought up in a custody mediation?

    My son's dad is asking for joint custody, just to lower his current child support that he is not even current on and owes 15k in arrears. I am worried that he is abusing and selling prescription drugs. He is already a convicted felon and his fianc...

    Kevin’s Answer

    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.

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

    I was served in march.. Did not attend court due to work and distance. My mistake and i am accountable. Was able to attend this past week for a dissolution of marriage. Went by myself (another mistake).. Judge did not want to hear me .. gave full...

    Kevin’s Answer

    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 would generally expect frequent time with the child, but of short duration.

    You defnitely need to sit down with a good lawyer immediately. Is an appeal an option? From the little information presented, I would say likely not. But there are likely other ways to gets this order more to your liking. Good luck.

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

    My divorce decree requires I inform my ex when I am taking my child out of state. How does this work? My son will be 13 years old by the time I move. Will the courts let him choose? Also, my ex refused to allow me to drop off our son to his home r...

    Kevin’s Answer

    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 courtesy written in the agreement.

    Certainly the fact that he's not paying maintenance or child support could hurt him at hearing, since it may mean that he's not thinking of his famly. It could also mean that he's unemployed, too. Or it could be important, but not the silver bullet that wins the hearing for you.

    You're in a very difficult case, and really need to sit down with a competent attorney to discuss the specific facts of your case. Good luck.

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