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Gary A. Hewetson

Gary Hewetson’s Answers

9 total

  • Is this considered as marital asset?

    My wife bought a car on her mother's name before we got married. We are getting divorce after 2 years. For the 2 years, monthly payments of $400 was made until we pay it off. Now she won't list the car as marital assets. She used our income tax to...

    Gary’s Answer

    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.

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

    My divorce was final in 2006, I was granted full custody of my two children, 6 and 11 at the time. I was granted child support based on my husband's income and alimony until the youngest turned 18. I was a stay at home Mom and was paid well to r...

    Gary’s Answer

    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.

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  • 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?,

    This has been dragging on for a while. Can a motion be made to have access to some of the money. I am in the process of stating my business, and have very little resources. Thank you.

    Gary’s Answer

    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.

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  • 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?

    I don't enjoy head games,jealous,and just plain old childness behavior and I want out!

    Gary’s Answer

    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.

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

    I am just beginning the divorce journey after over 20 years of marriage. Husband has anxiety disorder but has refused treatment. Is emotional abuse considered in equitable distribution or alimony awards?

    Gary’s Answer

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

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

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

    Gary’s Answer

    No.

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  • 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?

    My husband quit his job 3 1/2 years ago to start a business in FL. We moved from NH and I stayed home with our 3 kids. In this process he ran through our savings, lost our home and put us deeply in debt. He has had a job at 1/2 his previous sala...

    Gary’s Answer

    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.

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  • Is it true I can get alimony for the rest of my life from my soon to be ex husband??

    He makes 72000.00 a year I make 14000.00 he is currently giving me 500.00 a month alimony and 250.00 per child monthly (1000.00 total). is this enough or do I deserve more?? and when the divorce goes thru can I get alimony for the rest of my life ...

    Gary’s Answer

    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. Please contact me if you would like to set me an appointment.

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  • Can I file an amended financial affidavit?

    My financial situation has changed and I wanted to submit an amended financial affidavit. I am representing myself and am not sure what to do. My husband has a lawyer and unfortunetly with being a single mom now and not recieving support from him ...

    Gary’s Answer

    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.

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