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Divorce and Medical Practice Owners in Ohio: Series on Divorce Part 17

March 25, 2011

Larry J. Kasper, CPA, CVA , CBA is appearing as a Guest Blogger on our site. He does not work for the Law Offices of Virginia C. Cornwell, and is not being paid to write this article.

Ohio Court of Appeals Affirms and Settles Business Valuation Issue

Hissa v Hissa, 2010 WL 2637905 (Ohio. July 1, 2010)

This case in Domestic Relations involved a divorce that had been litigated for 10 years. One of the disputes revolved around the valuation of the husband’s orthopedic practice. In particular, the valuation of the receivables was disputed. Both experts used the fair market value standard and both placed great emphasis on the value of the receivables.

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Doctor's Divorce Lawyer in Ohio The husband valued the receivables using records from 1999. The wife’s expert used the value of receivables in 1998. The husband claimed that the wife’s expert did not use the most recent financial information. However, according to the court, the husband did not provide the most recent receivable information to the wife, nor did the husband have his expert testify, instead relying on an affidavit authenticating the contents of the report. The Appeals Court also noted discrepancies in the 1999 records and the differences in information he provided to the two experts, and used this to support it’s finding that the Wife’s expert opinion was more credible.

In general, the trial Court found the husband’s expert report less credible and the Appeals Court found no abuse in relying on the wife’s expert’s testimony and report.

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Ohio Professional Practice Divorce Attorneys Traditionally, valuations are performed at a particular time and as of a valuation date. This case really emphasizes the importance of the two sides agreeing on a common valuation date. Had they agreed that 1998 was the valuation date, the issue of timely data, and discrepancies would never have occurred. The case also shows how the court’s perceived failure to disclose can backfire on the party who has the information advantage, normally the owner spouse.

Business Valuation Divorce Attorney Ohio Finally, the exceptional period in delay from filing to final trial, points out the cost of multiple valuations which can be avoided with a fixed valuation date. Experts are not usually required to update their reports except at an additional cost. Dating the valuation as close to the divorce as possible can avoid the cost of updating the report, but may not reflect the valuation realities of the marital assets.

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The relevant date is when the parties effectively terminated the marriage, either by separate living arrangements, or by filing for separation or divorce. This approach acknowledges that divorces sometimes take time, but the delay in the court decision should not affect the value of the marital property at the time of divorce. This approach would eliminate the cost of updating the report since any updates would be irrelevant, baring unusual changes in circumstances. If there were unusual circumstances, the effect could be introduced at trial without a complete revaluation.

Larry J. Kasper, CPA, CVA, CBA is the author of the popular CBA seminar, “Tax Aspects of Divorce” and the award winning book, Business Valuations: Advanced Topics. He is a valuation expert and also reviews reports prepared by other experts to identify strengths, weaknesses, inconsistencies and problems with valuation reports.

You may also be interested in some of our divorce articles:

DISCLAIMER – Read it, it’s important!

Emergency Custody Orders in Franklin County Ohio

March 4, 2011

Emergency Custody Orders in Columbus Ohio Our Ohio Family Law Attorneys are often asked how easy or hard it is to get emergency custody. In Franklin County (Columbus), as in most Ohio Counties, the procedure for obtaining Emergency Custody Orders is governed by both state law and the local rules of court. This article talks about Franklin County’s Local Rules regarding emergency custody.
Franklin County Local Rule 13 says:

Franklin County Domestic Relations Rule 13(E):

(E) Post-decree motions requesting ex parte orders that affect children are discouraged. However, the court will issue such orders only where it is shown that irreparable harm will occur to the child unless immediate action is taken, and the moving party has also filed and scheduled for hearing a motion requesting the reallocation of parental rights and responsibilities. Such motions for ex parte orders shall have supporting affidavits that clearly delineate the expected harm. Any ex parte order for a change in the residential parent status shall include a provision for immediate notice of the ex parte order to the legal custodian or the residential parent.

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Note that we have put certain portions of the rule in bold. That is because these things are essential to understanding the rule and how it work in Franklin County.

POST -DECREE

This rule specifically addresses post-decree matters. The court does not want people to try to fast-track a change of custody by fabricating or exaggerating an emergency. This rule also applies to parents who have already had a divorce, dissolution, annulment or legal separation case. Never married parents would not be filing their paperwork in domestic relations court, and this is a local rule for domestic relations court only. However, for unmarried parents filing emergency custody motions in Juvenile Court in Franklin County, the Juvenile Court Judges are the same Judges that preside over Domestic Relations Court. Their perspective on emergencies tends to be similar in both domestic relations cases and juvenile cases.

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IRREPARABLE HARM WILL OCCUR

There are a couple of important things to note about this portion of the rule. First, the phrase “irreparable harm”: this means that harm which cannot be undone. Second, but just as important, is the phrase “will occur”. Not may occur, not I fear will occur, but WILL OCCUR. Harm is certain, and harm is unable to be repaired. Now, you have to use some common sense here. This does not mean that a broken arm is no big deal because it will heal. But it has to be real harm to the child. So thing like “my child wants to go to school in my district but my ex won’t agree and school is about to start” is NOT going to be considered an emergency in Franklin County, Ohio.

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SUPPORTING AFFIDAVITS

In addition to filing your Motion for Emergency Custody (Ex Parte), the court wants AFFIDAVITS. These are sworn statements, not just a letter. They want you to make your statement under oath, so that you are subject to penalty of perjury for making false statements. Affidavits have to be notarized.

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CLEARLY DELINEATE THE EXPECTED HARM

Clearly delineate: this means your affidavit have to state clearly what it is you are afraid will happen to the child. Expected harm means not just feared harm, but what you think WILL happen if the court does not give you an emergency custody order.

IMMEDIATE NOTICE TO THE RESIDENTIAL PARENT

The court expects you to be able to give immediate notice to the residential parent, with no monkeying around. If you have their current address, the court expects you to give it, not use an address that you know is an old address to delay things. Such behavior definitely detracts from the credibility of the person seeking the emergency custody order. If the residential parent challenges the order, and gives credible testimony to the court that you deceived them to get custody, your long term goal of obtaining custody may be shot down before it begins.

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If you would like to talk to one of our Ohio Family Law Attorneys about emergency custody, give us a call at (614) 225-9316.

DISCLAIMER – Read it, it’s important!

Delaware County, Ohio Local Rule 29.03 Schedule for 2010

March 21, 2010

Following is the Delaware County, Ohio Local Rule 29.03 schedule for 2010. The cyan & magenta calendar is provided directly by the court and is not attached. You may obtain a PDF copy of the rule directly from the court by clicking on the following link:

http://www.co.delaware.oh.us/COURT/pdf/Visitation-2010-Local%20Rule.pdf

PLEASE TAKE NOTE: This web page was last updated March 21, 2010. Counties change their local visitation schedules. The county you live in may have changed their rule(s) yesterday. The county you live in may have different visitation schedules for Juvenile Court and Domestic Court. The rule may have been changed or updated since the last time this web page was updated. In addition, if you already have a visitation schedule pursuant to local rule, and that schedule was attached to your parenting time orders, it is POSSIBLE that the court did not mean for YOUR visitation schedule to change if the local visitation schedule in your county changes. The local visitation schedules are put on this website as a courtesy and are updated as often as possible. They are NOT legal advice and they are NOT meant to help you figure out if a decision you are about to make would be a violation of an existing court order. If you want to make sure that you have the most current version of the local rule in your county, you can either look on your county Clerk of Court’s website, go to your local Clerk of Court’s office, or call your local Clerk of Court.

Click here to get a list of phone numbers for the Clerk of Court in your county.

If you know that the court in this county has implemented a new rule, PLEASE tell us by e-mailing us at info@cornwell-law.com and we will update our website.

The office of the Clerk of Court cannot give you legal advice. This website, although prepared in part by attorneys, cannot and does not give you legal advice. You can only get legal advice by talking to an attorney of your choice about the facts of your case, and the law as it applies to the facts of your case.

What to do if your husband or wife (or ex) has abducted your child to a foreign country.

March 1, 2010

Ohio child abduction information from an Ohio Family Law Attorney.

What to Do If Your Spouse or Other Parent Abducts Your Child from Ohio to Another Country

It can be a scary revelation to learn that your spouse or the other parent may have abducted your child to another county. It is important that you act quickly and take the necessary steps to protect your rights as a parent and to insure the safe return of your child. Here are a few sources that you should contact.

1. Contact Your Local Police Department – Your local police will be able to create a missing person report for both the other parent and the child. More importantly, you will need to follow-up with the police and make sure that the information is entered into the National Criminal Information Center (NCIC), this is a database that is utilized by various national agencies such as the FBI and the U.S. Department of State. Once the report is in the NCIC, INTERPOL or other agencies may be able to flag the passports of your child and the other parent so that they can be picked up at a border by the appropriate authorities.

The Franklin County Police’s website can be found at: http://www.columbuspolice.org/

A good resource for all of the law enforcement agencies in Ohio : http://www.the911site.com/911pd/ohio.shtml

2. Contact the U.S. Department of State, Office of Children’s Issues – The U.S. Department of State is available to help you open an International Parental Abduction Case. This office will also be able to assist you with the process and even contact other agencies to coordinate the efforts to locate your child.

You can find out more about opening an International Parental Abduction Case here: http://travel.state.gov/family/abduction/Solutions/Solutions_3848.html

You may want to locate an attorney experienced in assisting parents with the return of abducted children. Whether your child has been abducted to a country which is part of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, or to another country, help is available. You may need the assistance of an attorney who is admitted to practice in federal court. Call the Law Offices of Virginia C. Cornwell today at 614-225-9316 to discuss your options.

Virginia Cornwell is admitted to practice in the U.S. District Court, Southern District of Ohio.

DISCLAIMER

Lost your Job? Need Your Ohio Child Support Lowered? Here’s what you need to know.

March 1, 2010

Ohio child support information from a Columbus, Ohio Child Support Attorney.

CHILD SUPPORT MODIFICATION AMIDST THE CURRENT ECONOMIC TURMOIL

It’s no secret that the U.S. and Ohio economies are struggling and that people are losing their jobs. Your child support order was based on your income at the time it was entered, so what happens when you suddenly find yourself unemployed, facing a factory or plant shut-down, or a reduction in pay?

1. Unemployment – If you find yourself laid off or unemployed, beyond your own control, then you may request an Administrative Review of your child support order. Your unemployment must continue for at least thirty days, then you may file a Request for an Administrative Review of the Child Support Order with your Child Support Enforcement Agency, or CSEA. Along with the Request form, you must submit relevant evidence of your change of circumstances, including any evidence that the unemployment was beyond your control, to your CSEA.

In Franklin County, once your Request has been received by the CSEA, packets will be mailed out to both parents. These packets are to be completed within 45 days with the current employment information, salary, etc for each parent. The actual review will be conducted by your Support Officer without the parents present. The recommendation will be mailed out and the parents will have 14 days to file an objection. If no objection is filed, then the recommendation will be adopted and your support order will be adjusted. If an objection is filed by either parent, the CSEA will schedule an Administrative Hearing. The parents will have an opportunity to present their case for or against a modification during the Hearing. A written Administrative Hearing decision will be mailed to the parents and they will have another 14 days to appeal the Hearing decision. If an appeal is filed, then the issue of child support modification will be transferred to the Court and the Child Support Enforcement Agency will no longer be part of the process.

You can find the Franklin County Child Support Enforcement Agency’s Request for an Administrative Review at the following link: http://support.franklincountyohio.gov/assets/forms/modification-review-request.pdf

A helpful FAQ can be found on the Franklin County Child Support Enforcement Agency’s website:

http://support.franklincountyohio.gov/client-services/support-order-modification.cfm

2. Factory or Plant Shut-Down – If you find that you are unemployed after a shutdown or mass layoff at your factory or plant, you may be able to file a Request for an Administrative Review of your child support obligation. This type of Request for an Administrative Review may be made after your last day of employment. You must also be able to provide a copy of the notice of the mass-layoff or shutdown to the CSEA.

The process for an administrative review of your child support order under these circumstances will be the same as the process detailed in the previous section.

You can find the Franklin County Child Support Enforcement Agency’s Request for an Administrative Review at the following link:

http://support.franklincountyohio.gov/assets/forms/modification-review-request.pdf

The CSEA will refer to the Worker Retraining and Adjustment Act to determine the definitions of mass-layoff and shutdowns. More information on the Worker Retraining and Adjustment Act can be found at:

http://www.dol.gov/compliance/laws/comp-warn.htm

3. Reduction in Pay – If you find that your pay has been reduced by 30% or more, you may be able to file a Request for an Administrative Review or your child support obligation. This type of request for an Administrative Review requires that your gross income has been reduced by 30% or more, the reduction was beyond your control, that the decrease in gross income has existed for at least six months, and that the decrease is expected to continue for an extended period of time.

The process for an administrative review of your child support order under these circumstances will be the same as the process detailed in the previous section.

You can find the Franklin County CSEA Request for an Administrative Review at the following link:

http://support.franklincountyohio.gov/assets/forms/modification-review-request.pdf