Legislators propose linking abuse to alimony requests
Members of the Committee heard testimony from Carol Abar of Riverside, the Press-Enterpise reports. She divorced her husband of 18 years in 2009 after their daughter told that her that he had been sexually abusing her for many years. However, after the divorce he was ordered to pay him alimony because she earned more money than her former husband and her allegations had not been proven in court.
She paid him a total of $22,000 before he was jailed, after pleading guilty, in February last year.
Abar told the Committee: “I cried every time I had to write that check because of what he did to my daughter.”
On his release, however, her former husband then applied for resumption of the alimony.
In May, her former husband’s attorney insisted that he was still entitled to the payments despite his jail sentence:
“Under the law, he is entitled to some relief from the higher income-producing spouse, so that the marital standard of living can be maintained.”
But this argument was rejected by a judge, who told the attorney to “to tell his client that he’s wasting his time and money.”
A scheduled hearing was cancelled.
Carol Abar told the Committee members:
“I’m here to help other people so they don’t have to go through the same thing, whether it be a man or a woman going through it.”
Republican assemblywoman Melissa Melendez tabled the draft bill with Democrat opponent Nancy Skinner, who reportedly shares her outrage at the case. Melendez said she hoped the new draft bill would prevent similar situations in the future:
“We want to make sure this doesn’t happen to another family. It’s adding insult to injury.”
The draft bill will now go before the full Californian Senate.
Photo of Riverside by Qwerty510 via Wikipedia
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Marilyn Stowe is the senior partner in Stowe Family Law, which has offices in Yorkshire, Cheshire and London. With more than 30 years’ experience handling divorce cases and family law proceedings she is regarded as one of the most formidable and sought after divorce lawyers in the UK. In 2012, Marilyn became one of the first solicitors to qualify as a family law arbitrator.
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