Case Summaries & Results

Psychological Disorders

This case was referred to us by an existing client who had been very pleased with our services.  This new client was married to a wife who was suspected to have a borderline personality disorder.  There were two children and we were very concerned for their well-being since the mother was seeking full custody.  We were successful in convincing the court to order a full psychological evaluation of the parties and their minor children.  The psychological evaluation corroborated the fact that the mother did, indeed, have borderline personality disorder.  The recommendation was that full custody be placed with the father.  In a very unusual development, the mother demanded that she be entitled to another psychological evaluation.  The judge then ordered that she could avail herself to another evaluation but also permitted the father to arrange for his own back-up evaluation.  All three evaluations eventually confirmed the borderline personality disorder diagnosis and all three psychologists testified as to the significant limitations that this disorder would have on the mother’s parenting ability.  The court awarded sole custody to our client, the father, and standard parenting time for the mother. 


Hiding Assets in a Divorce Proceeding

Our client was seeking a divorce from the owner of a medical practice whom she believed was attempting to secret (hide) assets. The client has raised the children and managed the affairs of the household, and she had no income or job outside of the home. The husband (a doctor) claimed the practice had little value, cut off the wife and withheld access to bank accounts and investments.


Maintaining Privacy when Terminating a Marriage with Substantial Assets

When a couple has significant prominence in a community and substantial assets, it is often in their best interests (and those of their children) to maintain privacy in terms of the value of their assets and as to the details of how they are dividing them. Mr. Whipps has experience and a proven track record helping people to successfully and privately end their marriage. Mediation is an option for couples that wish to work together in a cooperative fashion, but still have genuine disagreement on a few substantial issues.


Protecting Substantial Investments in Real Estate that is being held for Development

In today’s economic circumstances liquidating investment property in an untimely manner can result in a substantial reduction of the net value received for that property. However, the parties may not wish to be forced to continue to participate with one another regarding ownership and other future decisions regarding the property, even though they would be best served to allow for future appreciation until that point in time when the potential for significant growth and development returns.


Mediation or Binding Arbitration

We have all heard stories of a couple with a high net worth taking years to litigate the issues related to their divorce, resulting in an emotional and financial toll on the couple, as well as the child/children involved. Mediation provides an excellent alternative for couples with substantial disagreement in major areas related to child custody and visitation (known as “Parenting Time” in Ohio) or division of assets and liabilities. Mr. Whipps can help to create the proper environment for a substantive conversation to take place, and guide each of the participants as they consider alternatives and decide upon a strategy that might work for them.


Valuation of an Interest in a Business or Professional Practice in a Divorce

Businesses and professional practices can and should be appraised by a skilled, experienced forensic accountant. The goal of this appraisal is to determine the most accurate valuation for that medical or professional practice or business ownership interest. Mr. Whipps works with his clients to bring the right team of experts together to protect their rights, while securing the most accurate assessment of the value for the related practice, company or business involved. In some cases, both parties will have their own independent appraisals done, and in those cases it is important work with the parties involved to discuss areas of difference and determine a resolution.


Significant Tax Planning is Essential

Individuals willing to cooperate with each other usually have much more flexibility to develop a strong solution that is fair to both parties, while preserving the asset involved and the interests of both. By incorporating careful tax planning, such as consideration of the different tax effects of orders for child support as compared to spousal support, they can have a substantial impact on both short and long-term tax results. Better alternatives can often be incorporated into the separation agreement (dissolution) and are usually acceptable to the court. Careful consideration should also be given to issues such as whether to make provisions for children’s college expenses.


Business Litigation and Valuation Experience

What is the impact of retaining an attorney with more than 30 years of trial experience? It is usually in a client’s best financial and emotional interest to resolve the issues surrounding a dissolution or divorce, when possible, without going through a trial. Some attorneys use “going to court” as a stick to intimidate other attorneys to accept the terms they are suggesting. Opposing counsel must consider the experience of Mr. Whipps, and his successful track record of success in litigated cases.




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