Sheer Stupidity 001

"The Court" is out of touch with reality.  Appellant believed that no alimony could be verified as "needed" until Appellee's real estate assets were identified.  Petitioner had enough income for "the Court" to find that "her" Hilton Head timeshare(s) were non-marital but not enough to pay any legal fees.

Appellee’s Response to Motion to Supplement the Record is viewable at  https://edca.5dca.org/DCADocs/2012/3815/123815_35_05152013_12144153_e.pdf.

The Court ordered the mortgages to be paid out of Appellant’s employer’s 401k until the account was exhausted.  This had the consequence that all the funds used to pay the mortgages were taxed as ordinary income. 

The Appellant paid off the mortgages so that his “income” would not be over $48,000 more than it should be/need be.

The Court’s major concern, as described in the first complete paragraph on page three is:

“The point is that they should equally share in the tax write-off from the payment of the second and third mortgage.  She’s going to pay the first mortgage, so she gets the entire write-off from the payment of the first mortgage.”

The Court did not allow mortgage payments to be made out of required minimum distributions from accounts other than Harris until that account was exhausted.  Not good tax planning.

The Court “found” that the Apellant had income over $9,000 per month.  This included double counting of the required minimum distribution from a pre-marital 403b which should not be included at all.  It also included double counting for Dreyfus IRA.

The payments, as described in the Amended Final Order, generated additional tax liabilities and increased Appellant’s Part B Medicare premium by about $200 per month.  The Court undid the Medicare premium increase by an 8-month “nunc pro tunc”.

One of four issues raised by Appellee is that the Court did not distribute husband's bank account income.  During most of this case, Drefus Liquid Assets did not pay any "interest."  Husband's bank account income is far less than what he lost by maintaining a significant position in readily available cash.

“The Court” was concerned about tax write-offs when it should have been concerned about Petitioner complying with the mandatory disclosure list and filing a credible Financial Affidavitt.  The Court would have seen the wisdom in no alimony and have devoted its attention to developing a fair and equitable distribution of assets.

I want to see the CPA’s findings that Ms. Hodge needs alimony.

(DR)2H

Reversed and Remanded?

Truth:

I. The Trial Court Improperly Calculated the Husband’s Income By Failing to Reduce his Rental income by the Expenses Associated with Upkeep of the Old Dominion Property

II. The Trial Court Improperly Failed to include Investment Income Attributable to the Wife’s Equitable Distribution And Improperly Attributed the Same Income in Determining His Ability to Pay

III. The Trial Court Improperly Awarded Alimony in Excess Of the Wife’s Stated Need

IV. The Tria! Court Improperly Awarded the Wife the Marital Home as Lump Sum Alimony

V. The Trial Court Improperly Calculated the Premarital Portion of the Equity in the Old Dominion Property Contrary to the Supreme Court’s Decision in Kaaa y. Kaaa.

Must Do Something List

1.       Liberalize Drug Policy

2.       Decriminalize marijuana

3.       Decriminalize drugs

4.       Leave definition of marriage to the states

5.       Disband the Fed

6.       Balance the Budget

7.       Impeach Obama

8.       Defund VAWA

9.       Defund/Cancel/Repeal anything else that “sounds good”

10.   Rethink any law/treaty which does not affect US.

The Internet - The End of Localized Completeness

 The Supreme Court of Florida has adopted rules that require “the allegations” be signed and under oath.  A copy of the rule imposing this obligation (3-7.3(c)) may (or may not) be found at the Florida Bar’s web site at www.floridabar.org.

The oath consists of “Under penalty of perjury, I declare that the facts contained in … are, true, correct and complete.”  I wonder what definitions they are using.  My definitions of “true” and “correct” overlap considerably.  As for “complete,” the universe is complete but even it is evolving.  The Courts seem to be stuck in the days of William Blackstone:

“Blackstone had developed a great interest in common law, and in 1753 he began to lecture on that subject. These were the first lectures on English law ever delivered in a university. His listeners were captivated by the lucidity and charm of his style and by the simplicity with which he presented the subject. The latter virtue, however, was attained in part because Blackstone blurred the difficulties and contradictions of English law. He gave the whole subject an air of completeness and mutual interdependence as if it were a uniform logical system, and he suppressed or ignored its archaic aspects and instead acclaimed English law as the embodiment of 18th-century wisdom. He stated his aims in a notice of his lectures dated June 23, 1753:

“It is proposed to lay down a general and comprehensive Plan of the Laws of England; to deduce their History; to enforce and illustrate their leading Rules and fundamental Principles; and to compare them with the Laws of Nature and of other Nations.

“In 1754 Blackstone published Analysis of the Laws of England, a synopsis of his lectures for the guidance of his pupils. In October 1758 he was elected the first holder of a chair (the Vinerian professorship) of common law. His lectures formed the basis of his Commentaries, which were published in four successive volumes between 1765 and 1769.”

For a continuation of the article in Britannica Online see http://www.britannica.com/EBchecked/topic/68589/Sir-William-Blackstone/729/Assessment

The terminology is breathtaking:  “an air of completeness and mutual interdependence as if it were a uniform logical system” and he “suppressed or ignored its archaic aspects”.

The 200+-year history of the United States of America hadn’t even gotten started when Blackstone published his four volumes.  The internet is introducing an interdependence that was unimaginable in Blackstone’s day.  Only the web has potential for "completeness."  No single node can be "complete."

In the Florida judicial system “complete” means that no other factors or evidence need be considered.  Such completeness would allow the Judiciary decision making agent/node to act as if they were a closed system.  For applicable definitions of Open System and Closed System, see http://en.wikipedia.org/wiki/Open_and_closed_systems_in_social_science.

The Florida Judicial Systems needs to look closely at feedback loops.  Circuit Court judges in Family Law matters definitely need their findings of fact to be subject to review/correction.  If my personal experience is “typical,” we are in deep trouble.

My personal situation is an example of “The Road to Hell is paved with Good Intentions.”  My ex-spouse is an entitled victim in the 47%.  She has two (2) Master’s degrees.  One is basically in getting free help to help her do good/well.  She has a Director of Christian Education (DCE) degree from Emory University.

She has utilized student loans, victim’s support group(s), and extended unemployment.  (Her highest paying job was with Volunteers of America - Florida where she helped Vets with homelessness, alcohol, and drug problems.)  She wants everything to which she is entitled.  She got her second Master’s in Mental Health counseling in 2003.  Doesn’t she owe the current veterans her services at a reasonable price?  She is/was a licensed mental health counselor in Florida.  Would Florida license a person inappropriate for our Vets?

Should I pay alimony to keep her in the extremely comfortable life style to which she wanted to become accustomed?  Her two (2) real doctor brothers could afford her desired lifestyle.  With only a PhD in experimental particle physics, I could not.  My ex-spouse was enabled by various support groups.  If not the Road to Hell, then at least the Road to the Poor House for me is paved with the Good Intentions of many (good intentioned) people.  Judge Charles J. Roberts, 18th Circuit, may be the only one to suffer any negative consequences for his poorly directed good intentions.

 

 

 

Florida Liars List 9/9/12

1.       Diane Baccus-Horsley 321-727-9888

2.       Debbie Wasserman Schultz  9/9/12

The Social Contract

Chalmers Brothers, in Language and the pursuit of Happiness, Chapter 7 – Assertions and Assessments, states:

“Socially (for us non-hermits), certain expectations also arise when we make assertions and assessments.  When we make assertions, it is expected that

1.        The assertion is true, and

2.       We can and will provide evidence to support what we say, if asked.

“Language generates and creates, not just describes.  Make a bunch of false assertions and over time, you will absolutely generate a public identify for yourself of “liar.”  Consistently fail to provide evidence to back up the assertions you made, same thing.”

Diane Baccus-Horsley has earned the public identity of Liar.

FLORIDA LIARS LIST

1.       Diane Baccus-Horsley 321-727-9888