Submit your claim details for a free, no obligation case review.
Get Started:
A woman who killed her 14-year-old son may still be eligible for alimony from her ex-husband when she is released from prison, a New Jersey appeals court ruled last week.
According to a three-judge panel, the law does not disqualify Linda Calbi from receiving alimony payments because she killed her son. The panel, however, did acknowledge Christopher Calbi’s resentment over having to pay her support.
A Deadly Confrontation
The couple married in 1986 and divorced in 2001 after having two sons. Custody of the children was given to Linda Calbi, and she was also granted $3,000 a month in alimony. Christopher Calbi began keeping the kids in 2003 after his ex-wife overdosed on prescription drugs and alcohol.
In August of that year, the couple’s oldest son, Matthew, was on an overnight visit with his mother. The visit culminated in a deadly confrontation when he asked his mother to turn down the volume on the television.
Matthew called 911, but he ended up dying during surgery at the hospital. An autopsy showed that he had sustained a rare neck injury caused by blunt force trauma.
Last year, Linda Calbi pleaded guilty to charges of aggravated assault and is now serving a three-year prison sentence.
Payments Temporarily Suspended
Christopher Calbi fell behind in alimony after his son’s death and requested that the court to terminate or reduce the payments. The payments were suspended by a trial court judge, who ruled that Christopher must still pay $40,000 in missed payments.
The appeals panel decided to suspend both the monthly and the overdue alimony. However, the court said Linda Calbi could seek to have the payments reinstated once she is released, and her ex-husband’s only recourse would be to show that his ability to pay has changed.
“The death of a child is the greatest tragedy a parent can endure,” Judge Donald Collester wrote in the opinion. Nevertheless, nothing in the law allows for an “automatic disqualification” of alimony.
(Source: The Star-Ledger online)
Have an alimony dispute? Contact a divorce attorney near you today to discuss your legal options.