Mansell vs. Mansell, 03-LW-3489 (5th Ohio)

Sep 02, 2003

OUTCOME: Affrimed

I argued to the trial court it should apply the present value of the adverse party's social security benefits against the public employee benefits of my client as an offset. The trial court agreed. The ... net result was the adverse party, instead of receiving slightly more than $17,000.00, received just over $900.00. Other factors went into the reduction in amount, but this was most significant. The court of appeals agreed stating, "We believe that allowing consideration of Social Security benefits in relation to all marital assets is the more reasoned approach." The significance to me is two days before oral arguments the Supreme Court of Ohio issued a like decision in Neville vs. Neville. But for the timing of the cases, Ohio attorneys would possibly be citing the Mansell case rather than Neville.