State vs. Jason Lynn Young 2-22-2012

[frankdrack]

Affairs are one factor in awarding alimony. Generally, for marriages less than 10 years, you get half of that in alimony, for the lesser earning spouse. Generally. But if one side has an affair, the court can award alimony to that spouse above and beyond the other alimony, or if there was none to begin with. If both sides have an affair, then it is not really relevant for weighing alimony. If the spouse that earns less is the one who has an affair, the court can choose to award them no alimony at all.

But, there are a lot of factors that go into alimony, and affairs are just one of them.

Thanks for the information. I had no idea.

 

[tarheel8600]

Child support is generally based on the income of both parents. Michelle had a good income and a promising career. I don't see child support as a major factor.

Child support is based on each parents' income AND the amount of time each parent has the children in his or her physical custody.

If JY and Michelle had divorced and she had taken the children to NY, the amount of child support JY would have had to pay would have been expensive because he would not have had the children in his physical custody for most of the year.

Also, if JY and Michelle had gone through a divorce and his infidelities had been discovered (which they probably would have), JY would also have had to pay alimony to MY for a few years for his actions that were to the detriment of the marriage.

JY killed MY rather than divorce her, imo, because he did not want half of his income going to Michelle and the children. He wanted to be free without any financial burdens.

 

[otto]

I think we heard in court he was making $20K or so more.
In NC, infidelity comes with a penalty.
Jay would be paying dearly and he knew it.
No doubt, that burden would cramp his style.

I doubt any of the women he committed adultery with would have come forward willingly ... they were both married themselves.

 

[otto]

Anyone know the schedule for tomorrow? Did I hear a juror has a medical appt? Will that change the 9:30 am start?

I read that it starts tomorrow at 11 AM

 

[Just the Fax]

fred, I feel your pain.
I said earlier the Fisher's deserve more that what BH and HC have brought to this case so far. I don't have a lot of confidence since Saacks is MIA. He hit a home run last closing and it did no good. Replaced with HC, it doesn't look good. He did a terrible job in closing the BC trial. He was fumbling with loose notes and had long pauses to collect his thoughts. I really felt sorry for the man. You are correct, Boz won that with his energy and enthusiasm. Klink can run circles around the entire PT. He is a seasoned, intelligent lawyer and it shows. Jay really lucked out with a dream team defense team at taxpayer expense.

That said, it is still not over. 95% of us here seem to think there is no just verdict but guilty. We have seen the same trial unfold, so maybe all 12 will do what is right, in the name of justice.

 

[tarheel8600]

I doubt any of the women he committed adultery with would have come forward willingly ... they were both married themselves.

True, but some friends knew of the affair with MM. People would have talked; it would have gotten back to Michelle eventually. Also, they could have subpoenaed his phone records, and he would have been busted with MM.

 

[frankdrack]

True, but some friends knew of the affair with MM. People would have talked; it would have gotten back to Michelle eventually. Also, they could have subpoenaed his phone records, and he would have been busted with MM.

In NC there are subpoena powers for opposing sides in family court?

 

[gritguy]

In NC there are subpoena powers for opposing sides in family court?

Yes. .

 

[fifteen89]

I read that it starts tomorrow at 11 AM

Thanks!

 

[frankdrack]

Yes. .

Thanks, It is clear that I am ignorant of NC court procedures.

 

[gritguy]

Another thing North Carolina has that no other state (still, I believe) has is a civil cause of action called "criminal conversation" that allows suit agains the person having an affair with your spouse (actually just sex, and actually the required elements of proof are pretty lax). That is different than alienation of affections. Consequently, "family" lawyers have a high interest in detecting affairs as big-time leverage in these cases. And they are good at it.

ETA: I may not be correct that no other state has it, but none that I know of. Also, I see that finally a law was passed to curb the most abusive use of the tort, which in the good old days could ensnare someone dating a person who was actually separated (as long as the tort had not been waived by the plaintiff spouse).

 

[3doglady]

The insurance claim:

Actually, it came out a little differently in court.
Jason did not contact anyone about trying to collect the insurance money.

Snipped by me. Not sure if you were responding to me but that's exactly what my post stated. After PE notified JY of the insurance he filed a claim. We don't know that JY even knew about that policy since MY took it out when she first started at PE. Bottom line is JY did file a claim on the insurance. In addition, the DA let the jury know that the claim was denied and the insurance was awarded to LF.

 

[tarheel8600]

Another thing North Carolina has that no other state (still, I believe) has is a civil cause of action called "criminal conversation" that allows suit agains the person having an affair with your spouse (actually just sex, and actually the required elements of proof are pretty lax). That is different than alienation of affections. Consequently, "family" lawyers have a high interest in detecting affairs as big-time leverage in these cases. And they are good at it.

True.
And JY and MM would have been found guilty in family court of criminal conversation.

I don't think that Michelle could have won an alienation of affection lawsuit against MM if she had chosen to file one due to the fact that I don't think it could have been shown that Michelle and JY had a good marriage that MM set out to destroy.

 

[fran]

OMGosh!

I've just read a few posts on this page. I had to leave earlier today just after court adjourned for the evening.

Wow! Such doom and gloom. Perk up all! The pros isn't on trial. Jason Young is on trial for the brutal murder of his wife Michelle and their unborn little boy. They're not trying for academy awards, they're trying to get the TRUTH to the jurors. They don't need to enterain them or us.

I've only seen a couple of actual trials, but from what I can recall, they're all pretty much the same as this has been going. It's not the dramatics or the inflection of their voice, but the FACTS they're getting across to the jury.

I know we sit here and look at this almost as a television program. But this is real life and real people and real emotions. These are people in a situation, whether juror or defendant, they've never been in before. They're at their hopefully best behavior, NOT showing surprise, shock, or 'Ah-ha! Now I get it!' They're attempting to take in all of these facts without giving away what's on their mind. They're BUSY listening, watching, taking in the FACTS of the case, and hopefully, taking notes. Notes of their 'Ah-ha!' moments.

I have no idea what the jury is going to decide. I have no idea what the defense is going to say. But I know this country offers the best legal system in the world and I know I have faith, that to the best of their ability, the jury will get it right. Even if I don't agree or you don't agree.

Be patient and have faith,
fran


PS....I hate to keep bringing it up, but during the S Peterson case, I saw the same type of discussion by posters (& the media as well) for months and months. But guess what? They weren't seeing the big picture. The pros was doing his job and he had always gotten good results in the past. (IIRCC, he had a 98% conviction rate, or there abouts).....He just kept plugging away, doing his job and he got it right! (imho)

have faith!

 

[frankdrack]

Another thing North Carolina has that no other state (still, I believe) has is a civil cause of action called "criminal conversation" that allows suit agains the person having an affair with your spouse (actually just sex, and actually the required elements of proof are pretty lax). That is different than alienation of affections. Consequently, "family" lawyers have a high interest in detecting affairs as big-time leverage in these cases. And they are good at it.

That is fascinating. The procedures that I am familiar with use a simple formula and do not assign blame for the dissolution of the marriage.

Family down the block broke up. The husband had had multiple affairs. The wife had nine women ready to testify about the relationships. The judge stopped her at five and basically split the assets equally.

 

[tarheel8600]

I agree, Fran. It's all okay.

I think it's evident from testimony that JY did this. I believe there will be members of the jury that will vote Guilty; I hope it's all 12!! I do not believe that there will be an acquittal.

 

[frankdrack]

I agree, Fran. It's all okay.

I think it's evident from testimony that JY did this. I believe there will be members of the jury that will vote Guilty; I hope it's all 12!! I do not believe that there will be an acquittal.

If there is another mistrial do you think that the State will refile?

 

[gritguy]

That is fascinating. The procedures that I am familiar with use a simple formula and do not assign blame for the dissolution of the marriage.

Family down the block broke up. The husband had had multiple affairs. The wife had nine women ready to testify about the relationships. The judge stopped her at five and basically split the assets equally.

I've been out of the loop actually doing the stuff for a few years, but NC stayed more conservative than most states during the period I actively practiced. The ownership of marital assets is also a very tricky area of the law in NC as well.

 

[3doglady]

I agree, Fran. It's all okay.

I think it's evident from testimony that JY did this. I believe there will be members of the jury that will vote Guilty; I hope it's all 12!! I do not believe that there will be an acquittal.

From what I have heard, the jury is taking lots of notes, unlike the Anthony trial. Hopefully the facts will be more important than the personalities.

 

[otto]

Child support is based on each parents' income AND the amount of time each parent has the children in his or her physical custody.

If JY and Michelle had divorced and she had taken the children to NY, the amount of child support JY would have had to pay would have been expensive because he would not have had the children in his physical custody for most of the year.

Also, if JY and Michelle had gone through a divorce and his infidelities had been discovered (which they probably would have), JY would also have had to pay alimony to MY for a few years for his actions that were to the detriment of the marriage.

JY killed MY rather than divorce her, imo, because he did not want half of his income going to Michelle and the children. He wanted to be free without any financial burdens.

If they divorced and Jason had 50/50 custody and 40/60 time with his children, and the married women he committed adultery with remained silent, his child support obligations would have been minimal. We know that Nancy Cooper would have had a lot of difficulty taking the children and moving away ... and it would have been the same situation for Michelle.