Alimony facts in Florida

[FL no-fault]

What is the name of your state (only U.S. law)? FL

My experience going thru a divorce is a night mare and will ruin a person.
Things that I have found out the hard way:
1)Florida is a no-fault state, nothing matters: I feel fault should matter if the spouse left to be with anther person and then gets Alimony.
2) Perjury Divorce is in a civil court, not criminal. Judges will not file perjury charges when someone lies under oath for financial gain. It is common practice to lie in court and the Judge looks figures what one to believe. May not make a difference in the Judges decision.
3) Attorney's lie in court and also to their clients. Decisions are made without your knowledge and statements are made without your knowledge.
4) Attorney's & Judges are friends that work together. This is the reason why cases drag on and fee's are so high.
5) Courts rule against the spouse with financial assets to use for legal fee's.
6) Attorney's will bleed money out of you by using the Court to get fee's and use contempt charges of going to jail. They know you can not do anything about it and if you end up in jail with out a crime being committed, you will loose your jail, have a record and still have to paid the other Attorney Fee's.
7) Crime actually does pay in civil court during a divorce, Florida is a no-fault state, adultery does not matter, perjury is not enforce, criminal acts is not a fault, false claims is use as facts, hearsay is used as facts, Attorney's that lie for their clients are the winners.
8) Cases are heard by a judge, never a jury trial. Anything that you lived by as a good honest citizen and tried to save for a future will shock you as the final judgment will take it all away from you.
9) Assets will be somewhat divided in half, does not matter on the contribution to a marriage. Fl Statutes are not followed & this is how the courts proceed under their rules that have been used.
10) The vows that are said during a marriage have no weight in divorce court and not actually part of a marriage. Marriage is a contract for legal rights in court.
11) There will be communication by the spouse and/ or opposing Attorney to the Judge without your knowledge.
12) Alimony can be higher then what you will receive to live on
13) Alimony can be automatically deducted from your paycheck from a court order
14) there are no guide lines for a Judge to use in determining Alimony.
15) opposing Attorney will tell the Judge that you have the ability to pay and that the client needs that amount without proof.
16) The Judge while not take in consideration of your needs.
17) Agreements made will not be kept
12) Alimony can be higher then what you will receive to live on
13) Alimony can be automatically deducted from your paycheck from a court order
14) there are no guide lines for a Judge to use in determining Alimony.
15) opposing Attorney will tell the Judge that you have the ability to pay and that the client needs that amount without proof.
16) The Judge while not take in consideration of your needs.
17) Agreements made will not be kept
18) you will realize that you have no rights

I personal feel that the court should look at fault and use factual findings in making a decision that effects the life of an innocent spouse.
Courts should also consider false police reports filed, false restraining orders filed, perjury in court, use only absolute facts in making a decision, not encourage lying in court, penalize the spouse that is in the wrong and not provided equal participation in the marriage, adultery should be consider with facts, conduct during the marriage, children should be an innocent party, not consider child classes if no minor children at filing and not notifying a spouse that of a class that is scheduled, No communication should be given to the court without the knowledge of all people involved, No hearings without all of the spouses involved, the Judge should involve the SAO when there is a crime

Is anything that I listed as facts be done?

[Silverplum]

They're hardly FACTS if they're your ~feelings.~ Plus, several of your "facts" are outright untruths.

But I'm sure you feel better now.

Originally Posted by FL no-fault

What is the name of your state (only U.S. law)? FL

My experience going thru a divorce is a night mare and will ruin a person.
Things that I have found out the hard way:
1)Florida is a no-fault state, nothing matters: I feel fault should matter if the spouse left to be with anther person and then gets Alimony.
2) Perjury Divorce is in a civil court, not criminal. Judges will not file perjury charges when someone lies under oath for financial gain. It is common practice to lie in court and the Judge looks figures what one to believe. May not make a difference in the Judges decision.
3) Attorney's lie in court and also to their clients. Decisions are made without your knowledge and statements are made without your knowledge.
4) Attorney's & Judges are friends that work together. This is the reason why cases drag on and fee's are so high.
5) Courts rule against the spouse with financial assets to use for legal fee's.
6) Attorney's will bleed money out of you by using the Court to get fee's and use contempt charges of going to jail. They know you can not do anything about it and if you end up in jail with out a crime being committed, you will loose your jail, have a record and still have to paid the other Attorney Fee's.
7) Crime actually does pay in civil court during a divorce, Florida is a no-fault state, adultery does not matter, perjury is not enforce, criminal acts is not a fault, false claims is use as facts, hearsay is used as facts, Attorney's that lie for their clients are the winners.
8) Cases are heard by a judge, never a jury trial. Anything that you lived by as a good honest citizen and tried to save for a future will shock you as the final judgment will take it all away from you.
9) Assets will be somewhat divided in half, does not matter on the contribution to a marriage. Fl Statutes are not followed & this is how the courts proceed under their rules that have been used.
10) The vows that are said during a marriage have no weight in divorce court and not actually part of a marriage. Marriage is a contract for legal rights in court.
11) There will be communication by the spouse and/ or opposing Attorney to the Judge without your knowledge.
12) Alimony can be higher then what you will receive to live on
13) Alimony can be automatically deducted from your paycheck from a court order
14) there are no guide lines for a Judge to use in determining Alimony.
15) opposing Attorney will tell the Judge that you have the ability to pay and that the client needs that amount without proof.
16) The Judge while not take in consideration of your needs.
17) Agreements made will not be kept
12) Alimony can be higher then what you will receive to live on
13) Alimony can be automatically deducted from your paycheck from a court order
14) there are no guide lines for a Judge to use in determining Alimony.
15) opposing Attorney will tell the Judge that you have the ability to pay and that the client needs that amount without proof.
16) The Judge while not take in consideration of your needs.
17) Agreements made will not be kept
18) you will realize that you have no rights

I personal feel that the court should look at fault and use factual findings in making a decision that effects the life of an innocent spouse.
Courts should also consider false police reports filed, false restraining orders filed, perjury in court, use only absolute facts in making a decision, not encourage lying in court, penalize the spouse that is in the wrong and not provided equal participation in the marriage, adultery should be consider with facts, conduct during the marriage, children should be an innocent party, not consider child classes if no minor children at filing and not notifying a spouse that of a class that is scheduled, No communication should be given to the court without the knowledge of all people involved, No hearings without all of the spouses involved, the Judge should involve the SAO when there is a crime

[Bali Hai]

Originally Posted by FL no-fault

What is the name of your state (only U.S. law)? FL

My experience going thru a divorce is a night mare and will ruin a person.
Things that I have found out the hard way:
1)Florida is a no-fault state, nothing matters: I feel fault should matter if the spouse left to be with anther person and then gets Alimony.
2) Perjury Divorce is in a civil court, not criminal. Judges will not file perjury charges when someone lies under oath for financial gain. It is common practice to lie in court and the Judge looks figures what one to believe. May not make a difference in the Judges decision.
3) Attorney's lie in court and also to their clients. Decisions are made without your knowledge and statements are made without your knowledge.
4) Attorney's & Judges are friends that work together. This is the reason why cases drag on and fee's are so high.
5) Courts rule against the spouse with financial assets to use for legal fee's.
6) Attorney's will bleed money out of you by using the Court to get fee's and use contempt charges of going to jail. They know you can not do anything about it and if you end up in jail with out a crime being committed, you will loose your jail, have a record and still have to paid the other Attorney Fee's.
7) Crime actually does pay in civil court during a divorce, Florida is a no-fault state, adultery does not matter, perjury is not enforce, criminal acts is not a fault, false claims is use as facts, hearsay is used as facts, Attorney's that lie for their clients are the winners.
8) Cases are heard by a judge, never a jury trial. Anything that you lived by as a good honest citizen and tried to save for a future will shock you as the final judgment will take it all away from you.
9) Assets will be somewhat divided in half, does not matter on the contribution to a marriage. Fl Statutes are not followed & this is how the courts proceed under their rules that have been used.
10) The vows that are said during a marriage have no weight in divorce court and not actually part of a marriage. Marriage is a contract for legal rights in court.
11) There will be communication by the spouse and/ or opposing Attorney to the Judge without your knowledge.
12) Alimony can be higher then what you will receive to live on
13) Alimony can be automatically deducted from your paycheck from a court order
14) there are no guide lines for a Judge to use in determining Alimony.
15) opposing Attorney will tell the Judge that you have the ability to pay and that the client needs that amount without proof.
16) The Judge while not take in consideration of your needs.
17) Agreements made will not be kept
12) Alimony can be higher then what you will receive to live on
13) Alimony can be automatically deducted from your paycheck from a court order
14) there are no guide lines for a Judge to use in determining Alimony.
15) opposing Attorney will tell the Judge that you have the ability to pay and that the client needs that amount without proof.
16) The Judge while not take in consideration of your needs.
17) Agreements made will not be kept
18) you will realize that you have no rights

I personal feel that the court should look at fault and use factual findings in making a decision that effects the life of an innocent spouse.
Courts should also consider false police reports filed, false restraining orders filed, perjury in court, use only absolute facts in making a decision, not encourage lying in court, penalize the spouse that is in the wrong and not provided equal participation in the marriage, adultery should be consider with facts, conduct during the marriage, children should be an innocent party, not consider child classes if no minor children at filing and not notifying a spouse that of a class that is scheduled, No communication should be given to the court without the knowledge of all people involved, No hearings without all of the spouses involved, the Judge should involve the SAO when there is a crime

Well, we really appreciate this information, especially the part where you repeated yourself, however, WE ALREADY KNOW THIS, come back and tell us something we don't know!!

[FL no-fault]

I listed mostly what happened during my divorce.
Every Divorce is different and people lie in court.
Please tell me what you think is an untruth, I appreciate your feed back.

[Gracie3787]

Do you have a question?
If you do, you'll need to post it.

If you don't have any questions, you've come to the wrong site to simply vent.

BTW- How long ago was this divorce finalized?
If it has been less than 30 days, you should get a consult with an attorney who specializes in appeals to see if you have a legal basis for filing an appeal.
You can get a low cost consult by calling the Florida Bar Lawyer Refferal Service at 1-800-342-8011.

[FL no-fault]

It has been more then 30 days. The final arguments were written and sent in my mail. I had no idea what was given to the Judge. I had no idea of this before and never would have found out without researching. Hearings were without my attendance, hearings also done by telephone without me. I wish I could have been given the chance to know what was being said.

[Gracie3787]

Originally Posted by FL no-fault

It has been more then 30 days. The final arguments were written and sent in my mail. I had no idea what was given to the Judge. I had no idea of this before and never would have found out without researching. Hearings were without my attendance, hearings also done by telephone without me. I wish I could have been given the chance to know what was being said.

Why on earth didn't you attend the hearings??

IF it was because you were NOT notified of the hearings, you NEED to see an attorney ASAP to see what your options are.

[Bali Hai]

Originally Posted by FL no-fault

It has been more then 30 days. The final arguments were written and sent in my mail. I had no idea what was given to the Judge. I had no idea of this before and never would have found out without researching. Hearings were without my attendance, hearings also done by telephone without me. I wish I could have been given the chance to know what was being said.

Well, just what did you expect??

[FL no-fault]

Originally Posted by Silverplum

They're hardly FACTS if they're your ~feelings.~ Plus, several of your "facts" are outright untruths.

But I'm sure you feel better now.

Thank you for your input. These are facts that did happen in my case.

[FL no-fault]

Originally Posted by Gracie3787

Why on earth didn't you attend the hearings??

IF it was because you were NOT notified of the hearings, you NEED to see an attorney ASAP to see what your options are.

I had an Attorney that kept me out of the loop. There are so many things that are not right, that I feel this should have been done in a criminal court. I have never been in a divorce and trusted what my Attorney told me.

[Gracie3787]

Originally Posted by FL no-fault

I had an Attorney that kept me out of the loop. There are so many things that are not right, that I feel this should have been done in a criminal court. I have never been in a divorce and trusted what my Attorney told me.

If you think your attorney did something wrong, you have the right to file a complaint with the Florida Bar.

Divorces are NEVER done in criminal court, it is always civil court.

I doubt that you can do anything now. But it won't hurt to get a consult with another attorney.

In the mean time, you'll probably have to wait it out until there has been a change of circumstances that would be a basis for a modification, IF the alimony is modifiable.

[FL no-fault]

Originally Posted by Bali Hai

Well, just what did you expect??

Thank you for your comments. I was hoping for Factual findings and honesty in the court system.

[Zigner]

Originally Posted by FL no-fault

Thank you for your comments. I was hoping for Factual findings and honesty in the court system.

Seriously, are you just here to vent? Because if you are, this is NOT the right place.

[Ohiogal]

Alimony

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What is the name of your state (only U.S. law)? FL

My former spouse lied in court that she lived alone, when in fact she was living with another man. Her Attorney used a court order to have my wages garnished giving my former spouse more then me from my paycheck. What are some of my options? My former spouses Attorney knew this.
Find a Family Law Attorney

Really? How do you know what the other Attorney knew? As for your rant, lets go through it step by step shall we:

My experience going thru a divorce is a night mare and will ruin a person.
Things that I have found out the hard way:
1)Florida is a no-fault state, nothing matters: I feel fault should matter if the spouse left to be with anther person and then gets Alimony.

Adultery is considered. Per 2009-FL-0318.080
RABBATH v. FARID

Adultery can be considered in fashioning an unequal distribution of assets and liabilities to the extent the marital misconduct depleted marital resources. See Childers v. Childers, 640 So. 2d 108, 109 (Fla. 4th DCA 1994).

and then there is this from the same case:

Section 61.08(2)(g), Florida Statutes (2005), which deals with alimony, requires the trial court to consider "all relevant economic factors," including "[a]ll sources of income available to either party" as well as "any other factor necessary to do equity and justice between the parties." Subsection (1) of this statute states that "[t]he court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded."

2) Perjury Divorce is in a civil court, not criminal. Judges will not file perjury charges when someone lies under oath for financial gain. It is common practice to lie in court and the Judge looks figures what one to believe. May not make a difference in the Judges decision.

Credibility matters to the judge. Perjury when criminal can be prosecuted but it is NOT up to the judge to file charges. It would be up to you. And you have to prove it is perjury which is NOT being wrong under oath. Per Florida Law:

837.011 Definitions.
In this chapter, unless a different meaning plainly is required:

(1) "Official proceeding" means a proceeding heard, or which may be or is required to be heard, before any legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath, including any referee, general or special magistrate, administrative law judge, hearing officer, hearing examiner, commissioner, notary, or other person taking testimony or a deposition in connection with any such proceeding.

(2) "Oath" includes affirmation or any other form of attestation required or authorized by law by which a person acknowledges that he or she is bound in conscience or law to testify truthfully in an official proceeding or other official matter.

(3) "Material matter" means any subject, regardless of its admissibility under the rules of evidence, which could affect the course or outcome of the proceeding. Whether a matter is material in a given factual situation is a question of law.

and:

837.012 Perjury when not in an official proceeding.
(1) Whoever makes a false statement, which he or she does not believe to be true, under oath, not in an official proceeding, in regard to any material matter shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) Knowledge of the materiality of the statement is not an element of this crime, and the defendant's mistaken belief that his or her statement was not material is not a defense

and

837.02 Perjury in official proceedings.
(1) Except as provided in subsection (2), whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding in regard to any material matter, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding that relates to the prosecution of a capital felony, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Knowledge of the materiality of the statement is not an element of the crime of perjury under subsection (1) or subsection (2), and the defendant's mistaken belief that the statement was not material is not a defense.

So prove that your ex wife did not believe it to be true.
Regarding this:

3) Attorney's lie in court and also to their clients. Decisions are made without your knowledge and statements are made without your knowledge.

Attorneys are not allowed to lie in court. That is an ethical violation. If your attorney knowingly lied in court report them. If your attorney did not inform you of things or lied to you, file a grievance against them.

4) Attorney's & Judges are friends that work together. This is the reason why cases drag on and fee's are so high.

Actually no. Fees are so high due to overhead. Attorneys are responsible for paying for their staff, equipment, CLE credits (which are normally $100 or so per), malpractice insurance (increases every year in practice), gas, electric, phone, school loans -- should I continue?

5) Courts rule against the spouse with financial assets to use for legal fee's.

COURTS do not receive legal fees.

6) Attorney's will bleed money out of you by using the Court to get fee's and use contempt charges of going to jail. They know you can not do anything about it and if you end up in jail with out a crime being committed, you will loose your jail, have a record and still have to paid the other Attorney Fee's.

What contempt? What attorney fees were you court ordered to pay?

7) Crime actually does pay in civil court during a divorce, Florida is a no-fault state, adultery does not matter, perjury is not enforce, criminal acts is not a fault, false claims is use as facts, hearsay is used as facts, Attorney's that lie for their clients are the winners.

Wrong as I have already stated.

8) Cases are heard by a judge, never a jury trial. Anything that you lived by as a good honest citizen and tried to save for a future will shock you as the final judgment will take it all away from you.

Florida is an equitable distribution state.

9) Assets will be somewhat divided in half, does not matter on the contribution to a marriage. Fl Statutes are not followed & this is how the courts proceed under their rules that have been used.

And? What type of contribution are you talking about? Who made the most money doesn't necessarily get the most.

10) The vows that are said during a marriage have no weight in divorce court and not actually part of a marriage. Marriage is a contract for legal rights in court.

Vows are pretty but marriage is set forth by statute. Would it make you feel better if you recited the Florida statutes as your wedding vows to remind yourself?

11) There will be communication by the spouse and/ or opposing Attorney to the Judge without your knowledge.

Prove it. What ex parte communication happened?

12) Alimony can be higher then what you will receive to live on

Depends.

13) Alimony can be automatically deducted from your paycheck from a court order

Yes it can be garnished.

[Ohiogal]

14) there are no guide lines for a Judge to use in determining Alimony.

That is wrong as statute gives guidelines:

61.08 Alimony.
(1) In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be rehabilitative or permanent in nature. In any award of alimony, the court may order periodic payments or payments in lump sum or both. The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded. In all dissolution actions, the court shall include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony.

(2) In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to:

(a) The standard of living established during the marriage.

(b) The duration of the marriage.

(c) The age and the physical and emotional condition of each party.

(d) The financial resources of each party, the nonmarital and the marital assets and liabilities distributed to each.

(e) When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.

(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.

(g) All sources of income available to either party.

The court may consider any other factor necessary to do equity and justice between the parties.

(3) To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with any other assets which may be suitable for that purpose.

(4)(a) With respect to any order requiring the payment of alimony entered on or after January 1, 1985, unless the provisions of paragraph (c) or paragraph (d) apply, the court shall direct in the order that the payments of alimony be made through the appropriate depository as provided in s. 61.181.

(b) With respect to any order requiring the payment of alimony entered before January 1, 1985, upon the subsequent appearance, on or after that date, of one or both parties before the court having jurisdiction for the purpose of modifying or enforcing the order or in any other proceeding related to the order, or upon the application of either party, unless the provisions of paragraph (c) or paragraph (d) apply, the court shall modify the terms of the order as necessary to direct that payments of alimony be made through the appropriate depository as provided in s. 61.181.

(c) If there is no minor child, alimony payments need not be directed through the depository.

(d)1. If there is a minor child of the parties and both parties so request, the court may order that alimony payments need not be directed through the depository. In this case, the order of support shall provide, or be deemed to provide, that either party may subsequently apply to the depository to require that payments be made through the depository. The court shall provide a copy of the order to the depository.

2. If the provisions of subparagraph 1. apply, either party may subsequently file with the depository an affidavit alleging default or arrearages in payment and stating that the party wishes to initiate participation in the depository program. The party shall provide copies of the affidavit to the court and the other party or parties. Fifteen days after receipt of the affidavit, the depository shall notify all parties that future payments shall be directed to the depository.

3. In IV-D cases, the IV-D agency shall have the same rights as the obligee in requesting that payments be made through the depository.

15) opposing Attorney will tell the Judge that you have the ability to pay and that the client needs that amount without proof.

really? Did you contradict that?

16) The Judge while not take in consideration of your needs.

maybe and maybe not> What are your needs? Because quite frankly needs are very simple to the court.

17) Agreements made will not be kept

What agreements? If there were agreements they could have been entered as an agreed entry to be signed off by the judge and made an order.

18) you will realize that you have no rights

You have many rights.

I personal feel that the court should look at fault and use factual findings in making a decision that effects the life of an innocent spouse.

The court can look at fault. What proof did you have? What evidence did you present. Factual findings are used.

Courts should also consider false police reports filed,

Police reports are hearsay. Prove that the reports were false with testimony.

false restraining orders filed,

More hearsay and inadmissible. Prove that the restraining orders are false.

perjury in court,

Prove it.

use only absolute facts in making a decision,

The judge finds facts. Now you may disagree with the findings but they are based on evidence presented and admitted.

not encourage lying in court,

Lying is NOT encouraged.

penalize the spouse that is in the wrong and not provided equal participation in the marriage,

Such as what? Because participation is not just based on who earns the most or any money.

adultery should be consider with facts,

Did you prove adultery.

conduct during the marriage,

'

If conduct was that bad you wouldn't have stayed.

children should be an innocent party, not consider child classes if no minor children at filing and not notifying a spouse that of a class that is scheduled,

You are contradicting yourself. You either have children or you don't. Also the parenting class is statutory and you are required to know the law:

61.21
Title VI [6] CIVIL PRACTICE AND PROCEDURE
Chapter 61 DISSOLUTION OF MARRIAGE; SUPPORT; CUSTODY

--------------------------------------------------------------------------------
61.21 Parenting course authorized; fees; required attendance authorized; contempt.

If you didn't attend that was your mistake. Ignorance of the law is NOT a defense.

No communication should be given to the court without the knowledge of all people involved,

Service is performed of all filings -- it is required by the rules of civil procedure.

No hearings without all of the spouses involved,

Sorry but not going to happen. All that needs shown is service was achieved. If you didn't attend, that is on you.

the Judge should involve the SAO when there is a crime

It is not up to the judge to involve SAO. You could have filed a criminal complaint if you had proof that a crime had been committed.

Is anything that I listed as facts be done?

What facts?