California Court Ordered Mom to Pay Spousal Support to Man Who Allegedly Raped Her Daughter for Years

May 9, 2013
By Thomas M. Huguenor on May 9, 2013 9:30 AM |

875412_balance.jpgIn San Diego and throughout California, the court may order one spouse to pay the other a certain amount of money each month when a couple divorces. This is called "spousal support" - or as many people know it, "alimony." In determining the amount, courts will look at a variety of intricate factors, including the length of the marriage, the standard of living throughout, the ability of each spouse to have a job, the potential impact on any children, age and health of the spouses, and their debts and property, just to name a few. There are countless considerations that only an experienced, local San Diego Family law attorney can help sort through to create the best possible spousal support plan.

Sometimes, the award of spousal support may not seem fair. According to Fox News accounts, when California mother Carol Abar married Ed Abar, her daughter was just nine-years-old. Shortly thereafter, Ed Abar began raping the child, who did not tell her mother for fear of his threats. Sixteen years later, when her daughter finally told Carol about the assaults, she promptly divorced him. During the divorce proceedings, a judge ordered Carol to pay her ex-husband $1,300 in alimony each month, despite her allegations of abuse toward her daughter. In rendering the support award, the judge allegedly told Carol that she had no proof of her husband's criminal conduct.

Carol has been paying alimony until last year, when further reports indicate that Ed Abar pleaded guilty to one of four rape charges and was sentenced to over a year in jail. At this point, a judge temporarily halted the spousal support payments, which had accrued to approximately $22,000 over the years. After serving the required sentence, Ed Abar was released and is now actually seeking an order from the court - to reinstate his alimony payments.

Keeping in mind that Abar was convicted of raping Carol's daughter, he nevertheless, asked the court for a resumption in support payments as well as $33,000 in past due support. There seems to be somewhat of a "loophole" in California law as it concerns domestic violence. For instance, in making determinations regarding the award of spousal support, courts will take into account, documented evidence of any history of domestic violence between the spouses. There is a "rebuttable presumption" against giving spousal support to an abusive spouse who has a criminal conviction for domestic violence against the other spouse.

Up until last year, California state law required a victim of spousal abuse to pay support to her attacker after a divorce. Governor Jerry Brown signed Assembly Bill 1522 to close that loophole, but there still happens to be no specific provision preventing child abusers from receiving spousal support.

It will be interesting to see whether the court orders a resumption of support payments. The way the law in California stands now, the court is not required to consider Ed Abar's repeated child abuse. Spousal support issues can be extremely complicated to sort through and, more often than not, require a full and comprehensive understanding of the local laws and procedures.

Thomas Huguenor, a divorce attorney certified by the State of California, has represented people in San Diego with spousal support matters for over 35 years. Contact us today online or at (858) 458-9500 to schedule a free and confidential consultation.

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