Right to Privacy at Issue Again Former Wife Wants to Jail Former Husband...

May 7, 2005 -- Florida's Right to Privacy is at issue again. It is raised by a former husband, whose income is below the poverty level, as a defense to attempts to jail him over non-payment of alimony from a divorce 34 years ago.

While Americans have been greeted daily with the sacrifices of American soldiers fighting for liberty and freedom in Afghanistan and Iraq, the war is an uncomfortable irony for William Cabana of Venice, Florida.

Mr. Cabana who dissolved his marriage in 1971 has been waging his own war for liberty and freedom against Florida family law and family courts. Says Cabana: "The American government loves to brag about American freedom and liberty to the rest of the world. The dirty little secret is that the Florida legislature with their "lifetime" alimony statutes has been stealing the freedom and liberty from its citizens."

Mr. Cabana was ordered, 34 years ago, to support his ex-wife with permanent alimony. For over 32 years he made the payments despite the fact that his ex-wife received the couple's entire share of their assets and has been more than capable of supporting herself.

Cabana continues: "...the state of Florida has turned the American dream of life, liberty, and pursuit of happiness into a nightmare of bondage, threats, and intimidation for me."

After over 32 years of paying the unjust alimony, with declining income, no ability to pay, no more assets to give, and retirement years of being forced to live below the Federal poverty level, Mr. Cabana fell behind in his alimony payments. Despite having no financial ability to pay, Florida's family courts are now attempting to jail him again, as they have in the past, on contempt charges for not paying alimony.

With the help of opposing divorce attorneys and merciless state alimony statutes, Florida family court judges have continued to threaten his freedom and liberty. Since Federal courts have recognized that divorce is protected by the Right to Privacy, on April 7, 2004, Mr. Cabana removed his case (Case No.71-C-4137-FD) to federal court seeking to have the courts recognize the that alimony statutes impermissibly intrude in his 14th Amendment Right to Privacy.

On November 12, 2004 the federal court remanded his federal case number 04-80316-Civ/Paine back to state court to seek declaratory relief on the constitutionality of Florida's alimony statutes...to the same state court that has kept him in bondage for over 30 years.

Fighting for survival Mr. Cabana challenged the Florida family court with a new case claiming that the alimony statute also violates the Florida Constitution Right to Privacy. (Case No. 50197DR004137XXDIFD).

Living on only a small Social Security check in subsidized housing, Mr. Cabana is being attacked once again by an attorney hired by his former spouse both of whom are on notice that Mr. Cabana has no assets and has an income below the poverty level. Nonetheless they want the Florida courts to hold Cabana in contempt and jail him.

Quoting Cabana once more: " I want every Floridian who pays alimony, is contemplating marriage and every person with a conscience to know what the state of Florida has done to me with forced alimony payments since it could also happen to them...all because my former wife and I chose to get married...and then after a while decided to divorce."

In the meantime, whenever he hears President Bush speak of the war for liberty and freedom in Iraq, Mr. Cabana wonders when that war for liberty and privacy be acknowledged by the Florida Courts.

Additional Information about William Cabana's ongoing court battle can be viewed at The Center For Liberty And Privacy website: www.cflap.org under legal filings.

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