Gary William Boyle

Gary William Boyle

EnergyComNetwork, Inc.
  • Family Law, Business Law, Appeals & Appellate...
  • New Mexico, Oklahoma, Texas
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Claimed Lawyer ProfileQ&A
Summary

Mr. Boyle bring 35 years of experience to diverse civil litigation with a focus on high-conflict domestic cases including divorce, child custody, child support, and related issues. Mr. Boyle also acts as the virtual general counsel for several small and start-up companies and is well positioned to provide comprehensive general counsel services from corporate formation through contracts and transactions to mergers and acquisitions.

Practice Areas
  • Family Law
  • Business Law
  • Appeals & Appellate
  • Energy, Oil & Gas Law
Additional Practice Area
  • Litigation
Jurisdictions Admitted to Practice
New Mexico
Oklahoma
Texas
10th Circuit
D.C. Circuit
U.S. Supreme Court
Education
University Of Tulsa
Doctor of Jurisprudence/Juris Doctor (J.D.)
Professional Associations
Texas State Bar # 24039823
Member
- Current
Publications
Articles & Publications
Ethics and the Ruls of Evidence
National Business Institute
Hearsay Objections and Exceptions
National Business Institute
Effectively Arguing Contempt Issues
National Business Institute
How to Get Your Social Media Evidence Admitted
National Business Institute
Creative Case Themes: Strategies of Seasoned Litigators
National Business Institute
How to Get your Evidence Admitted (and Keep Theirs Out)
National Business Institute
The Art of Civil Trial Objections and Responses
National Business Institute
Key Issues Impacting Entity Selection
National Business Institute
LLC Workshop Ethics
National Business Institute
Websites & Blogs
Website
Boyle Law Office
Legal Answers
14 Questions Answered

Q. I am married contemplating divorce. What are my rights as far as receiving any pension, social security benefits, etc.
A: 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 by gift or inheritance) are community property which, if a Court gets involved, will be divided equally as much as possible. This means that the equity in your real property in Texas would be divided equally as would the value of any retirement assets that either of you own at least to the extent they were acquired during the marriage. The same would be true for bank accounts, brokerage accounts, real property owned in other places, and everything else that you acquired during your marriage. 2. If you have any debts acquired during the marriage, they would have to be allocated equally to the parties as well. 3. As you divide up your assets, it is impossible to divide everything exactly in half so the law would try to make sure that when you take account of everything that you have divided and the total value that each party receives, you are each receiving total value that is as close to equal as possible. Here is how that might work in simple real world example. Suppose that your house in Austin is worth $500,000 and has $400,000 of debt associated with it. Suppose also that your husband has a pension plan that is worth $200,000 and that is all of the assets and debts that you acquired during the marriage. You would each be entitled to $150,000 at the end of the day. As one example of a resolution, you could agree that you would keep the house and be responsible for the debt and that you would get $50,000 from the pension assets and your husband would retain the remainder of the pension assets. Of course, the actual agreement has infinite possibilities and the calculation would be much more complicated with additional assets. 4. Depending on the length of the marriage and your relative earning capacities, health, age, and other factors, one of you might be eligible to receive spousal support from the other. There are many possibilities with respect to the form that spousal support can take, if the parties meet the guidelines established in the law. These include a lump sum payment, a payment of a fixed amount over time with or without interest, periodic payments over a fixed period or over an unlimited period, and others. You would need to consult counsel to understand eligibility guidelines and the many forms of spousal support. If you do not provide for spousal support during the divorce, you may not be eligible to ask for support in the future. 5. It would absolutely be in your best interests to reach an agreement on the division of your debts and assets before getting the Court involved. You will save a great deal in fees and even more in emotional capital because the case will only be pending for a very short period of time. Competent counsel can assist in that effort. I would recommend that you engage counsel to deal with the specifics of your case.
Q. What is the 20 percent increase rule and if they make a under 20 percent raise is it ordered to be adjusted.
A: 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 income and would take into account other changes in the inputs to the child support worksheets. A party can argue that there is a significant change in circumstances even if the change results in less than a 20% change in the child support obligation.
Q. GAL board?
A: 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. Can a tx court keep me from my kids if i have court ordered joint legal custody in NM
A: 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?
A: 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.
A: 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 arrangements are in the best interest of the child based on a long list of factors and any other relevant circumstances. The Court would determine physical custody which deals with how much time the child spends with each parent and under what conditions. The Court would also determine legal custody which deals with how the parents make life decisions for the child on issues like medical care, education, religion, etc. It is not reasonable to expect that either parent would be able to "take away" custody from the other. It is much more likely that each parent would have a role in decision making for the child and each parent would have meaningful and regular contact with the child. The precise outcome, of course, depends on all of the facts and circumstances. The process takes time. I would recommend that the child's mother retain qualified counsel so that a more specific plan can be created based on all of the relevant considerations.
Q. How do I stop perusing child support? We have came to an agreement on the issue, it hasnt gone to court. Thanks Jennifer
A: 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 authorized for consideration in the child support worksheets. It would also be best to include a child support worksheet. If the amount on which you have agreed is the same amount that appears on the worksheet, you should say so in the stipulated order. If the amounts are not the same, you should include a good reason for the difference between the worksheet and the amount on which you have agreed.
Q. My kids dad is trying to get Custody of my 6 kids to were I only have visiting rights to my kids..
A: 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?
A: 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.
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15 Spirit Court
Santa Fe, NM 87506
USA
Telephone: (505) 989-5057