Gary's Blog

July 16, 2014
Published by Gary Gottfried at July 16, 2014
Categories

Use of Cell Phones in Domestic Cases

For attorney’s involved in domestic relations, the question always comes up regarding the use of cell phone records in a domestic case. Recently Stephanie Beougher reported on July 15, 2014 in the Ohio Supreme Court News about the US Supreme Court case of Riley v California. The U.S. Supreme Court ruled last month that police need a warrant to search […]
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July 3, 2014
Published by Gary Gottfried at July 3, 2014
Categories

Divorce and Stepchildren

A Recent Tax Court Decision Provides Another Tax Consideration for Columbus Family Law Firms Taxes are a common issue that divorcing parents in Columbus confront when terminating their marriage. Perhaps the most frequently disputed tax issue for parents is which parent will be able to claim the dependency exemption for a child of the marriage. Ohio Revised Code 3119.82 requires […]
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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 […]
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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 […]
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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
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 […]
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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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March 15, 2013
Published by Gary Gottfried at March 15, 2013
Categories

New York Case on Prenuptial Agreements

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 […]
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January 1, 2013
Published by Gary Gottfried at January 1, 2013
Categories

Dischargeability of Marital Debts/ When are they not discharged

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 […]
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December 22, 2012
Published by Gary Gottfried at December 22, 2012
Categories

International Divorce and Certification of Documents

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 […]
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July 16, 2014
Published by Gary Gottfried at July 16, 2014
Categories

Use of Cell Phones in Domestic Cases

For attorney’s involved in domestic relations, the question always comes up regarding the use of cell phone records in a domestic case. Recently Stephanie Beougher reported on July 15, 2014 in the Ohio Supreme Court News about the US Supreme Court case of Riley v California. The U.S. Supreme Court ruled last month that police need a warrant to search […]
Do you like it?0
Read more
July 3, 2014
Published by Gary Gottfried at July 3, 2014
Categories

Divorce and Stepchildren

A Recent Tax Court Decision Provides Another Tax Consideration for Columbus Family Law Firms Taxes are a common issue that divorcing parents in Columbus confront when terminating their marriage. Perhaps the most frequently disputed tax issue for parents is which parent will be able to claim the dependency exemption for a child of the marriage. Ohio Revised Code 3119.82 requires […]
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
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
March 15, 2013
Published by Gary Gottfried at March 15, 2013
Categories

New York Case on Prenuptial Agreements

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 […]
Do you like it?0
Read more
January 1, 2013
Published by Gary Gottfried at January 1, 2013
Categories

Dischargeability of Marital Debts/ When are they not discharged

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 […]
Do you like it?0
Read more
December 22, 2012
Published by Gary Gottfried at December 22, 2012
Categories

International Divorce and Certification of Documents

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 […]
Do you like it?0
Read more
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