Questions Answered by Gary William Boyle

Q: GAL board?

1 Answer | Asked in Family Law and Child Custody for New Mexico on
Answered on Sep 21, 2018
Gary William Boyle's answer
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.

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

1 Answer | Asked in Family Law for New Mexico on
Answered on Sep 7, 2018
Gary William Boyle's answer
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 20% and more than one year has passed since the Court last entered an order establishing child support. Note that the 20% applies to the amount of support rather than to the amount of either party's...

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

1 Answer | Asked in Child Custody and Family Law for Texas on
Answered on Aug 8, 2017
Gary William Boyle's answer
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 is a very complicated area of the law. You should retain qualified counsel to represent you in any hearings.

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

1 Answer | Asked in Child Custody, Child Support and Family Law for New Mexico on
Answered on Aug 3, 2017
Gary William Boyle's answer
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.

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

1 Answer | Asked in Child Custody, Child Support and Family Law for New Mexico on
Answered on May 21, 2017
Gary William Boyle's answer
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 generated by the statutes. The Court will award past child support as well.

If either party asks the Court to get involved in custody issues, the Court's job would be to determine what custody...

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

1 Answer | Asked in Family Law for New Mexico on
Answered on May 15, 2017
Gary William Boyle's answer
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 provide the Court with the facts that the Court would require to determine child support. That would include both parties' incomes and the amount of any of the child's special expenses that are...

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

1 Answer | Asked in Child Custody, Child Support and Family Law for New Mexico on
Answered on May 11, 2017
Gary William Boyle's answer
I strongly recommend that you retain qualified counsel.

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

2 Answers | Asked in Mergers & Acquisitions for New Mexico on
Answered on May 5, 2017
Gary William Boyle's answer
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 you please. Of course, there are many other considerations to take into account when deciding whether to purchase stock or assets.

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

1 Answer | Asked in Civil Litigation for New Mexico on
Answered on Apr 28, 2017
Gary William Boyle's answer
No. To represent someone in Court you have to be licensed as an attorney.

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

1 Answer | Asked in Family Law for New Mexico on
Answered on Apr 28, 2017
Gary William Boyle's answer
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.

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

1 Answer | Asked in Family Law for New Mexico on
Answered on Apr 28, 2017
Gary William Boyle's answer
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 directly or can even award a lump sum in lieu of future payments if the Court believes that is equitable.

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

1 Answer | Asked in Child Custody, Child Support and Family Law for New Mexico on
Answered on Apr 28, 2017
Gary William Boyle's answer
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.

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

1 Answer | Asked in Family Law for New Mexico on
Answered on Apr 28, 2017
Gary William Boyle's answer
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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