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

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
    Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
    Business Law
    Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
    Appeals & Appellate
    Civil Appeals, Federal Appeals
    Energy, Oil & Gas Law
Additional Practice Area
  • Litigation
Jurisdictions Admitted to Practice
New Mexico
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10th Circuit
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D.C. Circuit
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U.S. Supreme Court
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University Of Tulsa
Doctor of Jurisprudence/Juris Doctor (J.D.)
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Professional Associations
Texas State Bar  # 24039823
- Current
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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
Boyle Law Office
Legal Answers
15 Questions Answered
Q. Child support was modified and agreed upon in court a week ago after 9 years. He is now filing for primary custody.
A: You should probably retain qualified counsel experienced in custody disputes. Any decision the Court makes regarding time sharing at this point may be binding unless there is a material change in circumstances in the future. You will have a much better chance of protecting your child's interests in maintaining significant contact with you if you are represented by an attorney.
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.
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Contact & Map
15 Spirit Court
Santa Fe, NM 87506
Telephone: (505) 989-5057
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