No. 22-1012

Janet Austen v. Franklin Herman

Lower Court: Maryland
Docketed: 2023-04-18
Status: Denied
Type: Paid
Tags: alimony alimony-calculation appeals appellate-review family-law income-calculation income-determination judicial-discretion marital-dissolution permanent-alimony trial-court
Latest Conference: 2023-06-22
Question Presented (from Petition)

Most importantly, if the trial Judge miscalculated the alimony recipient's monthly income (or pay) was it right for the appeals court to uphold her decision?

Should permanent alimony be discontinued when the person receiving the alimony is 68 years old; was married for 24 years and was not responsible for the demise of the marriage? The person paying the alimony dissipated $983,915.00 (Appendix E) in the 2 years prior to the divorce. This dissipation caused by the use of cocaine, payment for an apartment for an "exotic dancer" and her son as well as cars, dental care, gym passes, medical care and jewelry for 2 ½ years.

Should permanent alimony be discontinued if doing so will leave the receiver homeless when she retires (which could be any day); while the person paying the alimony (although retired) receives Social Security Benefits of $3,776.00/month which accounts for a Medicare payment of $148.00/month. Retirement Income, 2 homes, 3 cars and his own business for a total of over $2.7million.

Should the person paying the alimony have been allowed to include his 3rd wife of 5 years expenses in his financial statement. The Judge during the proceedings stating multiple times that they would not be included then in her decision. These expenses including psychiatrists, vacations, private health insurance and manicures. The reasoning for inclusion as per the Judge being that his 3rd wife is "dying of cancer". This never having been introduced during the proceedings and stated without and evidence.

Is it not discriminatory that someone who works 2 jobs to support herself has her alimony discontinued while the person who caused her to have to work two jobs retires comfortably? Is it not discriminatory that a person who never worked and has an unproven medical condition be included in a financial statement for the payee? This, leaving the person who is receiving the alimony is being finally assessed at the rate of 2 jobs at age 68? Is she being discriminated against for being independent and trying to take care of herself?

And finally, is she being discriminated against as she looks Hispanic and was treated differently at the Alimony trial and with the court's decision. She was forced to come to court during COVID while the payee stayed home and used video communication.

Question Presented (AI Summary)

Was the appeals court correct in upholding the trial judge's alimony decision despite miscalculating the recipient's monthly income?

Docket Entries

2023-06-26
Petition DENIED.
2023-06-06
DISTRIBUTED for Conference of 6/22/2023.
2023-05-18
2023-02-17

Attorneys

Franklin Herman
David C. GardnerGardner Law Firm, PC, Respondent
Janet Austen
Janet C. Austen — Petitioner