"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."
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."
