Civil rights case - rights violated

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rodman98

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I am questioning if I have a case as I feel my rights have been taken from me. I am disabled and unemployable. My sole income is from disability income from the VA and Social Security. I was found in contempt of court by a Florida county judge. The judge threatened to have my income garnished, and threatened me with incarceration. I have physical and mental disabilities. I suffer from PTSD. I live in Texas, and for the court hearing, my ex-wife and I conferenced in by phone. I have a lawyer representing me in the courtroom in Florida. I do not feel I was ever in contempt as I did not have the ability to pay the alimony.

I petitioned to modify my alimony, and the judge stopped it. His reasoning was because of the amount of income I made in 1996 compared to what I receive now, which is double in amount. I believe he erred in judgment. My ex-wife lied on her financial affidavit, but the judge ignored it. The judge has been very prejudiced towards me.

Last week, the judge did not allow me to participate in the court hearing, due to my being in contempt. I had been ordered to pay the alimony, or show up and turn myself into the county jail. Because of my disability I could not travel from Texas to Florida, and I also did not have the money to travel. So, I was not able to speak for myself during the hearing.
During the hearing, the judge said something that I feel was very discriminating. He said that "you wake up every morning to free money." I find this to be a very derogatory remark. It is very demeaning. The judge knew that I am not on welfare and not on food stamps.

I retired from the Navy. Served in Vietnam and Desert Storm. The Veterans Administration rated me for my service connected injuries. The money I receive from Social Security disability is determined by what I paid into FICA taxes my entire working life.
At the end of the court hearing the judge asked me a question, which caught me off guard. I did not understand what he asked, so I politely asked him to repeat the question. He was very disrespectful, by saying he would not repeat the question. He said he already knew my answer.

There was a court reporter so everything that was said and occurred is on record.

Do I have a civil rights case? The judge, my ex-wife and her lawyer have caused me much emotional stress and suffering. I have to question whether taking money from someone that is disabled is legal? Have disability rights laws been broken?
I need a lawyer that can take my case.
 
Having a judgment against you is not illegal. Collection can be difficult in your situation due to limitations of income garnishment. How much does she earn? How much do you get? Some VA/SS pensions can run over $50k p/yr.
 
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Having a judgment against you is not illegal. Collection can be difficult in your situation due to limitations of income garnishment. How much does she earn? How much do you get? Some VA/SS pensions can run over $50k p/yr.

My ex-wife's monthly gross is $1800 a month. My monthly income is $7050, tax free.
I was not disabled during the marriage or at the time of the divorce in 1996. I became disabled in 2011. I do not think the disability money can be divided since it was not 'marital property'. Our divorce agreement states any income after the divorce is 'separate property.'
 
My lawyer in Florida is a family law attorney. She has not come through for me in my defense like I had hoped. She does not answer my questions, so has not been helpful when I bring up civil rights or disability rights violations.
 
Thanks for your reply. I understand. What could happen if the judge is found to have made a mistake? Is he allowed to say anything even if it is a racial slur, or against a persons religious beliefs. I would think he has to be accountable and since he works for the county, maybe I can get a case against the county? What if he violated the ADA (disability act) laws?
 
Thanks for your reply. I understand. What could happen if the judge is found to have made a mistake? Is he allowed to say anything even if it is a racial slur, or against a persons religious beliefs. I would think he has to be accountable and since he works for the county, maybe I can get a case against the county? What if he violated the ADA (disability act) laws?


If you have a defense, it won't be because of any alleged racial, ethnic, or other slurs.

Those could get the judge in trouble with the judicial commission, or the electorate, but that won't help you.

I suggest you consult with other local attorneys. Discuss your case, the first consultation is normally free.

Check your options.
 
I think I remember this guy from another board, a couple of years ago.

If he is the person I think he is, don't waste your breath trying to tell him anything he doesn't want to hear.
 
Hmmm. Let's analyze this.

His NET earnings are $7k. Ex's GROSS earnings are $1800

Somebody please explain why he should be relieved of his alimony obligation?

Anyone?

Bueller?

He out-earns MOST people in this country and not by a small margin.
 
Since I am not normally a family law person, I don't remember the details, but it seems to me that he had acquired another family and was looking for any and every way to avoid having to pay his first family. Pro, you should remember this guy.
 
I remember him too. This is probably him:
http://www.complaintsboard.com/profile-1338927

Google Haltom City, TX. I'm a die hard Texan, but Haltom City is a dump, a real open sewer.

Anyway, have a few yucks....



"My only income is from VA disability and Social Security(SSDI).

I have been ordered by a county judge to pay alimony to my ex-wife I divorced 17 years ago.

I have been threatened with incarceration if I do not pay. I suffer from PTSD.

Have my rights been violated?

Can my money be garnished?

Do I have rights to protect my income?"



http://www.complaintsboard.com/complaints/florida-alimony-laws-disability-rights-c693210.html
 
For some odd reason I'm drawing a blank.

Probably lack of sleep, not enough caffeine and basking in the wonderment that was the Steelers win yesterday.

:D
 
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