Family Law

This monthly newsletter provides attorneys with information regarding noteworthy cases recently decided in Ohio’s domestic courts.

Overtime pay may be included in calculation of spousal support.

November 18, 2009
It is an abuse of discretion to fashion an order compelling an obligor to work an onerous amount of overtime.

Asset appreciation may include both separate and marital property

September 01, 2009
When the parties contest whether an asset is separate or marital property, the presumption is that the property is marital, unless proven otherwise.

Equitable division of marital property not necessarily equal

August 04, 2009
A court does not abuse its discretion where the evidence before it to show the value of the marital assets is vague.

Traceability is key when dealing with “commingled” property

July 07, 2009
Traceability is the focus when determining whether separate property has lost its separate character.

In valuation, a “one size fits all” approach doesn’t cut it

June 11, 2009
Consideration of the costs of sale is only appropriate ‘so long as those consequences are not speculative’.

Significance of change is important when looking to modify support

May 13, 2009
“The word ‘substantial’ has been given various meanings by Ohio courts.”

No excuses, poor record keeping doesn’t preclude valuation

April 07, 2009
Failure to supply adequate records does not preclude the court from establishing the value of a business.