Child killer may still get alimony payments

[Nocgirl]

This is absurd, sorry if this is already posted. I wonder if the husband can sue the ex wife for pain and suffering and get her to pay him back? What a total B****!! If I were this guy, I would refuse to pay her anything, even risk going to jail. I would be leaving the country if I were him. This woman is a :loser:

http://family-law.lawyers.com/news-headline/Mom-who-killed-son-may-still-get-alimony-Court-rules-dads-payments-could-resume-when-his-ex-wife-is-released-from-prison-l:705656044.html

[MagicRose99]

What an idiot court system... she kills her son, she gets 3 years for it and now expects the ex to continue forking out money to her?!?!

Quote from article in link above:
"An autopsy ruled the death a homicide by blunt force trauma to his neck. During the fight, Matthew sustained an extremely rare neck injury, according to the decision.

Linda Calbi pleaded guilty to aggravated assault in 2006 and was sentenced to three years in prison.

After Matthew's death, his father fell behind in alimony payments and repeatedly asked a judge to reduce or terminate alimony. In 2006, a trial court judge suspended the payments, but granted Linda Calbi's request to get roughly $40,000 in missed payments. The appeals court yesterday continued the suspension of alimony and vacated the overdue payments."

[believe09]

Stupid Question-who has custody of the second child and will her rights to the second child be reinstated when she is released? I would be more worried about this if I were Dad...

[MagicRose99]

The article states after a "violent drunk" Dad kept the kids... the oldest was killed during an overnight visit with the monster.

[luthersmama]

The court just did what the law allows. Like the article said, if the state legislature wants to change the statute about alimony, it can do so. But the court has to follow the rules as written.

[Luzer]

The ex husband should sue her in civil court for killing Matthew. The payments she would owe him should surely be bigger than any alimony she would be entitled to according to state law.

[southcitymom]

The court just did what the law allows. Like the article said, if the state legislature wants to change the statute about alimony, it can do so. But the court has to follow the rules as written.

Exactly. It's a very solid decision, upheld by years of law and case law. Alimony is different than child support. Sometimes I think people feel like Judges can (should) just make things up in their opinions and rulings. They can't and shouldn't - they are confined by law and facts.

[MeoW333]

Only 3 years? For killing her son?? What the H#ll is wrong with our justice system? Was there a payoff involved? Ridiculous..

[Nocgirl]

There has to be some sort of loophole that prevents a spouse from paying alimony to an ex spouse that has committed a henious crime. Alimony is not a necessity-it is a luxury and if she needs income when she gets out she can go get a job.

If I were this man, I would absolutely refuse to pay her a dime even if it meant going to jail. You know there are alot of attorneys willing to help this man out pro bono because the case is absolutely absurd.