Skip to main content
Richard Andrew Harris

Richard Harris’s Answers

9 total

  • Want a divorce, but have no personal income, assets, retirement or savings. Now what?

    Richard’s Answer

    I am so sorry to hear about this situation. It must be incredibly stressful and scary. I would want to know more about the facts to answer definitively. But, in general, it is difficult in the State of Colorado to obtain an award of alimony, "called maintenance" under our laws, with a short-term marriage. However, Colorado does recognize common law marriage, and a good attorney will also look into whether you meet the criteria for that. Regardless, there are forms for you to file for divorce and ask a judge to waive the filing fee. If you can set up a hearing for "temporary orders", a judge can also award temporary financial support to help you.

    Best of luck to you.

    See question 
  • If my ex wife’s boyfriend moved into her house and contributes to their bills does that effect my child support?

    Richard’s Answer

    You should double-check the law in Montana. But, in general, if there is regular and consistent (reliable) income coming into the household, that may be considered income to your ex. In my home state of Colorado, it is possible that a judge would consider that. In my experience, though, it may be a tough fight that you have on your hands. You can assume that your ex will deny she is receiving the money, deny that it is consistent, or state that it is a temporary "gift". Best of luck to you sure. I wish that there was an easy answer to situations like these...

    See question 
  • Can my husband keep our whole stimulus check?

    Richard’s Answer

    While you need to double check the law in Wisconsin, generally any funds received during the course of the marriage are presumed to be "marital". That means that the funds can be divided by the court. In my home state of Colorado, marital property is divided on an "equitable" basis. That usually means equal, or something close to that.

    See question 
  • What can I do if my ex keeps canceling court-ordered life insurance with me as beneficiary?

    Richard’s Answer

    What a frustrating situation! In answer to your question - yes - it is possible that you could make a claim against his estate after he dies. But, I certainly wouldn't recommend waiting that long. Based on your description, I am assuming that your ex-husband is violating the permanent orders or separation agreement from your divorce or legal separation. You need to consult with a lawyer, but you may have grounds to file for contempt of court. If you win, a judge could order him to comply, reimburse you for your attorney's fees and fine or even jail him.

    In answer to your question about the life insurance company alerting you if he removes you as beneficiary, cancels or lets lapse the policy - you should certainly try. But, in most cases, they won't do that. Their client is your ex who presumably owns the policy. You definitely shouldn't count on this.

    See question 
  • What can i do in this situation ?

    Richard’s Answer

    This sounds like a terrible situation, ma'am. I would strongly recommend that you consider filing a report with your county department of human services. I am concerned that your child being a victim of neglect or even child abuse. This should be investigated immediately, in my opinion. If there is a finding of potential abuse or neglect, there could be criminal charges and there could be a "dependency and neglect" filing in the juvenile court (if there isn't already one out there).

    See question 
  • What do I do when 14 and 11 year old refuses to go to dads?

    Richard’s Answer

    It is so sad when there is dysfunction or conflict in a family home and kids are reluctant, or even afraid to go on court-ordered visits. I cannot even imagine the stress that must be causing you and, especially, your kids.

    In general, in the State of Colorado, parents have to do their best to abide by court orders on visitation (called "parenting time" in Colorado).

    It would be best if you would consult with a lawyer in your area to review your court orders and discuss your situation in more detail. In general, when a parenting time order is not working for whatever reason, you may have grounds to change it, and possibly quickly.

    Best of luck to you, ma'am!

    See question 
  • HHow do i get my name off car lease from my wife?

    Richard’s Answer

    It is a frustrating situation when you are separated and you can't figure out who pays what. You should probably talk to a family law attorney about getting a divorce or a legal separation. But, in general, in Colorado, a family law judge can't order a creditor to do anything. S/he can order one of the spouses to pay a debt. But, the only way to get a spouse totally free and clear on a debt is to get the creditor to take one's name off of the debt. Sometimes a court order helps.

    See question 
  • If I have sole legal custody of my children, do I have to share their grade information with their father?

    Richard’s Answer

    I am so sorry to hear of your circumstances. It is so sad when 1 parent doesn't make efforts to be a parent, whether in the form of paying court-ordered child support, or having their visits.

    You should consult with an attorney as to your specific circumstances. But, in general, there is no automatic duty in Colorado for 1 parent to share school information with another parent. If there is a court order on the subject, that is a different story, though.

    Many judges do, however, encourage that parents share this information. And, there are provisions in the Colorado laws that encourage each parent to share. So, again, do consult with a qualified lawyer and best of luck to you, ma'am.

    See question 
  • If my domestic violence charges are dropped after ARD program, will this have any effect on the divorce proceedings?

    Richard’s Answer

    I am so sorry to hear of your circumstances. Each state law is different when it comes to family law and you should definitely talk to someone in your own state and county. In general, however, when courts consider child custody, they look at "the best interests" of the children. In my State of Colorado, and many states across the country, judges are given a lot of leeway or "discretion" to consider any evidence that they think could impact the kids' best interests. Allegations of domestic violence could fall within this broad definition. Best of luck to you, ma'am, and do please be sure to get specific legal advice in your area.

    See question