Category Archives: Divorce

Retirement Account Gains After Date of Divorce

The Law Office of Anthony W. Greco successfully challenged an award of gains on a retirement account to our client’s Ex-Wife.  The parties were subject to a decree that stated “[a]ll retirement assets of the parties shall be equalized as of [the day of divorce].”  Three years later, Ex-Wife filed a motion to enforce the terms of the decree, as one of Husband’s accounts had not been divided yet.  Ex-Wife claimed that she was entitled to at least $443,225.24.  The Trial Court ruled for Ex-Wife and awarded her $220,000 from the retirement account.  Husband appealed this ruling.

Wife Not Entitled to Gains

Our firm successfully argued that the Ex-Wife had no claim to the gains that had accrued since the divorce.  The Appeals Court applied the “normal rules of contract interpretation” to analyze the statement “[a]ll retirement assets of the parties shall be equalized as [the day of divorce].”  The Appeals Court determined that the decree was unambiguous in its intent to divide the assets equally based on their value as of the date of divorce, and that “the language of the decree [did] not indicate that [Ex-Wife], a non-participant under the retirement plan, has any right to any gains or losses on the assets accruing after [the date of divorce].”  The Appeals Court found for our client and overturned the Trial Court’s ruling, saving our client $220,000 in gains on his retirement account.

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Attorney Anthony W. Greco has over 25 years experience fighting for his clients.  Our firm consists of numerous talented attorneys, each with the extensive knowledge and skill necessary to protect our clients’ interests.  As a result, every member of our team treats each client’s case as unique, focusing on what is important to that individual client.  We represent clients in disputes regarding various family law matters, including fights over retirement accounts, gains, and other financial interests.  Click Here to contact us and see what sets us apart from other firms.

Service Was Not Complete Because Wife Never Touched the Papers

The Law Office of Anthony W. Greco successfully defended a Client in a battle over service and jurisdiction. Husband and Wife had filed competing divorce cases in Franklin County and Pickaway County.  Husband filed the Pickaway County case, while Wife had filed the Franklin County case.  In his Franklin County case, Husband asserted that Wife had been “personally served” with the Husband’s divorce papers, by a court-appointed process server.  However, the court determined that she had not been personally served, resulting in the dismissal of the Pickaway action.

Court Ruling Service was Incomplete 

In this case, Husband claimed although the process server made his service attempt at night, never got within 50-ft of Wife, and never physically handed the papers to her, that Wife had been personally served.  Further, he argued, that this meant that venue was proper in Pickaway County.

The Court determined that Wife had not been personally served as required by Civil Rule 4.1 (B), because the process server failed to “tender process to the wife personally.”  The Court of Appeals affirmed the trial court’s decision that service was incomplete “because [the process server] did not personally touch [wife] with the papers and she did not acknowledge service, and his having left them in the door was not sufficient because they fell to the ground when she opened the door and she left the papers there.”  This outcome allowed our client to proceed with her divorce action in her preferred venue, Franklin County.

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Attorney Anthony W. Greco has over 25 years experience fighting for his clients.  Our firm consists of numerous talented attorneys, each with the extensive knowledge and skill necessary to protect our clients’ interests.  As a result, every member of our team treats each client’s case as unique, focusing on what is important to that individual client.  We have represented numerous clients in disputes regarding nearly all matters within family law, including fights over service and jurisdiction.  Click Here to contact us and see what sets us apart from other firms.

Bankruptcy Could Increase One’s Ability to Pay Spousal Support

The Law Office of Anthony Greco successfully defended the trial court’s ruling regarding an award of permanent spousal support, an order to liquidate $30,000 in unpaid support, and attorney fees.  The divorce decree provided for Ex-Husband to pay our client spousal support.  Four months later, Wife filed a Motion for Contempt for Ex-Husband’s failure to pay his spousal support obligation.  The same month Ex-Husband filed for Chapter 13 bankruptcy protection.  As a defense, Ex-Husband argued his disabled status, according to the Social Security Administration, and his filing for Chapter 13 Bankruptcy made it impossible to afford the spousal support payments and the lump sum payment to liquidate his “arrearage” (otherwise known as the amount he was behind on his payments).

Appeals Court Upholds Spousal Support Despite Bankruptcy

However, our firm successfully refuted Ex-Husband’s argument on appeal.  We argued that the trial court considered that his business was unprofitable and that he was contemplating bankruptcy when our client received the spousal support award.  The Appeals Court stated that the Ex-Husband’s bankruptcy “…actually eliminated or reduced most of his debt and expenses”.  The Court further held that because Ex-Husband was receiving Social Security Disability benefits he was in a better financial situation to pay the support than he was when the court originally ordered the payments.  Overall, our client retained her spousal support, payments to liquidate the arrearage, and attorney fees.

Contact Us

Attorney Anthony W. Greco has over 25 years experience fighting for his clients.  Our firm consists of numerous talented attorneys, each with the extensive knowledge and skill necessary to protect our clients’ interests.  Every member of our team treats each client’s case as unique, focusing on what is important to that individual client.  We have represented numerous clients in disputes over their spousal support, as well as other matters within family law.  Click Here to contact us and see what sets us apart from other firms.