Gary's Blog

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 […]
December 30, 2013

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 […]
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 […]
August 24, 2013

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 […]
January 13, 2013

Ohio House Bill 479 impacts Pension Rights

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 1, 2013

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 […]
December 22, 2012

New Changes to the Ohio Child Support Statute

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

New Changes to the Ohio Child Support Statute

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, […]
September 27, 2012

New Rights/ Procedures for Military Troops

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 14, 2012

Another Way To Register A Foreign Judgement In An Ohio Domestic Relations Matter

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 […]
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 […]
December 30, 2013

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 […]
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 […]
August 24, 2013

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 […]
January 13, 2013

Ohio House Bill 479 impacts Pension Rights

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 1, 2013

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 […]
December 22, 2012

New Changes to the Ohio Child Support Statute

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

New Changes to the Ohio Child Support Statute

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, […]
September 27, 2012

New Rights/ Procedures for Military Troops

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 14, 2012

Another Way To Register A Foreign Judgement In An Ohio Domestic Relations Matter

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 […]