In all, Carol paid $22,000 to Abar until last year, when Abar struck a plea deal and pleaded guilty to one of the five rape charges. He was sentenced to more than a year in jail.
A judge then temporarily stopped the spousal support.
Now out of jail, Abar has filed to reinstate the support, according to Brian Uhl, Carol’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 did not want to be interviewed, but his attorney said he deserves 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 Sherry Collins.
Under California law, when deciding spousal support, the court will take domestic abuse between couples into consideration, but child abuse is not specifically mentioned in the law.
Since Abar never abused his wife, the judge could rule in his favor, reported Fujii.