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Florida Circuit Court Filings

 The court filings below chronicle the continuing running alimony conflict created by a former wife (Mayo) and her state sanctioned attempts to keep her hand in the pockets of her former husband 33 years after divorce.

After a marriage of only 11 years and more than 36 years of collecting alimony money from him, she is unrelenting in her quest for a lifetime of un-needed payments...all with the blessings of the state of Florida.

When you consider Mayo makes approx. $68,000/year and has assets of about $1,000,000 compared to her former husband's income of $8,900 (below the poverty level) and who has no assets...something is amiss in the Florida justice system (an oxymoron) that allows this to occur.

Starting Aug. 2003, Cabana simply could no longer pay alimony. This did not stop the lustful desire for a lifetime of an economic free ride by Mayo. So Cabana decided to learn how to take the offense and challenge the State alimony statutes while at the same time successfully fending off opposing counsel's relentless attacks to find non-existent assets they suspect him of hiding.

Not only has Cabana not been able to pay alimony and because of living a life about the poverty level, but the opposing attorney has been unable to collect any attorney's fees for any of the work she has done for her client. This is one of the fun parts of being pro se (your own attorney.) But they still keep trying to get blood from a stone.

In the State court's orders and rulings you will note that gender-bias against Cabana and the court's pro-Mayo attitude in the face of overwhelming evidence to the contrary and case law in favor of Cabana. Notice how the opposing attorney's motions are all heard (and Cabana's motions are summarily denied) while hearing dates for Cabana have been delayed in having a hearing set by the judges office. This represents unequal standing before the court and justice denied!!

Cabana files motions and is not granted hearings. Mayo files motions and is immediately granted hearings. Cabana files meritful memos of law on his motions to deny Mayo's motions and despite Mayo not rebutting the caselaw offered nor filing any memos of law, Mayo's motions are summarily granted without analysis or reasoned opinion by the courts.

On January 6, 2006, at the end of a trial for his Petition for Modification of Alimony, Cabana was thrown in jail for contempt of court resulting from the false allegations of opposing counsel that his mother was hiding money for him in her retirement accounts. The crime he committed was the crime of living below the poverty level and not having enough money income from his $766/mo. Social Security check to pay the lifetime alimony anymore. On top demanding an almost $9,000 purge amount to get out of jail, the court assess him $250/mo to be paid from his small Social Security check to pay his ex for inflated arrearages.

On the plus side, he was successful in getting all further alimony terminated. However, since the court falsely determined that his mother was hiding his money, they assessed him with approx. $27,000 of the ex's attorney's fees. Now he is living on $516/mo. and with no assets. This is your court system. A court which is suppose to operate in "equity."

The court has no qualms about stomping a person further into the ground when he is down. And people wonder why there is no respect for the courts and all the laws that have proliferated.

If you think that this war is over just because the enemy has won a few battles and unjustly incarcerated Cabana, keep checking this website. Cabana has just begun to fight. Now that the little skirmishes with narrow-minded, gender-biased judges who ignore constitutional rights and arrogant, harassing attorneys have ended, the real battles are ahead and our goals are in sight.


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Read....

This is the judicial climate in which divorcing Floridians find themselves.
These are all excerpts of a little known
The Report of the Florida Supreme Court Gender Bias Study Commission (1990) report,

"Most of Florida's circuit court judges dislike dealing with family law matters. This attitude can affect the outcome of cases." (page 6)

"As a result of their almost unlimited discretion, trial courts distribute marital assets either as property or alimony with a lack of certainty and consistency. This may lead to inappropriate property settlements between the parties." (page 7)

"…gender bias permeates Florida's legal system today." (page 42)

"After reviewing this monograph, the Chief Justice of Florida and his colleagues on the Florida Supreme Court concluded that gender bias does in fact exist in the state's legal system." (page 42)

"Apparently, most judges really do not want to hear family law matters and it shows…It cannot be comforting to find that the one who holds the future of your access to your children and your financial future in his or her hands has, at best, little interest in that role, or, at worst, a distaste for it." (page 54)

"Thus, alimony should be considered as general compensation for the wife's lost opportunities rather than a claim for support based upon need." (page 58)

Note: For information on references cited
in the Federal Cases below,
click here.

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Important: Read this recent ruling from Chief Judge J.C. Farmer by the Florida 4th District Court of Appeals. It shows the court's attitude towards permanent alimony.
 

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Cabana v. Mayo

Removal From State Court to Federal Court

Federal Lawsuit - Constitutional Challenge of the Florida Alimony Statues

Circuit Court Lawsuits: Fifteenth Judicial Circuit in Palm Beach County, FL
Family Division Case #71-C-4137-FD renumbered to 501971DR004137XXDIFD  

A New Battle Begins - The Ongoing Saga

As a demonstration of how vindictive and greedy some ex's are over 36 years after the divorce, you can see how the relentless vindictive pursuit of the hapless husband continues beyond reasonable limits.

Here's a prime example of an ex-spouse whose assets are in excess of $1,000,000 and who has a cash flow through her bank account back in 2006 [over a period of 3 years] of approx. $65,000/year is not satisfied to remain content with her gains in life. No, she has to pursue her ex-husband whose only income is $810/mo from Social security and who has no assets to his name. Click here for more details of the ongoing battle.

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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.

Check out the website: How to Win in Court...Without a Lawyer.  The site belongs to an attorney with 25 years experience who offers to help pro se litigants with a self-help course that costs $249 (plus $7.50 priority shipping). It appears to be quite comprehensive and well organized. The site has Q&A Help Forums, Users Groups, Legal Dictionary, Videos, Tutoring, Justice Magazine, Tips & Tactics Newsletter. Well worth a look and they have sample forms such as mentioned above that you can use in your case.

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This page was last updated: 10/06/2011