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Stephen Clark Harkess

Stephen Harkess’s Answers

7,116 total


  • Am i married if my ex never took our license back in to get filed?

    We signed the document in the living room of my house with no wittiness and then he went to jail and I ended things with him. I went to check to see if it had been filed and nothing appeared and I just want to see if I am legally married to him be...

    Stephen’s Answer

    If you signed the paperwork and thereafter lived together (even for a night) then you are married and you will need to get divorced before you can safely get married again.

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  • Is Grandparent's rights recognized in Colorado for IRS Taxes?

    Are grandparents allowed to claimed our kids at any time they wanted on IRS Tax Returns, even although we didn't live with them more than 6 months. The parents paid for bills, rents, and groceries, whatever our children needs. We have not lived w...

    Stephen’s Answer

    Your post is unclear. Unless the grandparents provided more than 50% of the support for the children, then they are not entitled to claim them on their tax return. If the grandparents were providing support for the children, they they may be entitled to claim them as dependents.

    You need to talk this over with a good CPA and challenge the grandparents' claim if it isn't appropriate. Only one of you can claim the children, but it should be the person who is providing financial support for the children.

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  • Can I claim common law marriage in court and fight in court for property obtained while living with him?

    I recently found out my "husband" got legally married to another girl so he could get a green card. Him and I are still living together, we have been living together for 10 years, we have 2 kids. He never wanted to put my name in anything, propert...

    Stephen’s Answer

    The question is why you believe his is your husband. When two people live together they are usually considered roommates or - at best - boyfriend and girlfriend. To establish a common law marriage you have to establish that he actually agreed to be married to you. Did he introduce you to other people as his wife? Did you file taxes as married? Did you do anything else that is inconsistent with being single and would help you establish that you were actually married and not just living together for a long time.

    Common law marriage is simply a way of getting married without a formal license. You have to prove that you and he actually agreed to be married and held yourself out to others as married. If you can do that, then you have the same rights and responsibilities as any other spouse. However, you need more than just living together and having children.

    As for his children, he is responsible for their support whether you were married or not.

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  • Under what circumstances might a "hearing on advisement" take place in a divorce/custody case?

    I can only imagine that it is specifically related to custody as both parties to the divorce (mom and dad) lost custody of the one child in question. The next appearance on the register of actions is "hearing on citation"

    Stephen’s Answer

    It sounds like a contempt citation. There is an accusation by one party that the other is not following court orders.

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  • How do I get my business owner to speak to me.

    I bought into a company as an angel investor 18 months ago. I invested 15,000 as my initial investment. We had it set up to where I get paid 100% before he gets anything and then we split it 50/50. I got my first disbursement in august for 7,500.0...

    Stephen’s Answer

    If he is avoiding your calls it may be time for you to have an attorney write him a letter. It sounds like you got yourself into a really bad deal, but it still might be possible to salvage something.

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  • In Colorado, if a claim is dismissed iwth prejudice in federal court due to statute of limitations

    could the same claim be brought up in another state's federal court? Or would res judicata apply? Thanks.

    Stephen’s Answer

    Yes, res judicata would apply to the dismissal of a claim with prejudice. More importantly, as Mr. Berkus notes, since clocks don't run backward, the statute of limitation would still have run on the claim and this would make the case subject to dismissal in any court in which the claim was pursued in the future.

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  • What are my options with my ex ' s lawyer and mediation for child support modification?

    I filed to have child support modified as there have been many changes by both parties within the last few months. My ex retained a lawyer which I cannot afford to do. We were ordered to attempt mediation that I was told I am responsible to schedu...

    Stephen’s Answer

    If you have not retained a lawyer to represent you, then YOU are the lawyer. You are responsible to do everything that any other lawyer would do. This includes working with opposing counsel to agree on a mediator.

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  • Can a dealership change the bank your auto loan is going through after you sign the contract?

    bank A: bank I've previously had a auto loan through bank B: bank I have a checking account at. I signed a RETAIL INSTALLMENT SALE CONTRACT that states "The contract will be assigned to: bank A". However, they instead put the loan und...

    Stephen’s Answer

    You have to read your contract very carefully, but usually the dealer has the right to obtain financing through any bank that will provide the terms and it is not uncommon for one bank to transfer the debt to another.

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  • Is it possible and worth it to sue someone who briefly stole and illegally flew a plane my mother owned?

    The plane in question belonged to my deceased father - my mother has since sold it. We have discovered through social media that my uncle took the plane without permission. We think he lied to the insurer to get him to ok insurance on the multiple...

    Stephen’s Answer

    It's possible to sue anyone for anything at any time. Is it worth it?

    You cannot recover for damages that "might have" happened. Your father's estate might be able to recover under a quantum meruit or unjust enrichment theory for the rental value of the plane. However, the cost and effort involved in pursuing the lawsuit and then pursuing collection of the judgment may exceed what you can actually recover. It really depends on how much effort your mother wants to put into making a point.

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  • My husband drained my bank account, took the car and left. Can I get maintenance from him? what is the average cost of a lawyer?

    I have been married for two years and my husband left me after we both had an affair. He drained all of my money from our account and packed up everything in our car and left to go back to New York. I had been following him around with his hockey ...

    Stephen’s Answer

    Whether you will be entitled to spousal support is primarily dependent on his earning capacity, your earning capacity, and the length of the marriage.

    You should sit down with a family law attorney. Most offer free initial consultations and you may be able to work out a payment plan. Additionally, if your husband makes significantly more money than you do, he may be ordered to pay your attorney fees.

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