Moving Swiftly When a Client Has Been Cut Off From Funds
When Pickerington resident Charles “Chuck” Smith’s wife moved out of their shared apartment at the Sycamore Creek senior living facility, Chuck found himself stranded and without access to the couple’s real estate investment income. With very little in his personal checking account, Chuck wondered how he would pay the rent. His banker urged him to retain Hilton Parker LLC to get access to his funds.
Attorney Hilton filed Chuck’s divorce paperwork in Fairfield County and moved swiftly for temporary spousal support. Chuck’s wife’s attorney, however, argued that the rental houses the couple owned didn’t actually turn a profit after expenses–meaning Chuck shouldn’t receive any help.
Mr. Hilton and Mr. Parker worked with Chuck and his banker to scrutinize the bank statements, tax returns, and other evidence. Using his knowledge of federal tax law, Mr. Hilton realized that the “expenses” claimed by Chuck’s wife’s attorney consisted largely of depreciation taken as tax write-offs. Mr. Hilton then argued to the Court that because depreciation is merely a tax convention, and does not affect a rental property’s cash flow, it should not count against Chuck receiving spousal support.
The Court agreed, and Chuck was granted access to half of the rental income plus $900 per month in spousal support. The other attorney filed an objection, but failed to follow the correct procedure according to Fairfield County’s local rules and the Ohio Rules of Civil Procedure. The objection was kicked out of Court, essentially forcing the other side to settle on terms favorable to Chuck before trial.
Chuck, who is in his 90s, got enough in the divorce settlement to anticipate being able to live out the rest of his days at his comfortable apartment at Sycamore Creek. He sends the firm a Christmas card each year and recommends Hilton Parker LLC to his family and friends. His banker does, too.