Glossary of Terms

Case Law Citations (cites) - An excellent reference book for persons without any legal background is the one titled "Legal Research" seen on the right.. It will teach you the composition of a case cite that are frequently used in family law cases. It will demystify what you are reading and help you to understand the basis upon which courts rely to make rulings. You will learn how to do your own research and understand what you are doing and why. This is an invaluable guide for the person who is self-represented in court. It is written in easy to understand layman's language.

Abstentions:

• Rooker-Feldman Doctrine

  • Exxon Mobil v Saudi Basic Industries Corp.

Alimony:

• A must read!  Hillier v. Iglesias - 4th Distict Court of Appeals - Chief Judge Farmer's review of alimony.

• Abrogating The Doctrine of Necessaries in Florida: The future of spousal liability for necessary expenses after Conner vs. Southwest Florida Regional Medical Center, Inc.

• Connor v. Southwest Florida Regional Medical Center, Inc., 668 So. 2d 175 (Fla. 1995) Florida Supreme Court ruling in abrogating the doctrine of necessaries.

• Florida Supreme Court Says Husbands And Wives Are Not Dependants -Doctrine Of Necessaries Cancelled

• Memo of Law that Alimony is Unconstitutional

• A must read! Olsen v. Olsen, 98 Idaho 10 (1976): Read Justice Shepard's dissent starting on page 3 that gives the rationale for alimony reform.

• Price v. Price, 382 So.2d 433 (Fla.App. 1 Dist. 1980): Alimony is not a debt but a duty of a husband to a wife.   

Alimony and Attorney's Fees

• Barna v. Barna, 850 So.2d 603 (Fla. 4th DCA 2003 - Petition for a Writ of Certiorari for fee shifting. Frivolous Motions.

• Finol v. Finol, 869 So.2d 866 (2004): No client-attorney privilege exists in requests for discovery relating to the fees paid to an attorney. Bank accounts, credit card accounts, are all subject to a subpoena and your attorney will fork over that information to your former wife's attorney. Don't forget to get a receipt.

• Messana v. Seaside Community Development Co. 1^st DCA Case #1D04-3270 (Aug. 5, 2005) - awarding attorney’s fees is deficient if it does not set forth specific findings regarding the attorney’s hourly rate, the number of hours reasonably expended, and the appropriateness of reduction or enhancement factors.

Alimony and Extradition:

• Sanders v. Laird, 865 So.2d 649 (Fla.App. 2 Dist. 2004): Arrest only valid in Florida.-Not other States

Alimony and Retirement:

• Tennessee Supreme Court ruling on alimony and voluntary retirement.

Imputed Income:

• Burkley v. Burkley: see how the court looks at imputed income

Contempt:

• Defined by Honorable Carolyn K. Fulmer, District Court of Appeal, 2nd District, 1999

• Bowen v. Bowen:  Understanding Contempt Civil versus Criminal.

• Burkley v. Burkley: 5th District Court of Appeals ruling on imputed income Sept. 05

• Gregory v. Rice, 727 So.2d 251 (Fla. 1999): This case involves the wrongful incarceration of a father who failed to pay child support payments.

• Pompey v. Cochran, 685 So.2d 1007 (Fla.App. 4 Dist. 1997): Contempt order must contain an ability to pay...use of a writ of habeas corpus to defend.

• Parisi v. Broward County, 769 So.2d 359 (Fla. 2000): Contempt jurisprudence

• Rash v. Rash. 173 F.3d 1376 (11th Cir. 1999): Full Faith and Credit to another state's contempt order

• Shillitani v. US 1966 -Yes, in a civil contempt trial, no jury trial on the contempt and imprisonment are permitted.

Peonage:

• U. S. Code 42 - 1994: Abolishes peonage

Right to Privacy

• Littlejohn v. Rose, 768 F. 2d 765, *6th Cir. (1985) - The case states that divorce is within the umbrella of the Right of Privacy. That means any statute written in that zone is privacy protected and presumptively unconstitutional. The only question remaining is: "Is there a compelling state interest for the alimony statute and is it minimally applied?"

• Loving v. Virginia - 388 U.S. 1, 12, 87 S.Ct. 1817 (1967): Miscegenation law (marriage between races)  held violative of Equal Protection: "Marriage is one of the ‘basic civil rights of man,' fundamental to our very existence and survival."

• Planned Parenthood v. Casey - (505 US 833) in 1992. "Our law affords constitutional protection to personal decisions relating to marriage."

• Principles of Equal Protection - Site with many cites on Right to Privacy.

• Richardson v. Richardson 734 So. 2d 1063 (Fla. 1st DCA 1999) - Has to do with the grandparent visitation parts violating the right of privacy of parents to decide who their kids can visit with...not the grandparents rights

• Zablocki v. Redhail (434 US 374) in 1978