my friends husband got arrested for domestic violent, assault and battery against his wife and son. he went to jail.. got put in a long term rehab now.. she is getting divorced from him.. yesterday she got a notice in court to pay his rehab and pay him support... WTF? How is she responsible for this financially when the crime was commited against her ? She works 2 jobs and cannot even pay the mortgage ..
explain the justice ?
2007-10-27 02:44:33 · 15 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Ain't the law just wonderful? You really have to wonder how far 'STUPID' goes in the branches of government.
2007-10-27 03:56:40 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Sounds like he got a better lawyer than she did. She needs to go back to court to contest the ruling.
The DV charge and the divorce are 2 separate and distinct issues. They are adjudicated by different courts and unless she raised the issue in the divorce proceedings the judge wouldn't even be aware of it. All he or she would see on the surface is an unemployed man in rehab vs a woman with 2 jobs. It's up to your friend and her attorney to make sure that the divorce judge sees the true picture.
2007-10-27 11:14:44 · answer #2 · answered by Bostonian In MO 7 · 1⤊ 0⤋
It's easy the same way MEN always get the crap end of the stick and end up having to pay for women. It's funny how women always EXPECT the man to do this and the man to do that, but they're never ready or willing to hold up to their end of the bargain.
Just like alimony. If you have the money and the other person doesn't (because he was locked up) then you have to foot the bill. Remember that why you got married. It's through THICK AND THIN till DEATH. I'm sure being beat up by her husband was probably something that happened before she got married. So she made a mistake, a stupid one, but unfortunately she has to pay. Deal with it.
Next time she should make better choices in choosing a husband.
2007-10-27 09:55:50 · answer #3 · answered by Anonymous · 2⤊ 0⤋
The crime and the divorce are to different things. If she was the bread winner and has been supporting him, the courts will rule she must continue to do so. His arrest may have been an isolated incident (or not) Without knowing the entire case, the entire financial backround and marriage history it is difficult to make an assessment of the courts decision. Yes, he may have hit her but that is only one small aspect of their relationship. Unfortunately courts are ruling more and more that women must support the men in divorces. Its something us men have been dealing with for quite sometime.
2007-10-27 10:12:37 · answer #4 · answered by Anonymous · 1⤊ 0⤋
It isn't fair, however the law requires that she pay for part of his rehabilitation because they were married at the time and are still married now. She will be cahrged a sum that is based on her ability to pay, according to a set formula, as if they were divorced and she were paying support. It is legal, not fair.
2007-10-27 09:51:57 · answer #5 · answered by fangtaiyang 7 · 3⤊ 0⤋
If she makes more than him the law states he is entitled to alimony.
Why do women hate it when the tables are turned?
And I am not defending him as any man that hits a woman is a coward. But what is happening is the right thing under the law.
2007-10-27 10:00:27 · answer #6 · answered by Anonymous · 2⤊ 0⤋
spousal support goes both ways. she can take him to court over this, or fight it in court. you can sue someone for anything in this country. whether he wins is another story. and if they were married when he went through rehab, then yes she can be financially responsible for paying for it.
2007-10-27 09:52:51 · answer #7 · answered by Anonymous · 1⤊ 0⤋
I believe I would consult a victim's advocate for domestic violence. While the law of the land probably does support this position, it is absolutely wrong. If it's happening to her, it's happening to others, and someone needs to speak up. She shouldn't have to pay for care of the man who hurt her.
2007-10-27 10:20:00 · answer #8 · answered by .. .this can't be good 5 · 1⤊ 2⤋
thats the joy of marriage and divorce, usually the one who is better off gets to pay the other one
2007-10-27 09:47:19 · answer #9 · answered by Anonymous · 2⤊ 0⤋
The courts will go where the green is-they want to get paid.
2007-10-27 09:54:32 · answer #10 · answered by Thomas E 7 · 1⤊ 1⤋