BRUTAL DIVORCE TACTICS: Should Killer Linda Calbi Get Alimony?
April 5, 2008
In November a decision was issued in the case of Linda Calbi, who is serving a three-year prison term after pleading guilty to beating her son to death. The presiding judge suspended her alimony payments during incarceration, however making it clear that Linda is eligible to receive them again upon her release from prison. Her Ex-husband Chris Calbi had been paying Linda over $3,000 a month until her incarceration, and I can assure you is not looking forward to being saddled with that amount when Linda is paroled. Our friends over at Brutal Divorce Tactics have a very insightful podcast featuring California Attorney John L Welch who does a terrific job making sense of it all. Look for the link at the bottom of this post to play the podcast.
We’ve typed out the questions that are asked in this podcast. Some great information here:
Questions discussed in the Brutal Divorce Tactics podcast
1. Americans were outraged by news reports about a man in New Jersey forced to pay alimony to his ex-wife who’s in prison for murdering one of their children. When anyone is convicted of a felony, they lose certain rights in our society – they can’t vote, they can’t carry a concealed weapon. Do you think we’ll see the day when a man won’t have to pay alimony to his ex-wife if she’s a convicted murderer?
2. California has a recent law which created a presumption that a victim of domestic violence should not be required to pay support to a violent spouse. Is that correct, can you tell me a bit about this law.?
3. Many men are going to ask… How in the world can she even put up a case for visitation rights to Dean when she was abusive to his older sibling?
4. We’ve all heard about the Deadbeat Dad that goes to jail for failing to make child support payments. Let’s say this fellow in New Jersey with a murderer for an ex-wife says, “Fugedabodit, I’m not sending her any more alimony!”. Can a man go to jail for not paying alimony?
5. The system seems like it is setup to financially drain this man who is having to raise his other son on his own. These huge alimony payments obviously are hurting him so badly, What can he do to prevent mom from being able to claim that DAD is an unfit father in order to take sole custody, and prevent her from moving as far away as possible?
6. Could he inform the court that he refuses to recognize their authority in this matter of adjudication and that his human rights, not just his civil rights have been violated as well as those of his son. Could he file a civil rights violation against the Attoreny General and file a human rights violations petition with the United Nations so that shame may be brought upon the state, the governor, the legislature, the court and the Attorney General.
7. Would this be an effective brutal tactic in his favor: find a female doctor to testify that due to depression and post-traumatic stress brought on by the mother’s murder of his child, he had to take a lower paying job with reduced hours while seeking mental health counseling. And he needs extra time in taking care of his surviving child, who is also suffering from the effects of the incarcerated Mother’s actions?
8. Can she also claim entitlement to part of the proceeds of the malpractice award against the hospital?
9. Apparently this alimony-for-a-murderer story is not all that rare an occurrence. But legal commentators say it was an unforeseen happenstance in Family Law and after all, the laws cannot possibly address every possible scenario that can come up. Are there other scenarios in Family Law that are not covered by existing laws which should be?
10. One commentator on CNN said the alimony-for-a-murdered incident was just one more example of how Family Courts in this country are systemically biased towards women, even to the extreme of ordering a man to pay alimony to his ex-wife that murdered one of their children. Are there other ways you see the Family Court system being stacked against men seeking a divorce?
11. OK, so the divorce process favors women and awards alimony when it doesn’t seem the fair thing to do. Is there anything a man can do to avoid the alimony pitfall or is alimony just another price a man must pay for getting a divorce?
12. The Brutal Divorce Tactics Just For Men Edition outlines a variety of bad things a man should prepare for if his soon-to- be-ex decides to play dirty. In terms of alimony, what types of things should a man watch out for when a conniving wife decides she’s entitled to a fat check every month?
13. Let’s say a man’s financial condition changes somehow after the courts have set the amount of alimony due to his ex-wife. Maybe he’s lost his job. How hard is it for a man to go back to court and get this alimony reduced so it’s not an unmanageable burden on his life?
14. Just to make sure, when a man’s ex-wife remarries, he’s immediately off the hook for alimony, correct?
15. But when a man’s wife remarries, he still must pay child support payments or does that go away like alimony does?
16. Finally, could a man make a one-time cash settlement with his ex so he wouldn’t have to pay her alimony or is that just a bad idea?
Editor’s Note: The information contained in these podcasts, is provided as a service to the Internet community by Brutal Divorce Tactics, and does not constitute legal advice. We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to from these podcasts. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel.