Saturday, April 5, 2014

Fair and Equitable Distribution of Assets


Should a 75-year-old Man Be Able to Keep What He Has Earned?

I was much more interested in Gloria Steinem than Bella Abzug but I did support equal opportunity for everyone.

I attended the Republican Convention that nominated George Allen for Governor.  I got involved through the efforts of Ann  of the Republicans for Choice movement.  I was more anti-Government involvement in family matters than I was FOR a woman’s right to choose.

I am now involved in a dispute with my ex-spouse over alimony and a fair and equitable distribution of assets.  I share the 5th District Court of Appeals with Casey Anthony and George Zimmerman.

That Court has remanded my case to the lower court.

Florida is a “no fault” state and I have been told by practicing lawyers that “the law is gender blind.”

Florida’s Dissolution of Marriage process is so bad that the Florida House and the Florida Senate passed a major alimony reform bill.  Under pressure from who knows where, Governor Scott vetoed it.

Everybody now knows much more about the veracity of lawyers than I did 5 years ago.  Obama lied.  Debbie Wasserman Schultz lied.  Diane Baccus-Horsley lied.  I thought the Judge could tell that $28,800 a year and $4,000 per month were not the same.

There were so many errors in BaccusHorsley’s closing that I could not easily figure out what to object to or complain about.  Other than the stereotypical no good male narrative (with which I disagreed of course), there was little in her closing.

I identified 45 false assertions in her closing.  She acknowledged one as a scrivener’s error.  These out and out lies were not adepuate justification for the Florida BAR to discipline Ms. Baccus-Horsley.

Judge Charles J. Roberts of the 18th Circuit Court in Brevard County Florida found concerning income:

“8  INCOME:  The Court has determined the income of the parties as follows

A)     Respondent/Husband’s monthly income

a.       Social Security

b.      Zzz

c.      

B)      Petitioner/Wife’s monthly income

a.       Social Security

b.      Zzzz

c.      

C)      There is great disparity in the income and assets of parties.  The Respondent/Husband has 82% of the family income and the Petition/Wife has 18%”

My reading of the Florida statutes says that the Judge is supposed to come up with a fair and equitable distribution of assets before he addresses any possible need for alimony.

Judge Roberts was so misled by Ms. Baccus-Horsley that he did not do that.

From the beginning, I have stressed to my lawyer that I was only interested in a Fair and Equitable distribution of assets.  She thought that she and I might have a difference of opinion about that.  I was willing to acknowledge that “Fair and Equitable” is a little open to interpretation.

With equal rights and equality for women taken into account, a reasonable interpretation of “Fair and Equitable Distribution of Assets” would be in the same proportion as they were earned with the premarital and nonmarital stuff set aside.

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