Beethoven v. Beethoven
Tuesday, November 27, 2007 at 00:00
By Marcel Strigberger
I recently represented a wife in a divorce action. There were two small kids involved. The husband for the past couple of years has not been working having given up his lucrative job as an economist for a large outfit in favour of starting his own consulting business which to date has registered losses only. He lives from handouts from his family including his girlfriend who virtually supports him.
At the trial on the issue of child support he testified that as he makes no money the court should not order him to pay any child support at all. He adamantly protested to the trial judge that he should be allowed to piddle around with his business until such time as it takes for him to start generating a profit at which time the court can then leisurely revisit the issue of child support.
When I argued that a chunk of income should be attributed to him as he was capable of earning money at a real job, and when he noticed that the judge was agreeing with me, the husband, who incidentally was not represented by counsel but had chosen to represent himself responded, "This is my work. My real job. I am entitled to pursue it. Would the court have told Beethoven two hundred years ago while he was struggling, to give up composing and find a real job?"
This got me thinking. Would the court indeed have done this? I who am a Beethoven fan would not have liked to see the tribunal take that position. But then again the kids have to eat. Who knows.
KAPPELMEISTER J.: This is an action by the petitioner for a divorce against the respondent Ludvig Van Beethoven. The issue of division of property has already been dealt with. As both parties are as poor as church mice, neither side got anything. The main matter still in dispute is child support for their son, little Henry. The wife Mildred, is seeking $500 shillings per month.
The respondent says he his not making any money. He has given evidence that since he was about 16 years old, he has been engaged in the profession of writing music in Vienna. Unfortunately the past few years have seen him earning virtually no money. In fact he has been evicted by about a dozen landlords for non payment of rent and for making too much noise with his piano.
It is the wife really who has been the breadwinner, literally. She has spent the past several years working at a local bakery while little Henry was off at a day care. Actually she used to take little Henry along to the bakery while she was on shift there but the kid got a bit rambunctious, often starting dough slinging fights with the bakers. Mrs. Beethoven sees no reason why her husband Ludvig can't hang up his piano and get a similar job.
On his part the respondent husband pleads that just because he has not been earning much the past few years with his composing, he has all sorts of potential. He cites that while in his teens he visited with the late Wolfgang Amadeus Mozart and auditioned before him seeking an apprenticeship. At the time Mr. Mozart indicated he was quite busy as he had already filled up his contingent of apprentices but he thought that Ludvig had some potential and that he should keep at it. The court does take judicial notice in passing that Mozart himself with all his talents has died a pauper. And I suspect his music will soon fade into obscurity.
As for the respondent, the evidence is that to date he has written four symphonies, which in my opinion are nothing to write home about. He says he is working on the next one, which according to Mr. Beethoven will score "big time". When cross-examined, the respondent conceded that so far he has only completed the opening four bars of this supposed great symphony. I would think that with only four obscure bars completed he has a long way to go.
In the interim the question is should little Henry be penalized while his dad dabbles in composing?
The wife's counsel argues the proposition of attribution of income. If Ludvig Van wishes to stay home and compose, that is well and fine but a certain sum of income can be attributed to him, namely what he could earn if he were to go out into the market and find a job for which he is suited for by reason of training education or experience.
The question is, what else can Ludvig Van Beethoven do? The wife pleads that he could become a piano tuner. They don't do too badly. The problem is Mr. Beethoven has some major difficulty with his hearing. I know employers out there are not supposed to discriminate because of disability. But would you or I want to listen at concert to a piano tuned by Ludvig? Exactly.
I see no reason however why the husband can't get a job working in a bakery as his wife does. It is not a far stretch from banging away tunes on a piano to making kaiser rolls. In my opinion Mr. Beethoven has had more than enough time to get his musical act together and if he hasn't been able to pull it off by now, it isn't going to happen.
As for that latest attempt at composing a symphony, if he has time, let him complete it. Otherwise it could remain unfinished, like Schubert's last piece. Vienna will not miss the loss of yet another composer. This city needs a composer like we need yet another lawyer.
There will be judgment accordingly that the husband pay to the wife the monthly sum of 200 Shillings for the support of little Henry. There will be no order for costs as I understand both parties are on Legal Aid, thereby already causing a substantial strain on their respective lawyers.
Judgment Accordingly.
I recently represented a wife in a divorce action. There were two small kids involved. The husband for the past couple of years has not been working having given up his lucrative job as an economist for a large outfit in favour of starting his own consulting business which to date has registered losses only. He lives from handouts from his family including his girlfriend who virtually supports him.
At the trial on the issue of child support he testified that as he makes no money the court should not order him to pay any child support at all. He adamantly protested to the trial judge that he should be allowed to piddle around with his business until such time as it takes for him to start generating a profit at which time the court can then leisurely revisit the issue of child support.
When I argued that a chunk of income should be attributed to him as he was capable of earning money at a real job, and when he noticed that the judge was agreeing with me, the husband, who incidentally was not represented by counsel but had chosen to represent himself responded, "This is my work. My real job. I am entitled to pursue it. Would the court have told Beethoven two hundred years ago while he was struggling, to give up composing and find a real job?"
This got me thinking. Would the court indeed have done this? I who am a Beethoven fan would not have liked to see the tribunal take that position. But then again the kids have to eat. Who knows.
KAPPELMEISTER J.: This is an action by the petitioner for a divorce against the respondent Ludvig Van Beethoven. The issue of division of property has already been dealt with. As both parties are as poor as church mice, neither side got anything. The main matter still in dispute is child support for their son, little Henry. The wife Mildred, is seeking $500 shillings per month.
The respondent says he his not making any money. He has given evidence that since he was about 16 years old, he has been engaged in the profession of writing music in Vienna. Unfortunately the past few years have seen him earning virtually no money. In fact he has been evicted by about a dozen landlords for non payment of rent and for making too much noise with his piano.
It is the wife really who has been the breadwinner, literally. She has spent the past several years working at a local bakery while little Henry was off at a day care. Actually she used to take little Henry along to the bakery while she was on shift there but the kid got a bit rambunctious, often starting dough slinging fights with the bakers. Mrs. Beethoven sees no reason why her husband Ludvig can't hang up his piano and get a similar job.
On his part the respondent husband pleads that just because he has not been earning much the past few years with his composing, he has all sorts of potential. He cites that while in his teens he visited with the late Wolfgang Amadeus Mozart and auditioned before him seeking an apprenticeship. At the time Mr. Mozart indicated he was quite busy as he had already filled up his contingent of apprentices but he thought that Ludvig had some potential and that he should keep at it. The court does take judicial notice in passing that Mozart himself with all his talents has died a pauper. And I suspect his music will soon fade into obscurity.
As for the respondent, the evidence is that to date he has written four symphonies, which in my opinion are nothing to write home about. He says he is working on the next one, which according to Mr. Beethoven will score "big time". When cross-examined, the respondent conceded that so far he has only completed the opening four bars of this supposed great symphony. I would think that with only four obscure bars completed he has a long way to go.
In the interim the question is should little Henry be penalized while his dad dabbles in composing?
The wife's counsel argues the proposition of attribution of income. If Ludvig Van wishes to stay home and compose, that is well and fine but a certain sum of income can be attributed to him, namely what he could earn if he were to go out into the market and find a job for which he is suited for by reason of training education or experience.
The question is, what else can Ludvig Van Beethoven do? The wife pleads that he could become a piano tuner. They don't do too badly. The problem is Mr. Beethoven has some major difficulty with his hearing. I know employers out there are not supposed to discriminate because of disability. But would you or I want to listen at concert to a piano tuned by Ludvig? Exactly.
I see no reason however why the husband can't get a job working in a bakery as his wife does. It is not a far stretch from banging away tunes on a piano to making kaiser rolls. In my opinion Mr. Beethoven has had more than enough time to get his musical act together and if he hasn't been able to pull it off by now, it isn't going to happen.
As for that latest attempt at composing a symphony, if he has time, let him complete it. Otherwise it could remain unfinished, like Schubert's last piece. Vienna will not miss the loss of yet another composer. This city needs a composer like we need yet another lawyer.
There will be judgment accordingly that the husband pay to the wife the monthly sum of 200 Shillings for the support of little Henry. There will be no order for costs as I understand both parties are on Legal Aid, thereby already causing a substantial strain on their respective lawyers.
Judgment Accordingly.
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© 2007 Marcel Strigberger. This article CANNOT be copied or reproduced in any way without the expressed written consent of the Author.
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