DesideriScuri -> RE: Would someone please explain how the FUCK a judge can even consider this? (5/8/2013 8:32:29 AM)
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ORIGINAL: vincentML The girl was 9 years old when the rapes began. They lasted for 16 years. So, she was 25 years old when she complained to her mom. Hmmmm . . . maybe there's more to the story. The girl says she feared for their lives. Might have been true. Sometimes false accusations of child abuse have been used against men in divorce cases, however. Wonder if the rape charges came out after the alimony judgment was handed down. Wish we had more info on the time lines here. From the OP's link:quote:
Once Carol Abar found out, she filed for divorce before rape charges were brought against her husband. Since she made more money than Abar, she was forced to pay alimony -- $1,300 a month. She filed for the divorce after finding out about the rapes. Approximately 1½ years later, he was sentenced to jail. Further:quote:
Now out of jail, Abar has filed to reinstate the support, according to Brian Uhl, Carol Abar's attorney. "He's asking not just to resume the existing support of $1,300 a month, but he's asking for what amounts to approximately $33,000 in past due support and that too is a miscarriage of justice," said Uhl. Abar's lawyer Sherry Collins said he only pleaded guilty to escape a harsher jail sentence and said he deserved the money. "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," said Collins. And under California law, child abuse is not specifically mentioned. Given Abar never abused his wife, the judge could rule in his favor. Carol Abar said, "He victimized a little girl all these years and I have to pay him for that behavior... it just doesn't make sense to me." I think it's pretty ballsy of him to ask for "back support." Based on the law presented in the article, he is owed spousal support. Since there was no mention of why a judge temporarily stopped the payments, I have no idea if back support would be warranted, or if it is just to be restarted and continue on for however many months haven't been paid.
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