“We are deeply troubled that circuit courts continue to illegally incarcerate people for civil contempt in the face not only of ample case law, but also a rule which clearly delineates the procedures that should be followed in order to ensure that the due process rights of alleged contemnors are protected. As the Supreme Court noted when issuing a public reprimand to a judge found to have improperly exercised his contempt powers, ‘[a]lthough the contempt power is an extremely important power for the judiciary, it is also a very awesome power and is one that should never be abused.’ See In re Inquiry Concerning Perry, 641 So. 2d 366, 368 (Fla. 1994). We therefore once again repeat our admonishment that there are dangers not only to litigants but to trial judges as well when contempt powers are abused. See Conley v. Cannon, 708 So. 2d 306 (Fla. 2d DCA 1998); Blalock v. Rice, 707 So. 2d 738 (Fla. 2d DCA 1997).” Bresch v Henderson, 761 So. 2d 449, (Fla. 2nd DCA 2000)

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 Assets of Successor Spouse:

• Lau v. Lau, App. 3 Dist., 407 So.2d 927 (1981): Trial court may not consider husband's present spouse's income in determining husband's increased ability to pay. .
• Fried v. Fried, App. 2 Dist., 375 So.2d 46 (1979): Although the court could not look to present wife's assets as a source for husband's alimony requirements, it could consider the fact that husband had declined to seek employment because his living expenses had been furnished by his present wife when determining what efforts husband should make in order to provide periodic alimony.
• Harville v. Harville, App. 1 Dist., 369 So.2d 377 (1979): Consideration of successive wife's income in determining whether former husband's child support and alimony payments to former wife should be increased is improper.

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.
• 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

Cohabitation:

• Florida Statutes Law 61.14(1)b. governing cohabitation
  • Florida Senate Analysis of the cohabitation bill.
  • Florida House of Representatives Analysis of the cohabitation bill.
• Bagley v. Bagley, 1D06-0122 (Fla.App. 1 Dist. 1-25-2007) - Even when in supportive relationship, alimony is not terminated
• Donoff v. Donoff, 940 So.2d 1221 (Fla.App. 4 Dist. 2006) - Burden shifts to spouse receiving alimony.

Contempt:

• Defined by Honorable Carolyn K. Fulmer, District Court of Appeal, 2nd District, 1999
• Florida Family Law Rule of Procedure 12.615: Contempt in support matters
• Bowen v. Bowen:  Understanding Contempt Civil versus Criminal.
• Burkley v. Burkley: 5th District Court of Appeals ruling on imputed income Sept. 05
• 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:

• Alimony: Peonage or Servitude?
• U. S. Code 42 - 1994: Abolishes peonage

Removal to Federal Court Actions:

• Cunningham v. BHP Petroleum: whether the dismissal of this removal based on lack of subject matter jurisdiction is a dismissal with or without prejudice.
• Whitney v. Wal-Mart: Importance of filing notice of removal in the lower court.
• State of Missouri, ex rel. Jeremiah W. (Jay) Nixon v. Edward Allen Moore: the case was removed to federal court and improperly granted judgment before its jurisdiction to proceed had re-attached.

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

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