Mowery Youell & Galeano, Ltd.
Mowery Youell & Galeano, LTD. Attorneys at Law
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September 2012 Archives

Ohio divorce may require planning for some high asset couples

Ohio readers who are going through a high asset divorce may be interested to learn what some authorities are saying about the importance of financial planning prior to the filing of a dissolution. This divorce planning can offer benefits to spouses in a marriage that is ending, both during and after the divorce process. These benefits include developing an understanding of the financial life of the couple and reducing the likelihood of financial mistakes during the dissolution process.

Supreme Court Rules on Workers' Compensation Retaliation Notice Letter Requirements

In Lawrence v. City of Youngstown, Supreme Court Case No. 20120Ohio-4247 (September 20, 2012), the Ohio Supreme Court recently resolved a longstanding dispute among the Ohio district courts of appeals as to when an employee is required to deliver a 90-day notice of workers' compensation retaliation letter to an employer to comply with R.C. 4123.90. Prior to this decision, some courts held that the notice letter must be delivered to the employer within 90 days after the date of discharge. Other courts held that the notice letter must be delivered within 90 days after the employee receives notice of his discharge.

Finding an answer to unpaid child support

Many custodial parents in Ohio know that it can be sometimes be difficult to collect court-ordered child support payments. This can be due to intentional, long-term refusal of the other parent to pay, even when he or she has the means to do so. However, nonpayment can also result from situations in which a noncustodial parent has a history of making their payments but suddenly stops. The change is often due to a significant life event such as a job loss. One state is trying to deal with these individuals in new ways to help increase the amount of child support payments collected each year.

District Court Dismisses NLRB Secret Ballot Amendment Challenge

Recently four (4) states (Arizona, South Carolina, South Dakota and Utah) enacted secret ballot elections amendments to their state constitutions designed to protect an employee's right to vote by secret ballot for employee representation. The amendments guarantee when local, state or federal labor law permit or require elections, designations, or authorizations for employer representation, an employee's right to vote by secret ballot.

Ohio readers learn details of TomKat divorce settlement

Celebrity divorces make headlines in Ohio and elsewhere for a variety of reasons, often stemming from conflict over the division of property between spouses who are both famous and wealthy. Many expected this to be the case in the recent divorce between Tom Cruise and Katie Holmes. However, in this celebrity divorce case, the terms of the dissolution appear to have been settled quickly and without a great deal of contention between the two. Reports suggest that when it came to splitting their assets, Holmes received very little of her husband's estimated $250 million net worth.

Agency's Double-Dipping Prohibition Disparately Impacts Older Workers

The Ohio Court of Claims recently found policies prohibiting the hiring of candidates who were also receiving retirement benefits constituted Age Discrimination due to their disparate impact.  In Warden v. Ohio Dept. of Natural Resources, 2012-Ohio-3854 (Ohio Court of Claims, Apr. 4, 2012), the Court found for the applicant as the policy could only impact employees over 40 years of age.

Why Ohio divorce can be a positive decision for families

As we have said before, divorce is not an easy for choice for many couples in Ohio. The dividing of assets, especially when you have many, and time with children are just a few of the complicated issues that can give pause to a person considering ending their marriage. However, at least one authority has recently pointed out that there are an equal number of good reasons to get a divorce as there are to choose not to.

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