05/26/04

Lawsuit challenges the high cost of leaving

Bill Cabana is making a federal case out of his alimony payments.

Cabana, of Venice, thinks he and other Florida men paying alimony are being fleeced by the state, with its lifetime alimony law, and their ex-wives, and has filed a federal lawsuit to stop it.

The 66-year-old, who lives on his $700 per month Social Security check, is $108,000 behind in his alimony; the arrearages are running a tab of 12 percent interest as well.

"If two Floridians are married, the state cannot force one party to work forever to maintain a certain standard of living for the benefit of the other," Cabana said. "But, let those two divorce and the state does just that."

Cabana filed the suit May 10 in federal court in West Palm Beach, where his divorce was filed, charging that Florida alimony statutes violate the federal 13th Amendment and state constitutional provisions against involuntary servitude.

"If it is happening to me," Cabana said, "it is happening to other Floridians."

Privacy issue

It is happening to at least one other Florida man.

Stewart Greenberg, of Delray Beach, Fla., has filed a federal law suit similar to Cabana's in the same court.

In his suit, Greenberg claims that the alimony statute is part of the divorce statute and therefore "intrudes on the privacy rights of Floridians (Florida Constitution)."

The U.S. Constitution has no privacy provision. However, the U.S. Supreme Court has found an implied right of privacy in provisions of the Bill of Rights.

"My federal lawsuit, as well as the Abolish Alimony Amendment proposal to the Florida Constitution, are currently gathering momentum," Greenberg said. "They are efforts to ensure that all Floridians are treated equally in their marital decisions by the state."

Cabana also said there are privacy issues in the alimony statutes.

No lawyers this time

Cabana is representing himself in court.

"I filed a petition for modification of alimony (in state court) last year, and it got dismissed," Cabana said. "It cost me $3,000 for two different attorneys. I don't have any more money to borrow."

Cabana said he does not remember exactly when he fell behind alimony because there are some records he does not have.

"There was a time years back when I wasn't making much money, and I guess the court applied most of what I paid for child support and not alimony," he said. "I got $46,000 behind in child support, but that's all paid up now."

Cabana has four adult children.

Mean streak

Cabana said the court ordered him to pay $25 per week alimony plus child support in 1972, when his divorce was final.

He said his wife, who never remarried, does not need the money.

"She's got a job and substantial assets," Cabana said. "She's just doing this out of vindictiveness and maliciousness."

He said he has not seen his wife except for court appearances since the divorce.

Cabana was a truck driver before he retired in 1998.

You can e-mail Tommy McIntyre at:tmcintyre@venicegondolier.com.

By Tommy McIntyre

Staff Writer