Profile cover photo
Profile photo
Anthony Greco
124 followers -
Columbus Ohio Divorce Attorney and Child Custody Lawyer - Experienced, Aggressive and Results Driven -- Tipping the scales in your favor for more than 20 years.
Columbus Ohio Divorce Attorney and Child Custody Lawyer - Experienced, Aggressive and Results Driven -- Tipping the scales in your favor for more than 20 years.

124 followers
About
Posts

Post has attachment

Post has attachment
It is both an honor and a surprise. Thanks to the people at Expertise for the recognition.

Post has attachment
Divorce — What are the Issues and Where to Start.  Divorce — the Basics

Divorce can be finalized by agreement or it can contested.  A Divorce Agreement can result in a Dissolution Decree, or in a Agreed Judgement Entry Decree of Divorce.  In both situations, the end result is the same.  The parties are agreeing to each and every term involved in the termination of their marriage.  The primary difference between the two options is, the timing as to when the parties reach the agreement.  If the parties are in disagreement concerning at least 1 issue involved in the termination of the marriage at the beginning the case, the only way to start the process by filing a Complaint for Divorce.  Terminating a marriage by filing a Complaint for Divorce is, at least initially, an “adversarial” type of proceeding in which the parties are legally terminating their marital relationship, and are not in agreement on all of their issues.  However, it is very common for parties to reach an agreement  at some point in the case, after each of them is satisfied that they have all of the information they need to make an informed agreement.

Divorce – How To Find Out The Truth

The parties may conduct extensive “discovery” to determine the value of assets and liabilities, find “hidden” assets, determine what is in “the “best interests” of the children, and determine the appropriate ground or reason for the divorce.  The Court and parties will review and value all of the assets and debts of the parties, including separate, inherited, premarital or “separate” as well as marital assets and debts. The Court will divide and assign values to each and every marital asset and debt of the parties. The Court will also rule on all issues relating to the minor children of the parties including the future residence(s) and or schools for the children, the parents’ involvement in decision making for the children, support for the children, medical insurance for the children, and the use of dependency exemptions. Divorce may also involve issues concerning support of the former Husband or Wife (Also see Spousal Support (Alimony) section of this website).

Divorce – Should You Settle or Go To Trial

At any time after the filing of a Divorce the parties may “settle” the pending issues and thus avoid the expense and time in having the Court “decide” or make Orders regarding those issues after an actual evidentiary trial. If the parties settle, they may agree upon the terms of an Agreed Order and ask the Court to approve said terms. In a contested trial, the parties present evidence to the Court on all disputed issues. These issues could range from “every” issue which could possibly be before the Court, to the submission of just one issue, such as “custody“, or the valuation of marital interest in a particular asset such as a family business or medical practice.  It is absolutely critical for anyone involved in the termination of a marriage to obtain experienced legal advice when trying to figure out whether a Dissolution or Divorce is best for them.

The Law Office of Anthony W. Greco is committed to providing each and every Client with professional, aggressive and practical representation, while being sensitive to the Client’s unique concerns and goals.  With more than 22 years of experience, our firm is equipped to deal with all issues involved in Divorce and Dissolution. From the complex, high-asset cases, emotionally charged case, to the most basic Dissolution, The Law Office of Anthony W. Greco is prepared to aggressively represent its Clients’ concerns and interests from the first day of representation through trial.  For more information, click here.

Post has attachment
Choosing Between Divorce and Dissolution.  When choosing between Divorce and Dissolution it is important to understand that in a Divorce, the parties are in disagreement concerning at least one issue involved in the termination of the marriage, and therefore a Dissolution is not a legal option.  In a Dissolution, the parties have agreed upon each and every issue prior to the filing of any action with the Court including but not limited to the division of marital assets, custody, parenting time (visitation), child support and spousal support (alimony). In a Dissolution, the parties enter into a Separation Agreement which specifies all of the terms of the termination of the marriage, and asks the Court to accept these terms and make them a final Order of the Court. A Dissolution is much more economical and can be completed within 60 days from the filing of the initial Petition for Dissolution with the Court.  On the other hand, a Divorce is initially an “adversarial” type of proceeding in which the parties are legally terminating their marital relationship, and are in disagreement as to at least one issue. In a Divorce, the parties may conduct extensive “discovery” to determine the value of assets and liabilities, find “hidden” assets, determine what is in “the “best interests” of the children, and determine the appropriate ground or reason for the divorce. The Court and parties will review and value all of the assets and debts of the parties, including separate, inherited, pre-marital and marital assets and debts. The Court will divide and assign values to each and every marital asset and debt of the parties. The Court will also rule on all issues relating to the minor children of the parties including the future residence(s) and\or schools for the children, the parents’ involvement in decision making for the children, support for the children, medical insurance for the children, and the use of dependency exemptions. Divorce may also involve issues concerning support of the former Husband or Wife (Also see Spousal Support (Alimony) section of this website).  For more information click here.

Post has attachment
Prenuptial Agreements in Ohio – Are They Enforceable ?  Yes, Prenuptial Agreements in Ohio can be enforceable provided that the agreement properly complies with all of the laws relating to the preparation and negotiation of the contract, as well as public policy’s adhered to by Ohio courts.  To be valid, Prenuptial Agreements in Ohio must not violate public policy or be “unconscionable”.  This can also be a very legally complicated issue as the issue of whether an an ante-nuptial agreement is “unconscionable” or fair is determined at the time of the divorce, not at the time of signing the contract.  In addition, as with all contracts in the state of Ohio, the Prenuptial Agreement must be entered into without duress or overreaching.  In the event that a Prenuptial Agreement’s validity is challenged, these issues will be carefully scrutinized by a Court when determining whether the Prenuptial Agreement is enforceable at the time of the Divorce.  For more info, click here. 

Post has attachment
Success on Appeal! The Law Office of Anthony W. Greco successfully reversed a trial Court’s ruling involving the termination of child support and holding the mother in criminal contempt. This appeals case arose out of a post-decree modification and contempt action filed by the Father against the Mother. Among other findings, the trial court retroactively terminated the Father’s obligation to pay child support to Mother based upon parental alienation, and sentenced Mother to 30 days in the county jail on a finding of criminal contempt. After receiving this Order, Mother retained the Law Office of Anthony W. Greco to represent her for the purpose of appealing the trial Court’s decision.

In addition to initiating the appeals process, the Law Office of Anthony W. Greco obtained an Order staying the enforcement of the trial Court’s decision during the pendency of the appeal. In addition to other issues, the Law Office of Anthony W. Greco argued that the trial Court’s decision was improper as the Mother was not provided with adequate notice of the possibility that her child support would be terminated and that she may be found in criminal contempt. On review, the Fifth District Court of Appeals agreed with this argument and REVERSED the trial Court’s decision. The Court of Appeals stated that “[t]he trial court’s sua sponte modification of child support as to [the minor children] fails to meet the due process requirements of notice and opportunity to defend. . .” and, further, that “[t]he trial court erred in summarily punishing [the Mother] for criminal contempt without notice and an opportunity for a hearing.”

To read the full decision of the Court of Appeals, click here: http://law.justia.com/cases/ohio/fifth-district-court-of-appeals/2015/14caf050033.html.

Post has attachment
A recent ruling by the Ohio Supreme Court addressed the issue of whether or not employer provided “perks” or other employer provided benefits, such as the value of a car, car insurance, a cell phone and the cell phone service, should be added into a parent’s income, for purposes of calculating child support.  While “employer provided benefits” have regularly been included in the gross income for purposes of child support calculation who are “self-employed”, there has been conflicting case law in the state of Ohio when the issue of employer provided benefits or “perks” has been raised for individuals who are not “self-employed.”  Employer benefits included in child support income calculations.

How is gross income defined for child support

Ohio Revised Code Section 3119.01(C)(7) defines gross income as the total of all earned and unearned income from all sources during a calendar year.  Also, Ohio Revised Code section 3119.01(C)(13) defines “self-generated income” as including “company cars, free housing, reimbursed meals, and other benefits, if the reimbursements are significant and reduce personal living expenses.”  The issue of whether employer benefits included in child support guideline calculation was proper for W-2 type employees who were not “self-employed” is one of the most notable questions that is answered by the Ohio Supreme Court in this case.  For the full Ohio Revised Code Section, see, http://codes.ohio.gov/orc/3119.01.

Employer Benefits Included in Child Support Income

The 2013 Ohio Supreme Court case of Morrow v. Becker clarifies how “gross income” is calculated for purposes of child support when “employer provided benefits” are involved, also known as employer provided, non-cash “perks”. The Court ruled that the value of the employer paid benefits were properly included in gross income for purposes of the calculation of child support.  See Morrow v. Becker, 138 Ohio St. 3d 11.   Employer benefits included in Child Support Guideline calculation.

Post has attachment
Photo

Post has attachment
Photo

Post has attachment
Attorney Anthony Greco successfully represents a father in the Court of Appeals against a trial Court ruling  which imposed a child support obligation upon the father and ordered him to pay his ex-wife’s attorney’s fees and litigation costs. However, the Third District Court of Appeals reversed the trial court on both issues.  To read Court’s full opinion see, http://statecasefiles.justia.com/documents/ohio/third-district-court-of-appeals/14-12-03.pdf?ts=1370459681.

Change of Circumstances Required to Modify Child Support

As to the ex-wife’s motion to modify child support, the Court of Appeals found that the trial court abused its discretion in finding that a substantial change of circumstances occurred. The Court of Appeals came to this conclusion because the ex-wife and father maintained the same allocation of parenting time, the child’s needs had not changed, and no evidence in the record demonstrated that the earnings and financial positions of the ex-wife and father had changed. Further, the Court of Appeals held that changes to a shared parenting plan which were voluntarily agreed to by the parties do not constitute a substantial change of circumstances. This is so because such a change was “a change to the parties’ agreement, not their circumstances.”

Attorney’s Fees

Regarding the ex-wife’s award of more than $ 10,000 in attorney’s fees and litigation costs, the Court of Appeals found that the trial court abused its discretion in awarding attorney’s fees and litigation costs to the ex-wife. The award was an abuse of discretion because the ex-wife failed to request attorney’s fees and litigation costs in her motion to modify child support and failing to so request precludes such an award.

As a result of the trial court’s reversal, the mother was denied both child support and attorney’s fees.  In addition, mother was Ordered to repay all child support that had been paid by father while the Court of Appeals case was pending.

Modify Child Support and Attorney’s Fees.
Wait while more posts are being loaded