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Old 01-06-2006, 01:57 PM
Freedomless's Avatar
Freedomless Freedomless is offline
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Angry Man Thrown in Jail for Contempt

I received these emails today. The info below if from several emails.

All, most of you are aware Bill Cabana has been fighting the alimony
scheme pro se in Palm Beach County. Today the judge ordered him to pay a purge of somewhere around $7000. Bill does not have that kind of money and so was immediately incarcerated. He was not given any time to get his personal affairs in order, such as arranging care for his elderly mother, getting the car he was using back across state, etc, etc.

The Florida alimony scam is not just wrong , it is abhorrently abusive.
When a man who paid under order for 33 years, loses his job in his 60's,
goes to court at nearly 70, has no money, assets, or ability to pay and
proves beyond a doubt his ex has no need, and still gets thrown in jail
by an ignorant phsycopathic judge over alimony - we are all in deep
sXXt in this country. Bill has become our new poster child for family
court judicial abuse in Florida."

In a nutshell, he was married 11 years - divorced since 1972. He was
ordered to pay permanent alimony - which he did for almost 30 years until he couldn't afford to do it anymore - so he stopped paying. His ex-wife is in a much better financial position than he is, but kept dragging him back to
court. The whole issue (court filings, etc) are on the web site www.abolish-alimony.org click on "Legal" and then "State and Federal Filings" and you will see the whole story.

The bottom line here Bill is that tens or hundreds of thousands of
men accross the country are reduced to rubble through divorce - they literally have their lives taken away and are reduced to nothing more than a slave in having to support a former spouse at the expense of their own lives. This obligation that they incurr through divorce subjects them to a substandard life from thatpoint on, and a threat of imprisonment (as was carried out against Mr. Cabana above) if they fail to perform this duty of support (which we did not have when we were married, but only after we divorced).

Unfortunately those who have never divorced don't really know what
happens to us in that process and what becomes of our lives when we are shackled to having to support someone else (who has no obligation to us) for an indefinite period of time and sometimes (as in Cabana's case - forever). Why should our lives be ruined because we get divorced?

The law on this is very clear and was even pointed out to us by a legislative aid last year. Judges are not allowed to jail you on contempt as a coercive measure if they cannot show/prove you have the ability to pay the purge amount. To do so constitutes a civil rights violation as well as creates debtors prisons which are prohibited by the constitution. These $&%$$# judges pay no attention to the law because they think the legislature has put them above it.


This man was thrown in jail this morning, on contempt charges, even after proving that he was not capable of paying the alimony and that his ex wife was capable of caring for herself.
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Old 01-06-2006, 03:25 PM
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weishaupt1776 weishaupt1776 is offline
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Marriage License = Adhesion Contract

Abolish the contract is first before abolishing alimony
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Quote:
Originally Posted by Jerry Pitts
The whole system is based upon a 'presumption' that something was represented to have occurred which may or may not have occurred in the manner which has been represented.

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Old 01-06-2006, 03:29 PM
planetmark planetmark is offline
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There IS remedy for such things. I haven't learned enough about it yet to give advice, but I believe one or more of the following should be effective, and we all need to master these tools:

Writ of habeous corpus
quo warranto (does the "judge" have his oath on file?)
Writ of mandemus
Civil suit under USC title 42-1983

When properly prepared and presented, I can't see how these items wouldn't be effective, even in a totally corrupt situation. If needed, you go right over their head to the Feds, then to Supreme court if needed.

Anybody that has ever beaten this system needs to chime in here. I'm facing the same deal soon, and am studying like mad to make my last stand. One thing I HAVE learned, is that if you pay SOMETHING, they can't come after you for contempt. As long as you are "trying", they have no grounds to persue action. I'm doing $20/month on a $1k/month "obligation" currently. Full stop on payments brings disaster. Like with the IRS, if you pay what they say you owe, they lose their power to fight you - then go back and fight the system to get your money back from a position of strength.

We need to pull together and find effective remedies for such foolishness, and soon!
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Old 01-06-2006, 04:03 PM
kgod999
 
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contempt

he must rebut one word in the whole contempt case against him, the word "willingly". contempt is based on your WILLFUL contempt. rebut that presumption by affidavit that you are willing to pay the alimony, but circumstances prevent it. without willful contempt, they have nothing.
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Old 01-06-2006, 05:32 PM
wargamez102 wargamez102 is offline
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Yesteryear...

...We use to pop these fellow(s) out, johnny on the spot!

But, then get a kick in the azz, for lack of a better term.

We have installed enough in these archives to download, then pop em' out.

Should only take four days... max!

good luck!
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Old 01-06-2006, 08:52 PM
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Freedomless Freedomless is offline
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My understanding, is that this man went to court with 5 or more witnesses. The judge ordered all the witnesses to leave the room, but allowed these men and women to return to the court room later. This man proved, according to the witnesses, that he could not pay and was not willingly disobeying the order. The judge stated that this man's 89 year old mother had assets and could pay. Then the man was escorted directly to jail.

This judge has a rude awaking coming.
I say, go after the judge, attorney and the ex. Lien all their assets.

If anyone is paying alimony, check out cflap.org, alimonyreform.com and/or google for other groups. One adult should not be responsible for another adult for the rest of their lives.
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Old 01-06-2006, 09:32 PM
idknow idknow is offline
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adhesion?

Quote:
Originally Posted by weishaupt1776
Marriage License = Adhesion Contract

Abolish the contract is first before abolishing alimony

no, no, no! [smiley]

not adhesion!

it's unrevealed!
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Last edited by idknow : 01-06-2006 at 09:33 PM. Reason: lost emoticon
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Old 01-07-2006, 08:24 AM
wargamez102 wargamez102 is offline
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Presumption, presumption & presumption...

...no matter how many time's it is spelled... it is Presumption.

Alimony vs. Child Support The legal langauge is still the same.

For example:

The man didn't have to prove that he didn't have the resources available, it is up to the opposing party to prove that he did. Often, as in this case, the Judge (for lack of a better term) doesn't follow the guidelines.

This Judge knew the ignorance of this Man and played it to the Judge's advantage.

Further, if we were to go to http://www.legislature.mi.gov/ and type in statute 552.633 we would see the presumption language stated clearly in a child support case. I am sure that the alimony statute is almost identical when the presumption factor is weighed.

slippery when wet... caution!
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Old 01-07-2006, 10:05 AM
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Freedomless Freedomless is offline
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Just follow the money. Money flowing from productive people to unproductive people, making the productive poor and the unproductive the wealthy masters [and I’m not talking about the women, I’m talking about the socialist bureaucrats that get the $300 per hour fees generated in fighting the court cases in their playground of so-called equity].

After sitting in on court cases and seeing that the judges, in most cases, have proved nothing, but created their own law. (something they have no power to do)
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Old 01-07-2006, 10:24 PM
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gldskr gldskr is offline
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Extortion is extortion whatever its form.

It only prooves that lawlessness is the rule rather than the exception!
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