Gary A. Hewetson’s Answers

Gary A. Hewetson

Clearwater Divorce / Separation Lawyer.

Contributor Level 3
  1. Is it true I can get alimony for the rest of my life from my soon to be ex husband??

    Answered almost 2 years ago.

    1. Gary A. Hewetson
    2. John Arthur Smitten
    3. Manuel Alzamora Juarez
    3 lawyer answers

    In order to properly answer your question I would strongly urge you to consult with counsel. The information that you have provided is insufficient with which to answer your question. You may certainly qualify for an award of Permanent Periodic Alimony, however, there is more involved than simply the length of your marriage. From what you report, it would appear that you would have a claim to the marital portion of his 401K, however, again, this is something that you should discuss with counsel....

    5 lawyers agreed with this answer

  2. Is it possible to modify your divorce agreement for: lifetime alimony and increase child support based on ex's higher income

    Answered over 1 year ago.

    1. David Veenstra
    2. Gary A. Hewetson
    3. Derek James Byrne
    4. John Arthur Smitten
    4 lawyer answers

    There are several potential issues that could come into play. The only way to answer your question would be to actually review your Final Judgment and Marital Settlement Agreement. You should make arrangements to confer with an attorney.

    1 lawyer agreed with this answer

  3. I am getting divorced. All of our savings went to her savings account. Do I have a right to half that money in the process?,

    Answered over 1 year ago.

    1. Gregory Thomas Buckley
    2. Jeffrey B. Lampert
    3. Joseph Julius Registrato
    4. John Arthur Smitten
    5. Gary A. Hewetson
    6. ···
    6 lawyer answers

    I agree with counsel. You may file a motion seeking a partial distribution of marital assets, however, you should certainly first consult with an attorney to discuss the pros and cons of doing so.

    1 lawyer agreed with this answer

  4. I've been married since 12-12-12 and now want it to be over.. I wanted to marry a man not a 47 year old child. What can I do?

    Answered over 1 year ago.

    1. Chris Matthew Limberopoulos
    2. Lawrence Joseph Marraffino
    3. Gary A. Hewetson
    4. Alan James Brinkmeier
    5. Jayson Lutzky
    5 lawyer answers

    You may want to consider marriage counseling first. If you are unable to resolve your issues with your husband you can always file an action for dissolution of marriage.

    1 lawyer agreed with this answer

  5. What consideration is given in divorce cases involving domestic abuse... verbal/emotional (not violence)

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Heather Morcroft
    3. Gary A. Hewetson
    4. Brent Allan Rose
    5. Joseph Julius Registrato
    6. ···
    7 lawyer answers

    I believe Mr. Rose's assessment is correct. This is certainly an issue that you should discuss with your attorney.

    1 lawyer agreed with this answer

  6. If my spouse moves in with her paramour before we are divorced can the paramours income be used for child support calculations?

    Answered over 1 year ago.

    1. Brent Allan Rose
    2. John Arthur Smitten
    3. Michael Charles McGinn
    4. Joseph Julius Registrato
    5. Gary A. Hewetson
    5 lawyer answers

    No.

    1 lawyer agreed with this answer

  7. My husband filed papers with the court. I have until the 11/18/12 to get my paperwork in. What will happen if I can't?

    Answered almost 2 years ago.

    1. Gary A. Hewetson
    2. Joseph Julius Registrato
    3. John Arthur Smitten
    3 lawyer answers

    You must timely file a response to your husband's Petition for Dissolution of Marriage or run the risk of having a Default Judgment entered against you. The issues you present with a 16 year marriage and three children really require that you personally consult with an attorney in order to properly evaluate all options available to you.

    1 lawyer agreed with this answer

  8. Can I file an amended financial affidavit?

    Answered almost 2 years ago.

    1. Heather Morcroft
    2. Gary A. Hewetson
    3. John Arthur Smitten
    4. Russell George Marlowe
    5. Joseph Julius Registrato
    5 lawyer answers

    You should file an amended financial affidavit in the event your financial situation has changed or in the event you discover that you made an error in the preparation of your original affidavit. As an aside, depending on the facts of your case, you may be able to obtain a court order directing your husband to contribute toward payment of your attorneys' fees. It would be wise to speak to an attorney regarding your rights and options before proceeding any further.

    1 lawyer agreed with this answer

  9. Is this considered as marital asset?

    Answered 9 months ago.

    1. Alec Larkin Weber
    2. Joshua Edward Rhea
    3. Ophelia Genarina Bernal-Mora
    4. Gary A. Hewetson
    4 lawyer answers

    It would appear that the car is a non-marital asset, however, you may prosecute a claim for the enhancement in value of this asset during the marriage by virtue of the contribution of marital funds toward the loan payoff.