PRESS RELEASE
For immediate release
CONTACT INFORMATION
Mike Gogola
Waycross, Georgia
Telephone (912) 281-8055
District Court Challenge to Florida's Alimony
Statute
Waycross, GA, Oct. 27 ,2004 --Florida's Alimony statute violates the
Federal and the State Constitutional Right to Privacy according to a
lawsuit, case number 2:04-cv-00417, filed Sept. 3, 2004 in District
Court
in Fort Myers, Florida.
According to the lawsuit filed by Mike Gogola the state cannot
intrude in the Privacy Protected Zone of personal decisions relating
to
marriage without a compelling state interest. Because the alimony
statute
is part of the dissolution of marriage statute, it impermissibly
intrudes on
the Privacy Right of Floridians. Mr. Gogola's Federal complaint can be
viewed online at: http://www.cflap.org/dl/filings/gogola/Gogola-Zingale.pdf
"In addition to the statute violating the Federal and the State
Constitution
Right to Privacy, the statute runs asunder of the US Thirteenth
amendment
prohibiting involuntary servitude, as well as violating the Florida
Supreme
Court ruling which makes the parties in a marriage economic
independents",
Gogola says.
He further says, "I have followed how the Florida State Courts have
had the
opportunity to offer Floridians an analysis of the clash between the
Right
to Privacy Amendment and the alimony statute and have repeatedly
refused
to do so. I feel it is time for the Federal Courts to address the
issue and
give Floridians an answer."
"My federal lawsuit, as well as the Abolish Alimony Amendment proposal
to
the Florida Constitution currently gathering momentum, are efforts to
ensure that all Floridians are treated equally in their marital
decisions by the
state." The proposal can be seen at:
http://www.alimonyreform.org
The alimony statute has no basis in common law and has long outlived
its
usefulness. Most importantly, it is simply not compatible with the
Federal
or State Constitutions."
Further details on the case can had by contacting Mr. Gogola at
(912) 281-8055 or be seen at:
http://www.cflap.org/legal-filings.htm
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