Questions Answered by Robert Guillory Esq

Q: I am currently going through court for child support. Just looking for advice about parental rights.

1 Answer | Asked in Child Support and Family Law for Maine on
Answered on Nov 29, 2018
Robert Guillory Esq's answer
If you are just going for child support you will have to present some information to the court as to what his income is and what your income is. they will also need to know cost of daycare if any, cost of insurance for the child/children only, and if there are any extraordinary medical expenses for the child. With all of that information the court will calculate what the child support will be. if you dont know how much he makes it would help if you at least knew what he does for work.

Q: I have a custody and child support agreement made 3 years ago in Massachusetts. Can I file for a child support increase?

1 Answer | Asked in Family Law, Child Custody and Child Support for Maine on
Answered on Nov 26, 2018
Robert Guillory Esq's answer
The first thing you should do is consult with an attorney in Massachusetts. i dont know Massachusetts law but in Maine people cannot agree to modify child support on their own, it must be done by court order signed by a judge. if you have a court order that says the support drops if you move to Maine then that is what it is. if the court order does not say that then he probably owes you whatever the court order said. Either way you can move to modify the court order in Maine since you have been...

Q: Can the court request documents on behalf of one of the parties of divorce without going back to court?

1 Answer | Asked in Divorce for Maine on
Answered on Nov 2, 2018
Robert Guillory Esq's answer
i would love to answer this question but it is really vague. i dont usually hear a court "requesting" any thing. Courts usuallly issue orders which are not requests. if you can explain in more detail what is happening then i might be able to give you a better answer.

Q: What are my options if I'm taken to court for back child support after 11 years

2 Answers | Asked in Family Law and Child Support for Maine on
Answered on Jul 31, 2018
Robert Guillory Esq's answer
she is not entitled to back child support for the second child. First she has to prove it is your child. if she wanted support she should have filed a petition for determination of parental rights to have you determined as the father.

Q: Can my Dad's astranged wife kick me out? Or take control of my dads estate?

1 Answer | Asked in Estate Planning and Probate for Maine on
Answered on May 24, 2018
Robert Guillory Esq's answer
First you need to see if he left a will. if so did he name a personal representative, if he did it was probably his wife unless he changed his will after filing for divorce. Second you need to check how the real estate was held ie joint tenants or tenants in common. If joint tenants as most people do then she owns the entire amount of the real estate and can evict you thorugh the court. If it was not joint tenants then you may be part owner and she may not be able to use the eviction process....

Q: DHHS became involved due to my bf's criminal record. He has nothing against children. My son is 11 has been with me all

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Maine on
Answered on Apr 9, 2018
Robert Guillory Esq's answer
you can file a motion to modify the order giving the father sole parental rights to change the contact provisions and primary residence etc. you will have to show something has changed since the order giving sole rights to dad. That would be your son's reaction to living with his dad. Of course if yoiu do this dhhs may become involved again.

Q: I am paying a% alimony. The decree states that I pay until she remarries or is 67. I want to retire at 62she will be 60

1 Answer | Asked in Divorce for Maine on
Answered on Apr 9, 2018
Robert Guillory Esq's answer
It is hard to tell you exactly what your options are without seeing the divorce judgment but generally spousal support awards can be modified if there has been a substantial change of circumstances. if you elect to retire and that decision is reasonable, especially if you have health problems or have trouble doing the same job, then you can file a motion to modify the divorce judgment to either lower or eliminate the spousal support award. The court will look at your current income including...

Q: I have a business in Maine (LLC-I'm the sole owner). I'm going to divorce my spouse. What can happen to the business?

1 Answer | Asked in Divorce for Maine on
Answered on Aug 22, 2013
Robert Guillory Esq's answer
A lot CAN happen to the business. The better question is what will likely happen to the business. In Maine the court must divide the marital property equitably, note not necessarily equally. The first question is whether or not the LLC is marital property. If you became owner during the marriage then it is presumed to be marital property subject to division by the court. If it is they type of business that really would have no value if you were not a part of it, ie a personal service type...

Q: Is there a difference between a Divorce Decree and a Divorce Judgement? In the state of Maine.

1 Answer | Asked in Divorce for Maine on
Answered on Aug 22, 2013
Robert Guillory Esq's answer
In Maine they are called Divorce Judgments. In some states they document granting the divorce is called a decree. They essentially do the same thing.

Q: If a couple divorce in maine does their property automatically became a 50/50 split?

1 Answer | Asked in Divorce for Maine on
Answered on May 9, 2013
Robert Guillory Esq's answer
No nothing is automatic. The court will divide the marital property equitably. Keep in mind that marital property usually but not always means property acquired during the term of the marriage.

Q: I WANT TO KNOW HOW I CAN GET VISITATION RIGHTS OR GRANDPARENT RIGHTS, HERE IN THE STATE OF MAINE?

1 Answer | Asked in Family Law for Maine on
Answered on May 9, 2013
Robert Guillory Esq's answer
To get these rights in Maine is almost impossible. You would have to show the Court that at some point in the child's life you were essentially acting as the child's parent with the consent of the biological parents. You have to prove you were in the position of being a "de facto" parent and that now your contact has been cut off and that it would be in the best interest of the child for you to have contact. In Maine parent's rights are protected and it is presumed that they know what's best...

Q: In Maine, if my ex loses her job, will my child support increase?

1 Answer | Asked in Divorce for Maine on
Answered on May 9, 2013
Robert Guillory Esq's answer
It might and it might not. If she isn't working then she won't need daycare so this could make your support go down. Your support will not change until someone files a motion to modify it based on a change in circumstances. You can log on to the Pine Tree Legal website and use their child support worksheet to run numbers to figure what the new support number might be by plugging in your income, hers and the daycare and health insurance numbers. Remember any agreement you two might come to is...

Q: My wife hasn't worked since we got married, I sent her to school, nw she filed for divorce, do i have to pay alimony?

2 Answers | Asked in Divorce for Georgia on
Answered on Apr 11, 2013
Robert Guillory Esq's answer
Asking for and getting are two different things. First it depends what state you are in. Most lawyers give a free consultation. Call a couple and find one you feel comfortable with.

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