funny BUT true!

By PHIL DAVIS

 

CLEARWATER, Fla. (AP) – Lawrence Roach agreed to pay alimony to the woman he divorced, not the man she became after a sex change, his lawyers argued Tuesday in an effort to end the payments. But the ex-wife’s attorneys said the operation doesn’t alter the agreement. The lawyers and

Circuit Judge Jack R. St. Arnold

agreed the case delves into relatively unchartered legal territory. They found only a 2004
Ohio case that addressed whether or not a transsexual could still collect alimony after a sex change. “There is not a lot out there to help us,” St. Arnold said. Roach and his wife, Julia, divorced in 2004 after 18 years of marriage. The 48-year-old utility worker agreed to pay her $1,250 a month in alimony. Since then, Julia Roach, 55, had a sex change and legally changed her name to Julio Roberto Silverwolf. “It’s illegal for a man to marry a man and it should likewise be illegal for a man to pay alimony to a man,” Roach’s attorney John McGuire said. “When she changed to man, I believe she terminated that alimony.” Silverwolf did not appear in court Tuesday and has declined to talk about the divorce. His lawyer, Gregory Nevins, said the language of the divorce decree is clear and firm – Roach agreed to pay alimony until his ex-wife dies or remarries. “Those two things haven’t happened,” said Nevins, a senior staff attorney with the national gay rights group Lambda Legal.
Arnold is considering the arguments. But lawyers on both sides agreed Tuesday that Roach will likely have to keep paying alimony to Silverwolf. The judge poked holes in several of Roach’s legal arguments and noted that appeals courts have declined to legally recognize a sex change in
Florida when it comes to marriage. The appellate court “is telling us you are what you are when you are born,”
Arnold said.
In the Ohio case, an appeals court ruled in September 2004 that a

Montgomery
County man must continue to pay $750 a month in alimony to his transsexual ex-wife because her sex change wasn’t reason enough to violate the agreement. Roach’s other attorney, John Smitten, said the case falls into a legal void. “It’s probably something that has to be addressed by the Legislature,” Smitten said. “There is one other case in the entire
United States. It really needs to be addressed either for or against the concept of eliminating alimony for that reason.”
Roach, who has since remarried, said has been unable to convince state and federal lawmakers to tackle the issue. He said he will continue to fight. “This is definitely wrong. I have a right to move forward with my life. I wish no harm and hardship to that person,” Roach said of his ex-wife. “They can be the person they want to be, to find happiness and peace within themselves. I have the right to do the same. But I can’t rest because I’m paying a lot of money every month.” The legal fight is the second transsexual rights showdown in

Pinellas
County in less than a week. On Friday, transsexual activists from around the country packed a City Commission meeting in neighboring
Largo to oppose the firing of City Manager Steve Stanton after he announced he was a transsexual. Despite the support, commissioners voted 5-2 to fire
Stanton.

I have to say poor man! The old husband I mean! Kind of hard to have to pay a man house keeping till he dies! Now his ex is unlikely to remarry then all he can do is hope for an early death! Not a good way to think.

One thought on “funny BUT true!

  1. Think about it, though. Alimony is a recompense to the non-employed partner who spent most if not all of the marriage keeping house and/or raising children for the employed partner. Doing that meant that they gave up on having a career or career related skills. After a marriage like that ends, the non-employed partner usually has little to no chance of finding a job at the same income level as before they got married, because of not having any current work experience and their education being (in this case at least 18) years out of date. That’s what alimony is awarded for. Just because the person underwent a sex change, doesn’t mean they suddenly and magically become more employable, or suddenly and magically didn’t spend a good portion of their life keeping house.

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