I received this today from Bruce Eden. I share his outrage with regard to this case. I wish I knew a bit more about the history of this case, though. Why, with her history, was she granted custody? Evidently, the father had some money… the original award was over $3000 per month permanent alimony. Generally, in a case like this, modification is not generally allowed, since the judges assume that the guy got some kind of consideration (property or something) to account for the agreement to the alimony. That said, I still agree with everything Eden points about……. (full text of decision included below…
Bruce Eden said…..
It’s amazing that the NJ Appellate Division can’t figure out what egregious circumstances for noneconomic fault to eliminate alimony is:
“But we do not read the present statute nor the analogous case law to create that automatic disqualification. Rather, whether noneconomic fault constitutes “egregious circumstances” sufficient to deny or terminate alimony must be decided on a case-by-case basis. We hold that in the factual complex of this case Linda’s conduct, dreadful as it was, does not fit the Mani standard for non-economic “egregious circumstances” sufficient to deprive her of needed support. The contrary result would simply add additional punishment to her criminal conviction and incarceration.”
Amazing!!!!! They do it for adultery, which is an egregious noneconomic fault. What’s worse than a parent killing her child and making the other parent pay for her largesse afterwards?!?!?!
Maybe it’s time to seek impeachment of these appellate judges.
Bruce Eden, Civil Rights Director
DADS (Dads Against Discrimination)–New Jersey & New York Chapters
“Christopher certified that Linda was an active and violent alcoholic who abused and assaulted him, at times with a kitchen knife and a hammer.”
Automatic, no brainer, child custody for mother by courts in New Jersey.
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
SUPERIOR COURT OF NEW JERSEY
DOCKET NO. A-5053-05T1
CHRISTOPHER P. CALBI,
LINDA J. CALBI,
Submitted January 18, 2007 – Decided
Before Judges Stern, Collester and Sabatino.
On appeal from Superior Court of New Jersey,
Chancery Division, Family Part, Bergen County,
Christopher P. Calbi, appellant pro se.
Linda J. Calbi, respondent pro se.
The opinion of the court was delivered by
This sad case raises the issue as to whether a change of
circumstances resulting from the wrongful death of a child
caused by an alimony recipient terminates or reduces the alimony