Gary's Blog

December 30, 2013
Published by Gary Gottfried at December 30, 2013
Categories

Decision on Same-Sex Marriages in Ohio

On December 23, 2013 the United States District Court for the Western Division of Ohio in the case of Obergefell v Wymyslo Case No 1:13-cv-501 Ohio declared that Article XV Sec 11 and Ohio Revised Code 3101.01(C) are unconstitutional in that these sections of Ohio law violated the 14th Amendment to the United States Constitution. The Court found that same […]
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December 21, 2013
Published by Gary Gottfried at December 21, 2013
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New Change in Adoption Law in Ohio: Greater Access to Records

The following article recently appeared in the Columbus Dispatch regarding changes to Ohio’s Adoption Law: COLUMBUS, Ohio — With a stroke of the pen Thursday, the state moved to open the birth records of hundreds of thousands of adopted Ohioans. Gov. John Kasich signed into law a bill that ultimately will allow adoptees, when they reach adulthood, to gain access […]
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December 8, 2013
Published by Gary Gottfried at December 8, 2013
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Bankruptcy and Divorce

The United States District Court (Sixth Circuit) recently affirmed a decision wherein the Trustee in the Wife’s bankruptcy sought to set aside a property division the parties divorce case. The case is In re Karen E. NEAL, Debtor, Andrew W. Suhar, Plaintiff–Appellant,v.Craig Bruno, Defendant–Appellee. Case No. 12–4206. FACTS: Chapter 7 trustee brought adversary proceeding to set aside, on constructive fraudulent […]
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December 2, 2013
Published by Gary Gottfried at December 2, 2013
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Hague Convention and Equitable Tolling: A Matter for the Supreme Court

The United States Supreme Court will hear Oral Arguments on a Hague Convention Case on December 11, 2013. The case is Lozano v. Alvarez Docket No., 12-820. The issue presented by the Lozano case as detailed in an ABA article on the case are as follows: QUESTION PRESENTED: The primary purpose of The Hague Convention on the Civil Aspects of […]
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November 25, 2013
Published by Gary Gottfried at November 25, 2013
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Grandparents’ Rights – Fourth District Opinion Sets a Standard

The Fourth District Court of Appeals recently issued a very interesting decision regarding the standard that must be met in order for the Court to award companionship rights (visitation) to non-parents, which by definition includes persons such as grandparent and other family members. In the case of McClintock vs. Gould, Case No 12CA23 [PDF], (November 6, 2013) the Fourth District […]
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November 19, 2013
Published by Gary Gottfried at November 19, 2013
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In Reversing Sale, Trial Court Overstepped Its Authority

The Fifth District recently issued an interesting decision on financial misconduct. The case is Shalash v Shalash, 2013-Ohio-5064 [PDF]. In that case, the husband purchased a carryout for $200,000.00 during the marriage. A few days after the divorce was filed the husband transferred the business to his Mother for $55,000.00. The Trial Court found that the carryout was a marital […]
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October 16, 2013
Published by Gary Gottfried at October 16, 2013
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Employer Benefits Count for Income in Calculating Child Support

Recently the Ohio Supreme Court issued a decision regarding the calculation of child support and concluded that employer benefits can be considered as income for child support purposes. The case is Morrow v Becker. The following is an excerpt of the decision as reported by Kathleen Maloney. By Kathleen Maloney | October 16, 2013 Certain employer-paid benefits may be included […]
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September 19, 2013
Published by Gary Gottfried at September 19, 2013
Categories

Social Security Offset In Divorce and Dissolution Matters

Recently I read an article which was published in QdroDesk.com. The article addresses the valuation of Social Security and It’s divisibility in a divorce case. In light of Ohio Revised Code 3105. 171(F)(9) which allows a Court in deciding the equitable division of retirement benefits to take into consideration social security benefits for purposes of dividing a public pension. I […]
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September 12, 2013
Published by Gary Gottfried at September 12, 2013
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The QDRO and Divorce Decree/Decree of Dissolution

Recently I read an article in QDRO Desk.com which may be of some help in addressing issues in the drafting of a divorce or dissolution decree where there is a division of a retirement account through a Qualified Domestic Relations Order ( QDRO). QdroDesk.com – September 2013 QDRO Newsletter – Volume 2, Issue 3 THE QDRO AND THE DIVORCE DECREE/SETTLEMENT […]
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August 24, 2013
Published by Gary Gottfried at August 24, 2013
Categories

Same Sex Divorce Granted in Ohio

In the days and weeks since the Supreme Court’s decision on same-sex marriages, Hancock County granted a same-sex marriage between two women.  In the case in Hancock County, both women were married in Jamestown, New York. Subsequent to their marriage they moved to Ohio. Thereafter they sought to terminate their marriage by filing a divorce in Hancock County, Ohio.  A […]
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December 30, 2013
Published by Gary Gottfried at December 30, 2013
Categories

Decision on Same-Sex Marriages in Ohio

On December 23, 2013 the United States District Court for the Western Division of Ohio in the case of Obergefell v Wymyslo Case No 1:13-cv-501 Ohio declared that Article XV Sec 11 and Ohio Revised Code 3101.01(C) are unconstitutional in that these sections of Ohio law violated the 14th Amendment to the United States Constitution. The Court found that same […]
Do you like it?0
Read more
December 21, 2013
Published by Gary Gottfried at December 21, 2013
Categories

New Change in Adoption Law in Ohio: Greater Access to Records

The following article recently appeared in the Columbus Dispatch regarding changes to Ohio’s Adoption Law: COLUMBUS, Ohio — With a stroke of the pen Thursday, the state moved to open the birth records of hundreds of thousands of adopted Ohioans. Gov. John Kasich signed into law a bill that ultimately will allow adoptees, when they reach adulthood, to gain access […]
Do you like it?0
Read more
December 8, 2013
Published by Gary Gottfried at December 8, 2013
Categories

Bankruptcy and Divorce

The United States District Court (Sixth Circuit) recently affirmed a decision wherein the Trustee in the Wife’s bankruptcy sought to set aside a property division the parties divorce case. The case is In re Karen E. NEAL, Debtor, Andrew W. Suhar, Plaintiff–Appellant,v.Craig Bruno, Defendant–Appellee. Case No. 12–4206. FACTS: Chapter 7 trustee brought adversary proceeding to set aside, on constructive fraudulent […]
Do you like it?0
Read more
December 2, 2013
Published by Gary Gottfried at December 2, 2013
Categories

Hague Convention and Equitable Tolling: A Matter for the Supreme Court

The United States Supreme Court will hear Oral Arguments on a Hague Convention Case on December 11, 2013. The case is Lozano v. Alvarez Docket No., 12-820. The issue presented by the Lozano case as detailed in an ABA article on the case are as follows: QUESTION PRESENTED: The primary purpose of The Hague Convention on the Civil Aspects of […]
Do you like it?0
Read more
November 25, 2013
Published by Gary Gottfried at November 25, 2013
Categories

Grandparents’ Rights – Fourth District Opinion Sets a Standard

The Fourth District Court of Appeals recently issued a very interesting decision regarding the standard that must be met in order for the Court to award companionship rights (visitation) to non-parents, which by definition includes persons such as grandparent and other family members. In the case of McClintock vs. Gould, Case No 12CA23 [PDF], (November 6, 2013) the Fourth District […]
Do you like it?0
Read more
November 19, 2013
Published by Gary Gottfried at November 19, 2013
Categories

In Reversing Sale, Trial Court Overstepped Its Authority

The Fifth District recently issued an interesting decision on financial misconduct. The case is Shalash v Shalash, 2013-Ohio-5064 [PDF]. In that case, the husband purchased a carryout for $200,000.00 during the marriage. A few days after the divorce was filed the husband transferred the business to his Mother for $55,000.00. The Trial Court found that the carryout was a marital […]
Do you like it?0
Read more
October 16, 2013
Published by Gary Gottfried at October 16, 2013
Categories

Employer Benefits Count for Income in Calculating Child Support

Recently the Ohio Supreme Court issued a decision regarding the calculation of child support and concluded that employer benefits can be considered as income for child support purposes. The case is Morrow v Becker. The following is an excerpt of the decision as reported by Kathleen Maloney. By Kathleen Maloney | October 16, 2013 Certain employer-paid benefits may be included […]
Do you like it?0
Read more
September 19, 2013
Published by Gary Gottfried at September 19, 2013
Categories

Social Security Offset In Divorce and Dissolution Matters

Recently I read an article which was published in QdroDesk.com. The article addresses the valuation of Social Security and It’s divisibility in a divorce case. In light of Ohio Revised Code 3105. 171(F)(9) which allows a Court in deciding the equitable division of retirement benefits to take into consideration social security benefits for purposes of dividing a public pension. I […]
Do you like it?0
Read more
September 12, 2013
Published by Gary Gottfried at September 12, 2013
Categories

The QDRO and Divorce Decree/Decree of Dissolution

Recently I read an article in QDRO Desk.com which may be of some help in addressing issues in the drafting of a divorce or dissolution decree where there is a division of a retirement account through a Qualified Domestic Relations Order ( QDRO). QdroDesk.com – September 2013 QDRO Newsletter – Volume 2, Issue 3 THE QDRO AND THE DIVORCE DECREE/SETTLEMENT […]
Do you like it?0
Read more
August 24, 2013
Published by Gary Gottfried at August 24, 2013
Categories

Same Sex Divorce Granted in Ohio

In the days and weeks since the Supreme Court’s decision on same-sex marriages, Hancock County granted a same-sex marriage between two women.  In the case in Hancock County, both women were married in Jamestown, New York. Subsequent to their marriage they moved to Ohio. Thereafter they sought to terminate their marriage by filing a divorce in Hancock County, Ohio.  A […]
Do you like it?0
Read more
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