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Nov. 25 February 2014, 3:50 am ET
A judge in the north of the state rejected a divorced man's request to stop paying alimony to his ex-wife when she entered into a “Big Love”-style marriage – because polygamy is not legal in the Empire State.
Dr. David Hunsinger separated from his wife of 19 years, professor Patricia Hunsinger, in 2009. Their separation agreement stated that 54-year-old David, who earns a higher salary than his ex as a family doctor in Binghamton, would have to pay alimony to the Ithaca College art professor until 2023 or until they remarry.
In July, David asked Judge Philip Rumsey if he could stop payments because Patricia, 54, “had entered into a polygamous marriage with Dr. Kenneth Hill and Janice Hill.”
To make matters even more complicated, the two couples were not strangers to each other. David Hunsinger and Kenneth Hill completed their residency together.
In a diary entry before her divorce, Patricia confessed, according to court documents, “her desire to marry Kenneth Hill and her plan to have a polyamorous relationship with both Hills.”
During the child support proceedings, David told the judge that the three lived together in Ithaca and that Patricia wore a “ring made of three intertwined bands that was given to her by the Hills,” according to the Nov. 19 ruling.
In a January 2012 email to David, Patricia also wrote that she wanted the Hills to be present at her daughter's wedding because “I'm married to both of them,” according to a copy of the message obtained by The Post. But when it came to waiving child support, Patricia wouldn't admit she was remarried.
The judge ruled in favor of the ex-wife and ruled: “In New York, a person is permitted to have only one spouse at a time; a marriage is absolutely void if entered into by a person who is already lawfully married to another person.”
Michael Stutman, head of family law at Mishcon de Reya, said the decision was notable because it addressed issues related to atypical families such as those portrayed in the HBO series “Big Love.”
“I have never experienced anything like this outside of Utah, a woman who [alimony] and living a 'Big Love' lifestyle in her final years,” Stutman said.
David must continue to pay child support unless the trio moves to Utah, the only state where polygamous cohabitation is legal.
David's lawyer Anthony Elia is considering an appeal.
The decision “allows [Patricia] to say that their illegal conduct is a defense in the case,” Elia said. “I don't understand the logic.”
https://nypost.com/2014/11/25/man-tries-to-stop-paying-alimony-over-ex-wifes-polygamy/?utm_source=url_sitebuttons&utm_medium=site%20buttons&utm_campaign=site%20buttons
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