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Sunday, December 2, 2007

Christopher P. Calbi v. Linda J. Calbi

11-21-07 A-5053-05T1

Former husband sought termination of alimony obligation to
former wife for causing the death of their fifteen-year-old son
and her subsequent conviction for second-degree assault. Held
that the facts of the case did not constitute "egregious fault"
so as to terminate alimony. However, the former husband is
entitled to show how the death of his son and its effect upon
him led to adverse economic consequences including accumulated
arrears. Further held that both alimony and payment on arrears
suspended while former wife is incarcerated, and upon her
discharge she is required to make an a new application for
alimony.