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Declaratory Judgment Lawsuit
Challenging The Constitutionality
Of Florida Alimony Statute

History:  In the course of his family law court alimony proceedings, Bill Cabana challenged the constitutionality of the Florida alimony statutes as violating f the Right to Privacy and Separation of Powers. The 4th District Court of Appeals has either dismissed the appeal in procedural grounds or again denied the challenge without writing a reasoned opinion.

Apparently, in appealing the constitutionality concurrently with other motions that were denied, it gave them the opportunity to do so. However, in filing a "clean" lawsuit requesting a declaratory judgment, there is nothing else to interfere or give the courts reason to dismiss on procedural reasons. All that is being asked of the courts is to declare that, based on the arguments contained in the pleadings, whether the Florida alimony statutes are constitutional or unconstitutional.

In that there are many judges and courts that do not want to see this happen, it may be desirable to file similar lawsuits in Florida in hopes of getting the attention of a judge who will see the logic of the arguments presented.

On the other side of the fence is the entire legal system comprised of attorneys and judges who make their living off the adversarial nature of the family law system. To have the statutes declared unconstitutional would be a major blow to their income. There are not many lower tribunal judges that would like to see their enormous power to control peoples' lives or have their name attached to this occurrence and as a result, they implement many roadblocks to its progress.

Only by fighting back can we make our voices heard. Now is the time to stand up and be counted!! You can do this on a Pro Se basis just as Cabana did. If you are tired of the financial burden placed on you and want to do something about it, see the following note:

Note: This is not a solicitation for legal work or legal advice; it is for informational purposes only. For more information on the judicial and legislative efforts to reform the alimony laws and statutes go to: www.alimonyreform.org

Note: Below is proof positive that the courts will not address the issue of the constitutionality of the alimony statutes. In no instance have they given a reasoned opinion justifying their dismissal of the cases.  Their technique of handling such cases can be seen here. First they dismiss it, then on appeal the District Court affirms the lower courts decision. This kills any further appeal possibility. IS THIS REALLY HOW A DEMOCRACY IS SUPPOSED TO OPERATE???

The family law system can have many gray areas.  If this practice of law is of interest to you, a masters in criminal justice is the best route to take.  This degree will help prepare you for many different fields of law but it will provide you with a solid foundation for a professional career in the legal field.

Circuit Court Lawsuits

Twelfth Judicial Circuit in Sarasota County, FL
Civil Division Case # 06 CA 5063 SC

2nd District Court of Appeals
Case # 2D06-5577


Be sure to check our Alimony Bookstore for recommended publications to help you in your education. They will prove invaluable in doing research to defend yourself in family law cases.



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