Gary's Blog
September 12, 2013
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 […]
August 24, 2013
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 […]
August 11, 2013
How to use Avvo to find an Attorney in Columbus Ohio? Avvo has over 1 million lawyer reviews and you can do a search for any attorney by name, practice area, State of practice or city of practice. Avvo is free to sign up for, but you can also browse anonymously. In order to leave review for an attorney, you […]
March 15, 2013
Prenuptial Agreements Tim Tepe an Ohio AAML fellow brought to my attention an article from the ABA Law Journal which may be of some interest to the members of the Ohio Family Law Bar. In the ABA Journal it was reported that lawyers are calling a landmark ruling, a New York appeals court has upheld a Long Island judge’s decision […]
March 14, 2013
International Abduction of Children On February 19, 2013, the United States Supreme Court issued a significant decision which affects children who have been returned to their country of Habitual Residence pursuant to the Hague Convention on the International Abduction of Children ( The Hague). The case is Chafin v Chafin, and the Case No is 11-1347. In Chafin, Father was living in […]
January 13, 2013
Pension Rights On December 20, 2012, The Ohio Legislature passed Ohio House Bill 479. Ohio House Bill 479 which becomes effective in March 2013 amends Ohio Revised Code 2329.66 ( A)(10)(a) in certain areas which have an impact on the practice of domestic relations in Ohio. I have reprinted below the sections of Ohio House Bill 479/Revised Code 2329.66 and […]
January 7, 2013
Recently I had the occasion to address the issue of the return of children who had been wrongfully removed from the United States to Japan. Although Japan is a member of the Hague Convention on the abduction of children, it has been very difficult to obtain the return of children wrongfully removed from Japan. I have reprinted below a portion […]
January 1, 2013
Recently in preparation for a seminar which I am presenting I ran across a very interesting case regarding the dischargeability of a debt. The case is Stocker v Stocker, 9th District, Case No. 12CA 0021 ( December 2012). It would appear that at least in the 9th Ohio Appellate District a debt may not be discharged even though it is […]
December 22, 2012
When I first started practicing law 39 years ago there was no need for a young lawyer to know about the collection of child support outside of the United States. However, as time as gone by and the world has grown smaller, the need to know about issues such as the international collection of child support becomes more important and […]
December 22, 2012
The Ohio Legislature in the enactment of SB 337 called the Collateral Sanctions Act has amended Ohio’s child support law in Ohio Collateral Sanctions Act ( SB 337) Amends Ohio Child Support Sections As follows: R.C. 3119.01 ( B) (11) (11) “Potential income” means both of the following for a parent who the court pursuant to a court support order, […]
December 22, 2012
Recently our firm was required to obtain a certified copy of an Ohio divorce decree so that it could be used in divorce proceedings in India. The process of obtaining a certified copy of a divorce decree which can be used in international matters is the process whereby the Ohio Secretary of State issues an Apostilles. The following is a […]
December 22, 2012
The Ohio Legislature in the enactment of SB 337 called the Collateral Sanctions Act has amended Ohio’s child support law in Ohio Collateral Sanctions Act ( SB 337) Amends Ohio Child Support Sections As follows: R.C. 3119.01 ( B) (11) (11) “Potential income” means both of the following for a parent who the court pursuant to a court support order, […]
December 22, 2012
Recently our firm was required to obtain a certified copy of an Ohio divorce decree so that it could be used in divorce proceedings in India. The process of obtaining a certified copy of a divorce decree which can be used in international matters is the process whereby the Ohio Secretary of State issues an Apostilles. The following is a […]
September 27, 2012
In June 2011 The Ohio Legislature enacted a bill which modifies for individuals who are ordered to active duty Ohio’s Custody Laws. Ohio Revised Code 3109.04 (I) effective June 2011 now sets forth procedures for men and women who are called to active duty and who are involved in an action involving the allocation of parental rights or who have been involved […]
September 19, 2012
On the United States Department of State website, it has been reported that the United States of America has joined the International community in the collection of child support and maintenance. The text of the announcement from the U.S State Department reads as follows: On Wednesday, September 29, 2010, the U.S. Senate approved the Hague Convention on the International Recovery of […]
September 14, 2012
Gary and Eric recently successfully enforced an Arizona divorce decree in Licking County, Ohio to secure the timely return of three children to Arizona in time for the start of school. Litigation involved a two-step process: (1) registration; and (2) enforcement. There are effectively two ways to “register” a custody order from another state. The most common method, utilized by […]
September 14, 2012
I thought that I would bring to everyone’s attention the July 2012 amendment to Civil Rule 4.1. Civil Rule 4.1 (b) has been added which allows services by commercial carrier (i.e FedEx). I am involved in a case involving both the Hague Convention on the abduction of children and also service of an Ohio divorce on a person in England. […]
September 14, 2012
Kevin Trotter an attorney in Lancaster sent me a case which may have some impact on how we practice domestic relations ( at least in the 5th district). The case which I am referring to is the case of Jepsen v Hoskisson ( 11-CA-41). In that case the parties had reached an in court agreement and the typed version was […]