Mom who killed son may still get alimony

Kris_LTRMa

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Mom who killed son may still get alimony
Court rules dad's payments could resume when his ex-wife is released from prison
Thursday, November 22, 2007
BY KATE COSCARELLI
Star-Ledger Staff

A father whose ex-wife killed their son in a drunken rage does not have to pay alimony while she is in prison, but may have to resume payments when she gets out, a state appeals court ruled yesterday.

A three-judge Appellate Division panel found there is nothing in the law that would automatically stop alimony payments to a former spouse who killed a child.

The judges said the Legislature has the power to change the law, but in the meantime, Linda Calbi can seek alimony again when she is released from prison. Christopher Calbi would have to show that his ability to pay has changed in order to get the payments reduced, the ruling said.

In a compassionate, 17-page decision, the judges wrote that when Linda Calbi killed the couple's 14-year-old son, Matthew, she caused "grievous" emotional and psychological pain for her ex-husband. They said they understand his resentment about paying her support.

"The death of a child is the greatest tragedy a parent can endure -- in part because it is shockingly out of the ordinary sequencing of time and of generations," wrote Judge Donald Collester. Yet as dreadful as the circumstances are, the law provides no "automatic disqualification," the decision said. The best the judges could offer was a hearing.

"We cannot mend the hole in Christopher's heart anymore than we can expiate Linda's guilt. However, what we can and must do is consider whether the impact of Matthew's death on Christopher resulted in an economic change of circumstances such that his ability to pay alimony was prevented or hindered," wrote Collester, who was joined by Judges Edwin Stern and Jack Sabatino.

Both Calbis argued the case on their own behalf. Linda Calbi is in state prison; Christopher Calbi has no telephone listing.

The Calbis married in 1986. Their oldest son, Matthew, was born two years later. A second son was born in 1994. The couple divorced in 2001 and Linda Calbi was given custody and more than $3,000 a month in alimony payments.

In court papers, Linda Calbi is described as a violent drunk. After she overdosed on a mixture of alcohol and prescription drugs in 2003, Christopher kept the kids.

On an overnight visit in August 2003, Matthew and his mother had a fatal confrontation after he asked her to turn town the television. He dialed 911. At the hospital, doctors found internal bleeding and he died during surgery, court papers state.

An autopsy ruled the death a homicide by blunt force trauma to his neck. During the fight, Matthew sustained an extremely rare injury to his neck, 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.
Eighteen years in the court system and I still don't understand some of the decisions these judges hand down. :icon_evil
 

Ballbuster1

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#3
I've read more outrageous rulings. Some judges just walk
around with their head up their ass. I really doubt the founders
of this country had this kind of a clusterfuck country in mind
when they fought for independence.
 

Xyn

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Love to hear Ant's take on this shit.
 

Hudson

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Proof Again, Why Jersey Sucks!!!!!!!!
 

HummerTuesdays

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#6
The father needs to file a civil suit for wrongful death. At the very least he should ask for the amount of alimony he's paying. Fair? Probably not, but he needs to work the system instead of the system working him over.
 

Glenn Dandy

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#7
The father needs to file a civil suit for wrongful death. At the very least he should ask for the amount of alimony he's paying. Fair? Probably not, but he needs to work the system instead of the system working him over.
mayby you missed it kim.. but hes a man.

going to court and expecting anyone to care is like pushing rope.

trust me.
 

BCH

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#8
This isn't a bad decision actually. It never worries me to see judges refusing to legislate from the bench. They checked the law and there isn't anything in there. The legislative body needs to do their part now and write a law. It's kind of the way things work. But as HT has suggested, the best thing for him to do at this point is some kind of counter-suit for pain & suffering. That wouldn't be in family or divorce court anymore GD, so he should get a fair shake.

This is all predicated on the idea that she'll seek Alimony once released from prison. Which by the time she gets out, she may have changed her mind.
 

Glenn Dandy

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#9
Thats all fine n dandy on paper BCH.... but theres a matter of legal fees.

In my case for instance im gettting fucked and sure i could fight it and win... but it would cost more than im paying getting fucked.
 

roche

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#10
The question should be why did this bitch only get three years for murder?
 

mascan42

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#11
This isn't a bad decision actually. It never worries me to see judges refusing to legislate from the bench. They checked the law and there isn't anything in there. The legislative body needs to do their part now and write a law. It's kind of the way things work. But as HT has suggested, the best thing for him to do at this point is some kind of counter-suit for pain & suffering. That wouldn't be in family or divorce court anymore GD, so he should get a fair shake.

This is all predicated on the idea that she'll seek Alimony once released from prison. Which by the time she gets out, she may have changed her mind.
When there's a case a stupid as this, I prefer a judge that will set precedent by putting his foot down instead of backing off and saying "well, there's nothing on the books about this, so I see no reason to do anything about it". That's the sort of judge who's just collecting a paycheck and trying to get to retirement without making any waves.

Plus, when she gets out, she'll be a drunk ex-con with no job prospects. What makes you think she'd turn down the alimony?
 

THE FEZ MAN

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#12
she would have never made it to trial
 

Kris_LTRMa

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#13
she would have never made it to trial
Except then you'd be in jail Fez & your remaining kid would have lost both parents. Even if you were to hire someone you'd be their #1 suspect.

I don't quite understand the concept of alimony to begin with .... child support yes, but why should a guy have to pay his ex-wife money to support herself?
 

Xyn

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#14
Except then you'd be in jail Fez & your remaining kid would have lost both parents. Even if you were to hire someone you'd be their #1 suspect.

I don't quite understand the concept of alimony to begin with .... child support yes, but why should a guy have to pay his ex-wife money to support herself?
A woman can't earn a living in the work force.

Oh that's right, they can do anything men can do, my bad. Hell, stay at home wives work harder than their working husbands, right?

:arrrh:
 

THE FEZ MAN

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Except then you'd be in jail Fez & your remaining kid would have lost both parents. Even if you were to hire someone you'd be their #1 suspect.

I don't quite understand the concept of alimony to begin with .... child support yes, but why should a guy have to pay his ex-wife money to support herself?
would i? its a fact that most jury's are lenient on vigilantes, so drunk cunt X wife kills son, and said cunt does 3 years then milks me for more money after murdering her own son, its a win win, kill the cunt, take a plea bargain or just pull the temporary insanity deal, do your time, when you get out no more payments, and true justice for the murder, instead of the bullshit that is dealt out as "justice" in this country. that cunt killed her child in a drunken rage, if that was a man they would have tried for the death penalty or life in prison, instead cunt gets a bullshit plea bargain, thats another thing if it were me i would have NEVER approved that deal for her, that rotten cunt should spend the rest of her life behind bars, or dead. that would have been the choices that i would have given her. and she would never get another dime out of me, if i had to run to the ends of the world.
 
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