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Questions Answered by Gary William Boyle

2 Answers | Asked in Family Law and Divorce for New Mexico on

Q: I am married contemplating divorce. What are my rights as far as receiving any pension, social security benefits, etc.

My husband lives and works in Germany where he has been for the last 10+ years. I lived in our home in Austin, Texas up until June 2017 when I moved to Santa Fe. We still own the home in Austin, with tenants. We have one grown child.

We are trying to figure out how best to divide... Read more »

Gary William Boyle answered on May 22, 2019

The answer to your question will depend on counsel gaining a thorough understanding of all of the complicated facts associated with your situation. There are, however, some general concepts that may be helpful.

1. All of the assets you acquired during the marriage (except those acquired...
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1 Answer | Asked in Family Law and Child Custody for New Mexico on

Q: GAL board?

How do your turn in or file a complaint about guardian ad litem in New Mexico for wrong doing and not representing the best interest of a child. A GAL who is being intimidated by one parent and wants them off their back? Is there a board they have to answer to?

Gary William Boyle answered on Sep 21, 2018

If you have issues with a Guardian ad Litem, you should raise them with the Court that appointed the GAL. You can do this by filing a motion with the Court.

1 Answer | Asked in Family Law for New Mexico on

Q: What is the 20 percent increase rule and if they make a under 20 percent raise is it ordered to be adjusted.

If its a 18 percent raise when will it be calculated into support if at all?

Gary William Boyle answered on Sep 7, 2018

I assume you are referring to rules regarding modification of child support. Child support can be modified when a party can demonstrate a significant change in circumstances. The statutes provide that there is a significant change in circumstances when the amount of child support has changed by... Read more »

1 Answer | Asked in Child Custody and Family Law for Texas on

Q: Can a tx court keep me from my kids if i have court ordered joint legal custody in NM

Ex's wife put a restraining order against me in tx stating i cant even go to my kids schools they all live in NM and i have joint legal custody thru NM courts i have court on the 14th need legal help or advise please i just beat a case recently in nm falsly accused of something i didnt do by my ex... Read more »

Gary William Boyle answered on Aug 8, 2017

If the New Mexico Court had jurisdiction to issue a custody order in the past and at least one of the parents or the children continues to live in New Mexico, the New Mexico Court rather than a Texas Court would have continuing jurisdiction to modify that custody order. Child custody jurisdiction... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for New Mexico on

Q: my visitation was set 4 years ago when my child was an infant. how do i go about revising my visitation schedule?

i am paying child support and have been since april. his mother and i were together at the time and we saw eachother frequently. now that were not together any more she is only allowing me to see my son for 3 hours 3 days out of the month like the court order says, but was set in my absence as i... Read more »

Gary William Boyle answered on Aug 3, 2017

To change the terms on which you can see your son, you will have to file a motion to modify custody with the Court. You should describe in the motion what circumstances have changed. The Court may hear your motion or refer you for other services first.

1 Answer | Asked in Child Custody, Child Support and Family Law for New Mexico on

Q: Single working mom for 8 years. Biological dad never paid any child support threatens to take child away.

The biological father of my stepson who has never once paid for any of his living expenses is threatening to take his mother to court and get custody of our son. She has always tried to be civil and never kept pour son away from him or his side of the family but since I've come along he (biological... Read more »

Gary William Boyle answered on May 21, 2017

The issues of child support and physical custody are separate issues. The child's father has an obligation to provide support for the child. The child's mother can go to court and request child support any time. The Court will award child support based on the parents' income and the worksheet... Read more »

1 Answer | Asked in Family Law for New Mexico on

Q: How do I stop perusing child support? We have came to an agreement on the issue, it hasnt gone to court. Thanks Jennifer

Gary William Boyle answered on May 15, 2017

You should get the Court's approval before you change child support payments. If you agree on the new child support amount, you can submit a stipulated order to the Court. You will both need to sign the stipulated order and the order should provide for the new child support amount and should... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for New Mexico on

Q: My kids dad is trying to get Custody of my 6 kids to were I only have visiting rights to my kids..

He recently made a report on me through cyfd.. I'm not an unfit parent I had my kids since the day they where born.. my problem is stress cause the father has not help raise or support our kids. I been raising and supporting them on my own for two years.. he's been out of jail for 8 or so months... Read more »

Gary William Boyle answered on May 11, 2017

I strongly recommend that you retain qualified counsel.

2 Answers | Asked in Mergers & Acquisitions for New Mexico on

Q: If you acquire a company are you required to honor all of the current owner's existing vendor contracts?

Gary William Boyle answered on May 5, 2017

If you buy the stock of the company, the vendor contracts will continue to be contracts of the company you purchased and will be in force according to their terms. If you buy the assets of the company, the vendor contracts will remain with the seller and you would be free to deal with vendors as... Read more »

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1 Answer | Asked in Civil Litigation for New Mexico on

Q: Does new mexico allow a non lawyer to assume next friend status and assist an ill, pro se litigant in civil court?

Gary William Boyle answered on Apr 28, 2017

No. To represent someone in Court you have to be licensed as an attorney.

1 Answer | Asked in Family Law for New Mexico on

Q: Hello, my wife left with my children and is refusing to allow visitation. What are my rights currently in New Mexico?

My wife of 18 years and I have been quarelling for sometime. She has taken the children to their grandmother's house and will not allow me to see them. It has been 5 days now.

Gary William Boyle answered on Apr 28, 2017

You would have to file a divorce action and ask the Court to allow you time with the children. If the Court issues an order regarding visitation, both of you would have to obey the order or risk being punished by the Court.

1 Answer | Asked in Family Law for New Mexico on

Q: If I am married for 9.5 yrs am I entitled to half of my spouses military retirement

Gary William Boyle answered on Apr 28, 2017

No. You would be entitled to 23.75% of your spouse's post-retirement military pay assuming that your spouse retires after exactly 20 years of service. The government will not pay your portion directly to you unless you are married for 10 years but the Court can direct that your spouse pay you... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for New Mexico on

Q: Hi my question is: How do I go about having custody of my son 50/50?

My sons mother has full custody and I want to know how to get him 50/50. We already went to court and all she requested was money. She doesn't want him to have my last name and she said I have never given her money since he was born. She was 14 and I was 16 when we had him. We lived with my parents... Read more »

Gary William Boyle answered on Apr 28, 2017

You would have to file a motion with the Court asking the Court to award you time with your child. The Court will take into account everything that is relevant.

1 Answer | Asked in Family Law for New Mexico on

Q: What does "...the other parent shall cooperate in obtaining the same" mean? (see more information) Thank you!

Our stipulating order has a paragraph that states "If either parent requests a passport for the minor child, the other parent shall cooperate in obtaining the same." What does this mean? Specifically the words "obtaining the same". I want to give the other parent the paperwork for them to fill out... Read more »

Gary William Boyle answered on Apr 28, 2017

The statement means that the other parent would be obliged to cooperate in filling out the paperwork. It does not say anything about who would keep possession of the passport. That would have to be determined by the Court.

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