Wednesday

What is Family Court Really Like?

NCFM Advisor GORDON E. FINLEY Ph.D. Professor of Psychology Emeritus — Governor waging war on men vetoed alimony reform

May 29, 2013
By NCFM

Editor: Yet again Florida’s Medicare Fraudster lies to the citizens of Florida and continues his war on men (“Scott vetoes bill to end permanent alimony,” 5/2/13). His veto letter implicitly lies by suggesting that a half-century of Family Law and Family Court Practice has been a level playing field where both men and women have been treated equally, fairly, and that when men signed permanent alimony agreements they did so of their own free will and free of any duress. Anyone familiar with Family Court Practice knows that this lie is as bald faced as Scott himself.

Well… it works this way in Florida. Even though our legislature unanimously voted in support of alimony reform there were a few women and a bunch of family law attorneys who make gazillions of dollars from the present system. So I vetoed it.

The letter below was published in The St. Augustine Record on Friday, May 10, 2013 and is followed by the article to which it responded.

Gordon E. Finley, Ph.D.

Governor waging war on men - By GORDON E. FINLEY Ph.D. Professor of Psychology Emeritus - Florida International University, Miami

Scott also wrote “Current Florida law already provides for the adjustment of alimony under the proper circumstances.” Were one to fact-check this direct quote from his veto letter, one would obtain a score of zero out of one hundred. Permanent alimony — which Scott favors — really is permanent and ends only with the death of one spouse. It is virtually impossible to modify permanent alimony no matter if you have Alzheimer’s disease or your income drops substantially or to zero. Pay or Gov. Scott will send a man (but never a woman) to debtor’s prison.

Gov. Scott is so desperate to get the “woman’s vote” that he is willing to wage a war on men and prey on men who already have been preyed upon by an unjust Family Court System.

I hope that his wife divorces him and takes him for every penny he’s got.

Perhaps then, and only then, will he understand that Family Law — which he so fervently embraces — really is a war On men.

Scott vetoes bill to end permanent alimony

TALLAHASSEE (AP)Gov. Rick Scott vetoed a bill late Wednesday that would have ended permanent alimony in Florida.

Scott vetoed the measure (SB 718) just four hours before the midnight deadline to approve or veto it. The bill automatically would have become law if Scott had done nothing by then.

If it had become law, Florida would have become the fifth state to abolish permanent alimony.

In a letter to Senate President Don Gaetz, Scott commended bill sponsors Ritch Workman in the House and Kelli Stargel in the Senate — both Republicans — and said there are “several forward looking elements of this bill.”

But alimony “represents an important remedy for our judiciary to use in providing support to families as they adjust to changes in life circumstances,” Scott wrote. “As a husband, father and grandfather, I understand the vital importance of family.”

Scott could not “support this legislation because it applies retroactively and thus tampers with the settled economic expectations of many Floridians who have experienced divorce,” he wrote. “The retroactive adjustment of alimony could result in unfair, unanticipated results.”

Florida law “already provides for the adjustment of alimony under the proper circumstances,” Scott wrote. “The law also ensures that spouses who have sacrificed their careers to raise a family do not suffer financial catastrophe upon divorce, and that the lower-earning spouse and stay-at-home parent will not be financially punished. Floridians have relied on this system post-divorce and planned their lives accordingly.”

The proposed law also would have set limits on the amount of alimony and how long one would receive financial support from an ex-spouse.

The bill would have made it harder to get alimony in short-term marriages. And it would have prevented alimony payments from lasting longer than one-half of the length of the marriage.

It also would have required judges to give divorced parents equal custody of their children absent extraordinary circumstances.

“I’m actually surprised,” said Jason Marks, a divorce attorney in Miami, about the veto. The bill had passed the House 85-31, with members of both parties crossing over. The Senate approved it 29-11.

“My assumption is, you haven’t heard the last of it,” Marks said. “Most family law practitioners will agree that uniformity in determination of alimony is a good thing.”

The bill said that in a short-term marriage, defined as less than 11 years, the assumption is that alimony would not be awarded. If alimony were granted, it would not be more than 25 percent of the ex-spouse’s gross income.

For marriages that last between 11 and 20 years, there’s no assumption either way in the bill, but alimony would not have amounted to more than 35 percent of the ex-spouse’s gross income.

And in marriages longer than 20 years, there was an assumption in favor of alimony, though not more than 38 percent of an ex-spouse’s gross income.

Moreover, the bill did not automatically end alimony when the paying ex-spouse retired, but that person could have asked a judge to reduce the payment or even end it. The judge could have considered age at retirement, ability to pay alimony and the financial situation of the person receiving alimony.

Alimony reforms are needed yesterday.

Lifetime alimony is a lucky lottery draw that pays forever for doing nothing.



OPEN PRESS DAY IN
MONMOUTH COUNTY FAMILY COURT
Friday, June 7th, 2013 at 8:00 a.m.

Come Witness a Protected Mobster, Blatant Corruption, Abused Children, and a Disrespected, Exploited Mother All In One Spot

Come One, Come All and
See What Family Court Is Really Like
(AND TEN DOLLARS THE COURT RESCHEDULES THE COURT HEARING TO KEEP THE PRESS OUT SINCE 1500 REPORTERS ARE ON THIS EMAIL BLAST)

Patricia Pisciotti's motion seeking the return of custody of her three children will be heard on Friday, June 7th before Judge Justus in Monmouth County NJ.  Disgraced Judge Escandon granted Mobster Nicholas Pisciotti custody despite just being released from prison and his refusal to continue in the Federal Witness Protection Program. Pisciotti confessed to killing one man, brutally beating another and a slew of other crimes while a member of organized crime. He testified against the head of an organized crime family and several others to avoid serving 40 years in prison. In Federal Court he admitted that there were known hits on his life, yet he cares so little about his children that he puts them in danger daily. Come see Monmouth County Family Court in all it's glory.  This will be the first time the courtroom is open.

Families Civil Liberties Union - www.fclu.org - Copyright © 2013 FCLU, All rights reserved. - Our mailing address is: - FCLU  -  PO BOX 1011   New York, NY 10036 

Remain an Equal Parent to your Child!


We only support organizations who show an understanding that children need both parents, and that either parent is equally capable of the choice to perpetrate hate or declare peace.




Mike Jeffries, author of A Family’s Heartbreak: 

A Parent’s Introduction to Parental Alienation, discusses the cost of parental alienation with host Melody Brooke on her womensradio.com program, Wake Up Call. Brooke, a licensed marriage and family therapist, devoted the entire 30-minute progam to helping her listeners understand what drives one parent to damage, and sometimes destroy, a normal, healthy, loving relationship between a child and the child’s other parent. “Melody sees parental alienation in her practice so she knows how parental alienation, if not addressed quickly and effectively, can have a life-long effect on everyone involved. Devoting her entire 30-minute program to the topic will hopefully help her listeners avoid these devastating consequences,” Jeffries said.

A FAMILY'S HEARTBREAK is an excellent book for any parent or targeted party in a parental alienation circumstance. Accompanying song licensed by publishing companies, "Video Wizards Music" and "Colorado Music" for use with SyndicatedNews.NET and SyndicatedNews.COM on an unlimited non-exclusive basis in exchange for promotional consideration. Owner / Administrator Video Wizards Music / BMI Colorado Music / ASCAP.

The most damaging thing to psychologically do to a child is to convince them they are unwanted or not loved by their parent. This is the one of the cruelest forms of child abuse.




Parental Alienation and the DSM-5
The DSM-5 Task Force will publish the next edition of the mental health profession’s Bible in 2013 and Task Force members are still considering whether or not to include parental alienation somewhere in the book.











NCFM Advisor letter published in the Miami Herald

June 24, 2011
By 



NCFM in the news!Stop double standard(scroll down to article) Re the June 21 article Charges formally dropped against Wittels:

Everybody has a vested interest in eliminating false rape charges. For males, false rape charges often appear on the front page of national newspapers, destroying their lives and careers and it never completely goes away even if a retraction is printed.For females, as the number of false rape charges are revealed, the public will find these charges non-credible. Those who truly are raped will not be believed.

Another national media case where three Duke University lacrosse players, falsely accused, were “convicted” by their university president, faculty members and the media was based on one woman’s word. That woman now sits in jail charged with the stabbing death of her most recent boyfriend.I have two suggestions: First, eliminate the current double standard. Get rid of gender bias that permeates the criminal-justice system and grant both sides due process protections. Second, the media should grant both genders equal media coverage. Current media practices are chauvinistically antediluvian and in need of contemporary revision.Gordon E. Finley, MiamiBahamian court formally drops charges against FIU’s Garrett Wittels...

 Read more 















WLYB...school board impact fees. Big development has been sliding on ZERO fees for the last 6 years...ENOUGH IS ENOUGH ..pay as you go
Posted by Glen Gibellina on Thursday, January 7, 2016







3 comments:

  1. It's human nature to seek out a partner in life, and to possibly marry and have children. Unfortunately the matrimonial establishment, as we are all aware, is being methodically torn down by a demoralized society. Sadly the divorce rate is still on the rise and the foundation of marriage is being devalued and is crumbling. As adults we learn to adapt and move on when divorce attacks our lives but for children this is another story. They are the real victims of divorce and unfortunately they will suffer dearly from our selfishness and in most cases follow the same path of destruction if not worse.
    As a nation we have been granted certain civil rights by our constitution. Through the years it has been amended to better the lives of many Americans. The two most notable changes have come to Women in the 1920s and with African Americans in the 1960s. These rights were long overdue for both segments of our nation but thankfully we realized our mistakes and corrected them. This was not an easy journey for either of these crusades but through dedication and perseverance the bells of liberty rang loudly and victory was achieved.
    Unfortunately we have reached yet another fork in the road and with that comes another challenge to the American people. "We've worked hard for women's rights, but we have to watch out that the pendulum doesn't swing the other way" says Ruthie J. of the Reach FM. Ironically the pendulum has already swung far to one side and this time the male gender is being demonized by erroneous and fraudulent information. Males are being portrayed as callus, uncaring, and without emotion. We are being taught that men represent 95% of abuse in this nation against women. These and many other false statistics are being recklessly strewn throughout society and none of it is true. Yes, women are being abused by men that is a fact. striking a woman is abhorrent to the highest degree and should be dealt with appropriately but men are abused at an equal rate and they are being ignored. According to a study by the Center for Disease Control men represent 38% of domestic violence related injuries. Compound that with the fact that only 0.9% of men report abuse verses 8.5% of women and I think we have a pretty equal degree of violence between partners.
    The cornerstone of this "abuse" is VAWA the Violence Against Women Act. It was passed into law by Bill Clinton in 1994 and has been extended by every subsequent President. This law funnels Billions of dollars into discriminatory education and propaganda that violates men's civil rights. Many times DVIs or Domestic Violence Injunctions are used as a tool in divorce, child custody or just vengeance against a partner, most often against males. This is because the system of acquiring a DVI is simple and requires no evidence, witnesses or prior police reports. Just the word of an alleged victim making a claim of abuse. The repercussions of these orders are devastating and many times result in a violation, arrest and complete destruction of one's life. Even in cases when they are dismissed, a serious blemish remains on the falsely accused forever; how does that look to potential employers who almost always perform background checks prior to employment? This must be stopped and a better system of protecting all victims of domestic violence should be put in place.
    I hope to help bring awareness to gender discrimination and help provide support for men who are abused. There are programs to help women of abuse but nothing for men. My website will provide more information on the facts, my personal experiences and the stories of those who have been victims of this heinous tactic of relationship vengeance. Men and women should truly have equal rights and currently the scales are unjustly tilted. Let's work together to end domestic violence and not vilify one gender as inherently abusive. "United we stand, divided we fall" A powerful statement that we must never forget.

    Thank you,
    Tom Lemons
    Founder, www.falsedvireports.com

    ReplyDelete
  2. PRO SE RIGHTS:
    Sims v. Aherns, 271 SW 720 (1925) ~ "The practice of law is an occupation of common right."

    Brotherhood of Trainmen v. Virginia ex rel. Virginia State Bar, 377 U.S. 1; v. Wainwright, 372 U.S. 335; Argersinger v. Hamlin, Sheriff 407 U.S. 425 ~ Litigants can be assisted by unlicensed laymen during judicial proceedings.

    Conley v. Gibson, 355 U.S. 41 at 48 (1957) ~ "Following the simple guide of rule 8(f) that all pleadings shall be so construed as to do substantial justice"... "The federal rules reject the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits." The court also cited Rule 8(f) FRCP, which holds that all pleadings shall be construed to do substantial justice.

    Davis v. Wechler, 263 U.S. 22, 24; Stromberb v. California, 283 U.S. 359; NAACP v. Alabama, 375 U.S. 449 ~ "The assertion of federal rights, when plainly and reasonably made, are not to be defeated under the name of local practice."

    Elmore v. McCammon (1986) 640 F. Supp. 905 ~ "... the right to file a lawsuit pro se is one of the most important rights under the constitution and laws."

    Federal Rules of Civil Procedures, Rule 17, 28 USCA "Next Friend" ~ A next friend is a person who represents someone who is unable to tend to his or her own interest.

    Haines v. Kerner, 404 U.S. 519 (1972) ~ "Allegations such as those asserted by petitioner, however inartfully pleaded, are sufficient"... "which we hold to less stringent standards than formal pleadings drafted by lawyers."

    Jenkins v. McKeithen, 395 U.S. 411, 421 (1959); Picking v. Pennsylvania R. Co., 151 Fed 2nd 240; Pucket v. Cox, 456 2nd 233 ~ Pro se pleadings are to be considered without regard to technicality; pro se litigants' pleadings are not to be held to the same high standards of perfection as lawyers.

    Maty v. Grasselli Chemical Co., 303 U.S. 197 (1938) ~ "Pleadings are intended to serve as a means of arriving at fair and just settlements of controversies between litigants. They should not raise barriers which prevent the achievement of that end. Proper pleading is important, but its importance consists in its effectiveness as a means to accomplish the end of a just judgment."

    NAACP v. Button, 371 U.S. 415); United Mineworkers of America v. Gibbs, 383 U.S. 715; and Johnson v. Avery, 89 S. Ct. 747 (1969) ~ Members of groups who are competent nonlawyers can assist other members of the group achieve the goals of the group in court without being charged with "unauthorized practice of law."

    Picking v. Pennsylvania Railway, 151 F.2d. 240, Third Circuit Court of Appeals ~ The plaintiff's civil rights pleading was 150 pages and described by a federal judge as "inept". Nevertheless, it was held "Where a plaintiff pleads pro se in a suit for protection of civil rights, the Court should endeavor to construe Plaintiff's Pleadings without regard to technicalities."

    Puckett v. Cox, 456 F. 2d 233 (1972) (6th Cir. USCA) ~ It was held that a pro se complaint requires a less stringent reading than one drafted by a lawyer per Justice Black in Conley v. Gibson (see case listed above, Pro Se Rights Section).

    Roadway Express v. Pipe, 447 U.S. 752 at 757 (1982) ~ "Due to sloth, inattention or desire to seize tactical advantage, lawyers have long engaged in dilatory practices... the glacial pace of much litigation breeds frustration with the Federal Courts and ultimately, disrespect for the law."

    Sherar v. Cullen, 481 F. 2d 946 (1973) ~ "There can be no sanction or penalty imposed upon one because of his exercise of Constitutional Rights."

    Schware v. Board of Examiners, United State Reports 353 U.S. pages 238, 239. ~ "The practice of law cannot be licensed by any state/State."

    ReplyDelete
  3. “Justice is a part of the human makeup. And if you deprive a person of Justice on a continuous basis, it’s really an attack (and not to get religious or anything) but it’s an attack on the human soul. We have, as societies, evolved ideas of Justice and we have done that because human nature needs Justice and it needs resolution. And if you deprive somebody of that long enough they’re going to have reactions…” ~ Juli T. Star-Alexander – Executive Director, Redress, Inc.

    Redress, Inc. 501c3 nonprofit corporation, created to combat corruption. Our purpose is to provide real assistance and solutions for citizens suffering from injustices. We operate as a formal business, with a Board of Directors guiding us. We take the following actions to seek redress: Competently organize as citizens working for the enforcement of our legal rights. Form a coalition so large and so effective that the authorities can no longer ignore us. We support and align with other civil rights groups and get our collective voices heard. Work to pass laws that benefit us and give us the means to fight against corruption, as is our legal right, and we work to repeal laws that are in violation of our legal rights. Become proactive in the election process, by screening of political candidates. As individuals, we support those who are striving to achieve excellence, and show how to remove from office those who have failed to get the job done. Make our presence known through every legal means. We monitor our courts and judges. We petition our government representatives for the assistance they are bound to provide us. We publicize our cases and demand redress. Create a flow of income that enables us to fight back in court, and to assist our members impoverished by the abuses inflicted on us. Create the means to relieve the stresses on us, as we share information and support each other. We become legal advocates for each other; we become an emotional support network for each other; we problem solve for individuals on a group basis! Educate our judges, lawyers, court personnel, law enforcement personnel and elected leaders about our rights as citizens! Actively work to eliminate incompetence, bias/prejudice, special relationships and corruption at all levels of government! Work actively with all media sources, to shed light on our efforts. It is reasonable to expect that if the authorities know we are watching and documenting, that their behaviors will improve. IT'S A HUGE TASK! Accountability will not happen overnight. But we believe that through supporting each other, we support ourselves. This results in a voice for justice and redress that cannot be ignored. Please become familiar with our web site, and feel free to call. We need each other - help us to help you! Although we are beginning operations in Nevada, we intend to extend into each state in a competent fashion. We are NOT attorneys, unless individual attorneys join us as members. We are simply people helping people. For those interested, we do not engage in the practice of law. You might be interested in this article Unauthorized Practice of Law on the Net. Call Redress, Inc. at 702.597.2982 or e-mail us at Redress@redressinc.com. WORKING TOGETHER TO ATTAIN FAIRNESS

    ReplyDelete

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