A New Battle Emerges
As a demonstration of how vindictive and greedy some ex's are, over 37 years after the divorce, you can see how the relentless vindictive pursuit of the hapless 71 year old husband continues beyond reasonable limits. Never is closure allowed to occur to an unfortunate event in life.
Here's a prime example of an ex-spouse whose assets are currently in excess of $1,000,000 and who has a average cash flow through her bank account back in 2006 [over a period of 3 years] of approx. $65,000/year and is not satisfied to remain content with her gains in life. No, she has to pursue her ex-husband whose only income is approx. $850/mo from Social security, lives below the poverty level, who has no assets to his name, and is on the public welfare rolls.
This is a typical example of the most despicable type of vengeful vindictiveness of an ex wanting to beat someone when they are down and wanting to pound them into the dust. They are merciless and cruel. They are permitted to do this due to the inequities in the family laws that favor women. Greed and vindictiveness knows no boundaries. And the courts are complicit in allowing them to use the power of the courts to further their vengeance and commit men to a lifetime of virtual servitude and peonage with the threat of incarceration ever present. It is also a way to insure that lawyers can also hugely profit by this symbiotic arrangement they have with the courts.
Propriety prevents me from expressing my contempt with the appropriate descriptive adjectives for what I consider to be the lowest form of scum-bag life that exists on this planet. And, at the same time, while professing to be a devout Catholic, she demonstrates her egregious hypocrisy by exhibiting unchristian behavior that shames all others of her faith. She is no better and has less mercy than the Roman soldier that plunged the spear in Jesus' side while he hung on the cross.
Her vindictiveness is not limited to sanctions against her ex-husband. This same woman secretively and unscrupulously changed the children's names without due notice to the father, prohibited the grandparents from ever seeing them again and callously brainwashed them into a parental alienation syndrome so that they never were permitted to contact the father or grandparents again since 1972.
Here are the books that are guiding the fight. Whether or not she will win this battle remains to be seen. Stay tuned for upcoming events.
For those of you who might have a hard time following the below phases and filings, you can find a timeline of the filings by scrolling down to below Phase Five or click here.
A defensive response is in order to stop the enemy's advance. She has ignored established laws that provide protection for the defenders. She has attacked with a force that cannot be sustained or weapons that are inadequate in the face of the overwhelming odds in favor of the defender.
The hearing for contempt is held on 10/01/08. The magistrate (Linda Goodwin) made a major mistake of not notifying the parties that she had been assigned to the case as required by Florida Family Law Rules of Procedure 12.490. Cabana advised her of this. The rule says that a magistrate who has not notified the parties in order to obtain consent or objection cannot hear any of the proceedings. In the interest of judicial economy and not wanting to have to make another expensive trip to W. Palm Beach, Cabana waived his right to object to the magistrate's presence. Not only that, the magistrate showed up in court admitting that she hadn't read any of the filed documents and had no knowledge of the case. For an officer of the court and purported protector of citizen's constitutional rights, this is unconscionable.
In reading her recommendations, try to ascertain whether or not she is ruling on the law that is applicable to contempt which is whether or not the contemptnor has a present ability to pay a purge amount and that the court has made a factual finding and can identify a source of funds from which to do so. Also, ascertain if she was more and advocate for Mayo rather than an arbitrator of evidence, law and fact placed before her. Notice all the false allegations and unsupported statements that she makes trying to prejudice the court against Cabana.
The magistrate's report could lend one to believe that she is trying to emulate the record of Federal Judge, Issac Parker who was nicknamed "The Hanging Judge."
Then read Cabana's exceptions to magistrate's recommendation which exposes the magistrate's bias, prejudices and total disregard for established law in her effort to find Cabana in contempt in spite of what the law requires to be done.10/17/08 - Magistrate Linda Goodwin's Recommendations
However, it is doubtful that the court will do nothing less than rubberstamp the magistrate's recommendations unless the ruling Judge Elizabeth Maass follows the letter of the law in cases like this and overrules the magistrate. For the judge not to do so will only go to prove how the court can ignore the law whenever they want to make an example of someone seemingly without retribution. However, there are laws that protect citizens in cases when this happens. Read about the 42 U.S.C. 1983 protections
As it stands, Cabana will end up having to paying $255.00 each month out of his $850 Social Security payment to keep out of jail. Anyone out there want to try to live on $595 per month? The courts don't seem to care just so long as they and the ex-wife get their pound of flesh.
In the Court Order Setting Hearing above, you will find that the court made two errors. One of them is noted in the Motion for Judicial Notice below where the court refers to the magistrate's "report on modification" when in reality, it was a "report on the contempt hearing". The other is in requiring the parties having to provide transcripts. In the Order, the court requests "each party" to provide transcripts and in the Rule 12.490(f), (g), Fla. Fam. L.R.P. it requires the party requesting review to provide them.
In total, the court has made 3 errors in their documents not to mention the egregious ones made in the magistrate's report. This should illustrate that the administrators of the rules and laws of the court are error prone and do not always follow the laws and rules they are supposed to be guided by and to enforce.
Phase Two: The Appeal
For people to ignore the lessons of history is a big mistake and condemns them to repeating them. To rely on doing things the old way as they have always been done is to ignore the fact that things and conditions change and to not recognize them and adapt accordingly is a gross miscalculation that can eventually lead to defeat.
The bombardment begins with a response to the magistrate's report. Here, the unclean hands of the enemy is exposed. A party coming to the court with "unclean" hands cannot seek relief from the courts.
Little does the enemy know from where we will strike next. However, this is the most devastating phase of the war.
Something like this kind of warms the heart to the knowledge that one is correct in their assumptions of the family law "injustice" system that is for the benefit of the lawyers and prejudiced judges. But then again I was brought up believing there is "justice" rendered in the legal system or maybe I'm just a sore loser. If you feel that paying lifetime alimony is justified for a capable spouse, then you decide. :--))
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