NEW MILFORD NEW JERSEY BERGEN COUNTY DIVORCE ALIMONY ATTORNEY

Fatally beating a child in an alcoholic rage does not reach the level of fault that would justify ineligibility for alimony under New Jersey law. "Nothing . . . prevents the Legislature from amending the alimony statute to specify that a former spouse's criminal act in taking the life of one of the parties' children per se disqualifies the ex-spouse from receiving alimony. But do not read the present statute nor the analogous case law to create that automatic disqualification" This ruling permits Linda Calbi, who pleaded guilty to second-degree aggravated assault for a violent altercation that caused the death of her son, to reapply for alimony after her anticipated release from prison in November 2008.     Calbi v. Calbi, ___N.J. Super. ___ (App. Div. 2007); New Jersey App. Div., November 23, 20007 <http://pdfserver.amlaw.com/nj/Calbi.pdf>