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Stephen Clark Harkess

Stephen Harkess’s Answers

7,160 total


  • Is a legal separation a better option for my circumstances?

    I have recently been able to prove that my husband has been cheating on me off and on for about five years and has been using the money from our bank accounts to pay for escort services. I am currently unemployed and he is the sole provider. I hav...

    Stephen’s Answer

    Your right to support from your husband and an equitable division of marital assets, including your home, are the same in a legal separation as in a divorce.

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  • How is overtime determined as Mandatory?

    We are modifying CS and my ex works for a garbage company. He is required to work until his route is finished regardless of the time that takes and on average he works 12 hours of OT every week equal to about $290 extra each week . He just turned ...

    Stephen’s Answer

    That is an argument you (or better, your attorney) will make to the judge. Ultimately, it will be up to the judge to determine whether the overtime pay should be part of the child support calculation.

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  • I bought my ex husband a car and put it under his name because I didn't have a license at the time.

    I paid $1500 on a car and $1800 on a motorcycle for our family. It's under my ex husband's name because at the time I didn't have my license. Is there any legal advice to either get my money back or the car?

    Stephen’s Answer

    If the property was purchased during the marriage it should have been addressed during your divorce. If it was not, then you are probably out of luck. If it was purchased during the marriage then it doesn't matter who paid or whose name is on the car. The property is marital property and will be divided by the divorce court.

    If this was something that you did after your divorce then your issue is one of contract. You will have to try to figure out how you will prove in a court of law what your agreement was with respect to the car. If you did things correctly, you should have put together a written agreement so that everything was clear and there were no misunderstandings. If you failed to do that then you created quite a mess for yourself.

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  • Is it possible to sue a neighbor for 4 years of harassment and I believe possible discrimination.

    I believe she has violated my civil rights with the aforementioned harassment. I'm a renter and she is a home owner we share a common wall. Recently a judge granted me a permanent protection order against her. I have decided to move and would not...

    Stephen’s Answer

    Your belief is incorrect. Your neighbor, unless she is a government entity, cannot violate your civil rights. Outside of certain business contexts (employment and landlords in particular) individuals are free to discriminate on whatever basis they wish and associate with whomever they wish. You have no civil rights claim. Your claim, if you have one, would lie in tort.

    You can sue anyone for anything at any time. However, before you proceed you will need to carefully examine what you can prove, what damages you can connect directly to the neighbor's conduct, and what your likelihood is of actually collecting anything from this woman even if you win. Litigation is not a fun process and it is often rather expensive to pursue.

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  • Can I be arrested for an old unpaid debt

    I was just contacted by an firm stating they were suing me for 12000 dollars for a car that was reposed in 2007. and if I did not pay them they would have me arrested. they also called me on my cell phone with out permission. what actions can/sh...

    Stephen’s Answer

    A threat to have you arrested for failure to pay a debt is illegal if the caller is a third party debt collector. You could sue for violation of the Fair Debt Collection Practices Act and may be entitled to $1,000 in statutory damages plus attorney fees and costs. The problem is that the type of debt collector that pursues 8 year old debt and threatens to have people arrested is usually rather unstable and difficult to collect from. For that reason, your best bet is usually to ignore the calls and wait until you actually see court papers (that likely will never materialize).

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  • Am I in the clear??? Charges not filed, protection order cancelled, case closed but 2nd advisement hearing has not been vacated

    I was arrested and bonded out of jail. Charges showed 2 counts of inv hold possession with intent to distribute sch 2. And inv hold child abuse . House was raided guy staying in other room had large amounts of drugs in room. Nothing found in my r...

    Stephen’s Answer

    There is no way for anyone online to answer your question. Only law enforcement officers know if you are still a target of a criminal investigation. Keep your fingers crossed and keep contact information for a lawyer and a bail bondsman handy.

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  • Grandparent rights when maternal parent alive and has never lost any rights?

    If you have a child who stays with her grandparents and should be living at home with her mother can grandmother try to get custody if there is no reason for the mother to lose her rights.

    Stephen’s Answer

    If the child has been living with grandma for six months, then grandma has standing to seek custody of the child. This does not mean the termination of the mother's parental rights, but it does give grandma rights of her own.

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  • How do i begin Discovery on a wrongful death lawsuit?

    911 dispatched to wrong address 3 hours AFTER the initial call.

    Stephen’s Answer

    If you are serious about pursuing a claim, your first step is to schedule a consultation with an attorney. If the 911 dispatcher is a government employee, then you have governmental immunity hurdles to cross (including strict deadlines for proper demands) before you have a claim to pursue. This is not a DIY project. If you do it wrong, you will lose your case.

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