Gary's Blog

July 28, 2014

Custody litigation in more than one state

The trial of a custody case is a very complex and emotionally challenging time during a divorce. The complexity of a custody case becomes even more difficult when the issue is not only which parent is going to obtain custody but also which State is going to make the determination regarding the custody of a child. Having been a family […]
July 17, 2014

Filing Fees for Divorce in Columbus

Couples divorcing in Ohio should expect to pay near the national average with respect to their filing fees paid to the clerk of court at the onset of their case. Filing fees in Ohio are $175 – more than the national low of $52 in Mississippi, but substantially less than the national high of $409 in Florida. Check out the […]
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 […]
July 3, 2014

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 […]
June 30, 2014

Contraception Mandate

The Huffington Post reported today that the Supreme Court in the case of Burwell v Hobby Lobby in a divided opinion ruled 5-4 on Monday that closely held corporations cannot be required to provide contraception coverage for their employees. In an opinion authored by Justice Samuel Alito, the court ruled in Burwell v. Hobby Lobby Stores and Conestoga Wood Specialties […]
June 19, 2014

Teen’s Constitutional Rights Not Violated by Excluding Her from Custody Hearing

Teen’s Constitutional Rights Not Violated by Excluding Her from Custody Hearing. In the case of In Re A.G slip opinion the Ohio Supreme Court according to an article by Bret Crow found that: A trial court did not violate a teenager’s due-process rights or abuse its discretion when it excluded her from a custody hearing in a divorce case, especially after considering […]
March 27, 2014

Unvested Military Retirement Benefits earned during marriage qualify as marital asset

By Kathleen Maloney | March 26, 2014 Daniel v. Daniel (Slip Opinion) 2012-2113[Full Text – PDF] The Ohio Supreme Court on March 26, 2014 in a 4-3 Decision found that unvested military pensions must be taken into account when dividing marital assets. The Supreme Court of Ohio in it’s announcement stated: A trial court must take the value of unvested […]
March 20, 2014

Hague Convention Creates ‘Automatic Return’

In a 9-0 decision on March 5, 2014, the U.S. Supreme Court decided Lozano v. Montoya Alvarez, 572 U.S. __ (2014). Writing for the unanimous Court, Justice Thomas framed the case and holding this way: “When a parent abducts a child and flees to another country, the Hague Convention on the Civil Aspects of International Child Abduction generally requires that […]
February 3, 2014

IRS releases FAQs and Answers on Same-Sex Tax Issues

The Internal Revenue Service (IRS) has released new guidelines on how it will treat, for tax purposes, same-sex partners. The most relevant questions are: Q1. When are individuals of the same sex lawfully married for federal tax purposes? A1. For federal tax purposes, the IRS looks to state or foreign law to determine whether individuals are married. The IRS has […]
December 30, 2013

Revised Division of Property Order for State Agencies (OPERS, STRS, SERS, OP&F, and OHPRS)

The Ohio retirement systems recently amended their respective administrative rules to account for revisions to the Division of Property Order (“DPO”) form. The rule amendments and the revised DPO form will be effective January 7, 2014. Note that the Ohio retirement systems will accept and process the “new” and “old” versions of the DPO form until June 30, 2014, but […]
July 28, 2014

Custody litigation in more than one state

The trial of a custody case is a very complex and emotionally challenging time during a divorce. The complexity of a custody case becomes even more difficult when the issue is not only which parent is going to obtain custody but also which State is going to make the determination regarding the custody of a child. Having been a family […]
July 17, 2014

Filing Fees for Divorce in Columbus

Couples divorcing in Ohio should expect to pay near the national average with respect to their filing fees paid to the clerk of court at the onset of their case. Filing fees in Ohio are $175 – more than the national low of $52 in Mississippi, but substantially less than the national high of $409 in Florida. Check out the […]
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 […]
July 3, 2014

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 […]
June 30, 2014

Contraception Mandate

The Huffington Post reported today that the Supreme Court in the case of Burwell v Hobby Lobby in a divided opinion ruled 5-4 on Monday that closely held corporations cannot be required to provide contraception coverage for their employees. In an opinion authored by Justice Samuel Alito, the court ruled in Burwell v. Hobby Lobby Stores and Conestoga Wood Specialties […]
June 19, 2014

Teen’s Constitutional Rights Not Violated by Excluding Her from Custody Hearing

Teen’s Constitutional Rights Not Violated by Excluding Her from Custody Hearing. In the case of In Re A.G slip opinion the Ohio Supreme Court according to an article by Bret Crow found that: A trial court did not violate a teenager’s due-process rights or abuse its discretion when it excluded her from a custody hearing in a divorce case, especially after considering […]
March 27, 2014

Unvested Military Retirement Benefits earned during marriage qualify as marital asset

By Kathleen Maloney | March 26, 2014 Daniel v. Daniel (Slip Opinion) 2012-2113[Full Text – PDF] The Ohio Supreme Court on March 26, 2014 in a 4-3 Decision found that unvested military pensions must be taken into account when dividing marital assets. The Supreme Court of Ohio in it’s announcement stated: A trial court must take the value of unvested […]
March 20, 2014

Hague Convention Creates ‘Automatic Return’

In a 9-0 decision on March 5, 2014, the U.S. Supreme Court decided Lozano v. Montoya Alvarez, 572 U.S. __ (2014). Writing for the unanimous Court, Justice Thomas framed the case and holding this way: “When a parent abducts a child and flees to another country, the Hague Convention on the Civil Aspects of International Child Abduction generally requires that […]
February 3, 2014

IRS releases FAQs and Answers on Same-Sex Tax Issues

The Internal Revenue Service (IRS) has released new guidelines on how it will treat, for tax purposes, same-sex partners. The most relevant questions are: Q1. When are individuals of the same sex lawfully married for federal tax purposes? A1. For federal tax purposes, the IRS looks to state or foreign law to determine whether individuals are married. The IRS has […]
December 30, 2013

Revised Division of Property Order for State Agencies (OPERS, STRS, SERS, OP&F, and OHPRS)

The Ohio retirement systems recently amended their respective administrative rules to account for revisions to the Division of Property Order (“DPO”) form. The rule amendments and the revised DPO form will be effective January 7, 2014. Note that the Ohio retirement systems will accept and process the “new” and “old” versions of the DPO form until June 30, 2014, but […]