Gary's Blog

February 29, 2016

How to Split Child’s College Funds during Divorce

Gary J. Gottfried Co. LPA is your Columbus OH divorce attorney In many divorce cases there arises an issue with regard to how to address and/or divide the children’s “college funds.” These college funds which many time are held in accounts established under the Ohio Uniform Gift to Minors Act( or UTMA) and can be a source of contention as well […]
November 11, 2014

Ohio Remains in the Headlines for Same-Sex Marriage & Divorce

On August 6, 2014, we suggested that oral arguments taking place in the 6th Circuit Court of Appeals could offer some clarity with respect to same-sex marriage in Ohio. Three months later, the decision issued by the 6th Circuit may indeed offer at least short-term clarity. But the pivotal decision likely creates an opportunity for further litigation on the issue […]
October 6, 2014

Franklin County Has Most Divorce and Dissolution Cases in Ohio

The Supreme Court of Ohio recently released statistics for case filings in all state courts in Ohio for 2013. Franklin County was again among the busiest domestic relations courts in the state. With respect to marriage terminations with children, Franklin County had the most new filings of any county in 2013 with 1,340 new filings. The only other county with […]
September 16, 2014

Adjusting Owner’s Compensation

Impact of Adjusting Owner’s Compensation in Business Valuations for Divorce Making adjustments to a company’s financial statement is often times necessary to reflect the economic reality. Income statement adjustments are made to reflect what a hypothetical buyer might expect. A majority owner has the ability to set his or her compensation at whatever level they choose, which may be above-market […]
July 16, 2014

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 […]
November 25, 2013

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 […]
November 19, 2013

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 […]
September 19, 2013

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 […]
September 12, 2013

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 […]
February 29, 2016

How to Split Child’s College Funds during Divorce

Gary J. Gottfried Co. LPA is your Columbus OH divorce attorney In many divorce cases there arises an issue with regard to how to address and/or divide the children’s “college funds.” These college funds which many time are held in accounts established under the Ohio Uniform Gift to Minors Act( or UTMA) and can be a source of contention as well […]
November 11, 2014

Ohio Remains in the Headlines for Same-Sex Marriage & Divorce

On August 6, 2014, we suggested that oral arguments taking place in the 6th Circuit Court of Appeals could offer some clarity with respect to same-sex marriage in Ohio. Three months later, the decision issued by the 6th Circuit may indeed offer at least short-term clarity. But the pivotal decision likely creates an opportunity for further litigation on the issue […]
October 6, 2014

Franklin County Has Most Divorce and Dissolution Cases in Ohio

The Supreme Court of Ohio recently released statistics for case filings in all state courts in Ohio for 2013. Franklin County was again among the busiest domestic relations courts in the state. With respect to marriage terminations with children, Franklin County had the most new filings of any county in 2013 with 1,340 new filings. The only other county with […]
September 16, 2014

Adjusting Owner’s Compensation

Impact of Adjusting Owner’s Compensation in Business Valuations for Divorce Making adjustments to a company’s financial statement is often times necessary to reflect the economic reality. Income statement adjustments are made to reflect what a hypothetical buyer might expect. A majority owner has the ability to set his or her compensation at whatever level they choose, which may be above-market […]
July 16, 2014

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 […]
November 25, 2013

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 […]
November 19, 2013

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 […]
September 19, 2013

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 […]
September 12, 2013

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 […]