Self Help

Important: Read this recent ruling from Chief Judge J.C. Farmer by the Florida 4th District Court of Appeals. It shows the court's attitude towards permanent alimony.

Are you considering filing a lawsuit for yourself? Click here.

Pleadings and Memorandums of Law

• Application for Determination of Civil Indigent Status Form
• Glossary of Terms
• Full Pleadings on All issues - pdf
• Memo of Law: Alimony is Unconstitutional - pdf
• Memo of Law: Income Based Child Support is Unconstitutional - pdf
• Notice of Appeal - pdf
• Response to Motion to Dismiss - pdf

Rules, Requirements and Forms

• Federal Rules of Civil Procedure
• Federal Rules of Appelate Procedure
  • Form of Briefs
• Federal lawsuit manual
• Case Filing Requirements
• Local Rules for Florida or the locate the ones for your state.
• Read about removal to Federal court
• Time for Response
• District Court of Appeals Docketing Statement
• District Court of Appeals Filing Calendar and Checklist:  pdf  |  Word doc.

Self Help Material

Alimony: 
For individuals who wish to remove their case from State to Federal court:

• Petition for Removal: Notice of Petition and Verified Petition For Warrant Of Removal - pdf  | doc
• Petition for Removal: Notice of Appearance - pdf | doc
• Petition for Removal: Memorandum In Support Of Petition For Removal - pdf | doc
• Petition for Removal: Memorandum Of Law Regarding Retention Of Jurisdiction - pdf | doc
• Petition for Removal: Notice Of Removal To United States District Court - pdf | doc
• All 5 of the above MS Word documents in Zip format.
• All 5 of the above Rich Text Format in Zip format
• All 5 of the above Word Perfect in Zip format
• Forma Pauperis Form - You need to contact Clerk's Office for current copy.
• Cover sheet JS44
  • Sample cover sheet
• Filing a civil action in Federal Court

Follow the instructions. When done modifying all information for you and your situation, print out 2 copies, one for the Clerk to file and one for the Judge, sign and date it.
You must mark the first pages of each original (the ones that you actually signed with blue or black pen) as, of course: "ORIGINAL" (preferably in red letters, about 1/4" high, at or near the top of each cover (1st) page) And, also, you must use a 2-3/4" center-to-center hole puncher to make the 2-hole punches through the tops of the originals (all pages together), but NOT any of the copies you made for yourself, and for the other side, or etc.

• Make one extra copy for yourself to have file stamped by the clerk - the federal court gets the originally-signed papers. 
• Make one copy for the the other parent or their attorney.
• Make one copy for each of any other defendants.
• Make one copy for the Attorney General or Governor of your state.
• Make another 2 copies - because the "circle of removal" is NOT complete UNTIL you attach a file stamped copy of the Petition for Removal that you filed in Federal court, unto and as an Exhibit for the Notice of Removal that you have to file with the Clerk of the State court. At the very instant you file this Notice with Petition (Exhibit) in the State court, the State proceedings are "automatically" stayed pursuant to federal law, and the State court may NOT do "anything" else, unless and until the federal judge might "remand" back to the state court. And, of course, you will want a full copy of this State filing to keep as well (with the attached exhibit addt'l copy of the federal petition - that's why you need TWO more copies).

AFTER you take your $150.00 and your finished pleadings down to file your Petition for Removal in the local federal court, then you take the two extra copies of THAT petition, attach them to the two Notice of Removal filings and file THOSE in your "friendly" state court. Presto - you have removed the case to federal court, and await fairness there.

Explanations and Information

• Discovery, Mandatory Disclosure, and Subpoenas - The Process of Exchanging Information In Family and Probate Court
• Federal Practice Manual - Outline for litigation followed by Legal Aid attorneys involved in poverty law.
• Florida Lawyer: Internet resources on Florida law.
• Florida Pro Se Litigation Report - Suggests that courts provide more help to those who can't afford an attorney.
• Homestead Protection Against Collection of Alimony
• Judicial Immunity - a comprehensive article on the history and evolution of judicial, quasi-judicial, etc. immunity for the state actors, such as judges, guardians ed litem, court-appointed experts, social workers, police, sheriffs, etc.
• Levels of Scrutiny Under the Equal Protection Clause
• Navigating the Former Spouse Protection Act.
• New Jersey A Party To Marriage Contract
• Standards of Review on Appeal - State
• Standards of Review - Federal Appellate
• State Immunity - Suing the State (and Other Government Entities) in the Twenty-First Century
• Removal and Remand..what are they? 
  If you are a defendant in a state lawsuit within the first 10 days of notice of the suit the defendant can remove the lawsuit to federal court.  Now the federal court runs the lawsuit, not the state court.
  
  The lawsuit must be such as to give the federal court subject matter jurisdiction to stay in federal court. That is a federal question or diversity, i.e. parties from different states.
  
  The Plaintiff in the lawsuit or the court--within 30 days (and this is very important)-can ask the federal court to remand the case back to state court stating the federal court does not have jurisdiction (power) to hear the case. The court on its own or on motion of the Plaintiff can then remand (send) the lawsuit back to state court from where it came.
• Removal - Everything you want to know about removal to Federal Court.
• Whitney v. Wal-Mart Stores, Inc., (Me. 2004) - case law discussing the relationship of jurisdiction of the state and federal courts during removal.

• State Ex Rel. Nixon v. Moore, 108 S.W.3d 813 (Mo.App.W.D. 2003)- addressed the issue of exactly when jurisdiction returns to the state court. 

• No Right to Alimony
• 42 U.S.C. 1983 Civil Rights Claims Primer
• 42 U. S. C. 1994: Abolishes peonage

Gender Bias in the Courts:

• Race and Gender Bias in the Courts

 

 

You will need to have Adobe Reader on your computer in order to open a file and read it.  Download the Adobe Reader for "pdf" files

How to save a PDF file to your hard drive:  With your cursor on the desired link, right click your mouse, choose "Save Target As" and put it where ever you want it on your drive.

 

  Note: We do not give legal advice nor attempt to solicit legal work. We share our thoughts and experiences. If you have any doubts contact an attorney.

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