Fatally beating a child in an alcoholic rage does not reach the level of fault that would justify ineligibility for alimony under New Jersey law, a state appeals court has ruled.

“Nothing … prevents the Legislature from amending the alimony statute to specify that a former spouse’s criminal act in taking the life of one of the parties’ children per se disqualifies the ex-spouse from receiving alimony. But we do not read the present statute nor the analogous case law to create that automatic disqualification,” a three-judge panel said in Calbi v. Calbi, A-5053-05.

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