Tuesday, June 13, 2006

Lawsuit Challenges The Constitutionality Of The Alimony Statutes In Florida

“Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety”. --Benjamin Franklin

The first of many lawsuits to be filed around the state by various alimony-paying individuals has been filed in Sarasota County, Florida by the author of this blog. It challenges the constitutionality of the Florida alimony statutes on the basis of Right to Privacy and Separation of Powers. You can see the case-filing it here

What is being asked of the court is for them to rule that the present alimony statutes are unconstitutional and that they should be declared null and void. Just about anyone paying alimony has “legal standing” to file a lawsuit like this.

Previous attempts to have the lawsuit brought before the courts have been met with accusations of frivolousness, procedural errors and numerous other obstacles that have prevented it from being seriously considered by the higher courts. You can see the unsuccessful attempts here.

Because of the nature of these filings with the profound effect it will have on the family law system and the attendant legal profession, these filings are being met with overwhelming resistance. The immediate effect of having the alimony statutes declared unconstitutional is for the legal profession to lose approximately 50 to 75 per cent of their income due to loss of business. This is my own estimate, but I feel I am in the ballpark as there is no accurate way to predict this figure. Common sense will tell you they will lose a bunch of gelt.

It is apparent that few judges or attorneys want to be associated with a favorable ruling on this matter. Think of the ostracism they will get from their peers for doing so. It is against this backdrop of insider resistance where we are seeking justice. Our hope is that we will be fortunate enough to get one of the judges to rule on our case who is not constrained by income motivations. One who has a conscience and rigid sense of ethics to recognize the validity and logic of our arguments. One who has the courage enough to uphold their oath of office, and that is.…to defend the constitutional rights of people in their court.

The more of these cases that can be filed with the courts, the sooner the judicial system will take notice of the extent that they are violating the constitutional rights of divorced spouses who have to pay alimony. To see the rights they are violating, read more......

I’m sure there are those of you who will bemoan the loss of the present system that is weighted heavily in favor of women, contributes to alimony dependence and, to some extent, contributes to the destruction of rebuilding new family units subsequent to dissolution.

The purpose of abolishing the alimony statutes is to eliminate the unconstitutional intrusion into the lives of married people. I feel it is analogous to clearing the land of any old structures before building a new one. So too, with the present laws. They are inequitable and administered by judges with too much discretionary power that is subject to their whims and prejudices. We need to abolish them and rebuild anew.

In their place, we need something that is more substantive and equitable to be used as guidelines in settling dissolutions of marriages. Something that will not violate our constitutional right to privacy, yet will solve the problems that arise in a non-adversarial atmosphere.

* Judge reprimanded for relations with lawyer
* Judge Apologizes, Blames Actions On ADHD

* Judiciary Gone Amok In Northern Ohio

Be sure to visit these sites: www.abolish-alimony.org/ and