CORONA, Calif. (CBS)-- A woman says she was forced to pay spousal support to her ex-husband who was convicted of raping her daughter.
Carol Abar told CBS2 Los Angeles she paid $22,000 in spousal support to her ex, before he was jailed.
But Abar's ex is now out of prison and wants the spousal support to resume -and the law may be on his side.
"Every time I wrote that check, I cried because I felt like I was paying the man that raped my daughter," Carol Abar said.
Carol Abar married Ed Abar in 1991, when her daughter, who wishes to remain unidentified, was 9 years old.
Carol Abar's daughter said Abar abused and raped her for 16 years before she told her mother.
"He had threatened me that he would kill my mom; he would kill my stepbrothers; he would kill me," she said.
Once Carol Abar found out, she filed for divorce before rape charges were brought against her husband.
Since she made more money than Abar, she was forced to pay alimony - $1,300 a month.
"The judge told me I had no proof. It was my word against him," she said. "He had been raping her since she was little. Since I got married to him."
Abar received $22,000 in total until last year when he 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 Abar'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's lawyer Sherry Collins said he only pleaded guilty to escape a harsher jail sentence and said he deserved 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 Collins.
And under California law, child abuse is not specifically mentioned. Given Abar never abused his wife, the judge could rule in his favor.
Carol Abar said, "He victimized a little girl all these years and I have to pay him for that behavior...it just doesn't make sense to me."
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