Florida’s Homestead Realty: Is it Exempt from Imposition of an Equitable Lien for Nonpayment of Alimony and Child Support?

Just tell me the important stuff in easy words, and leave out the fancy stuff and names of the legal stuff. When a parent or ex-spouse falls behind on alimony or child support, there are ways to collect the money they owe. This can include taking their income, revoking their driver’s license, and even putting a lien on their property. However, in Florida, there is a law that protects a person’s ‘homestead,’ or primary residence, from being used to pay off debts. This means that even if a person owes alimony or child support, their home is usually safe from being taken to pay the debt. However, there are some exceptions, like if the person used fraud to hide their money and not pay what they owe. So, in most cases, a person’s home cannot be taken to pay off alimony or child support. Florida’s homestead exemption provides nearly absolute protection from forced sale by creditors, except in specific circumstances. These circumstances include payment of taxes and obligations contracted for purchase, improvement, or repair of the property. The exemption can be viewed as both a shield and a sword to defeat creditors’ claims. In a case where a debtor acquired homestead realty with the intention of hindering creditors, the Florida Supreme Court ruled that the homestead realty was still exempt from forced sale. The court emphasized that the plain language of the Florida Constitution supports the absolute protection of homestead exemption. Any changes to the constitution would require a referendum, and the courts are obligated to correct legally erroneous precedent, even if it means departing from established precedent. Any decisions permitting an equitable lien on homestead realty beyond the exceptions provided in the constitution are questionable and should only be authorized through a referendum. Homestead protection is a constitutional right that prevents creditors from taking away a person’s home to pay off debts. This protection is important because it helps families stay stable and secure. It also prevents a person from losing their home if they can’t pay their debts. Even if someone has done something wrong, like committing a crime, they still have the right to keep their home. And no court or government can change this rule because it’s in the Florida Constitution. In a court case called Chames v. Demayo, the Florida Supreme Court decided that a homeowner cannot waive their homestead exemption by signing a document like a promissory note or retainer agreement. This means that they cannot lose their protection from having to sell their home to pay off debts, unless it’s for things like unpaid taxes, a mortgage, or construction work. This decision was made to protect people from losing their homes in certain situations. In Florida, there is no legal action against a financial advisor or bank for helping someone transfer assets to avoid creditors. The law only holds them responsible if they are directly involved in the transfer, not just giving advice. It is their job to help clients protect their assets and defend against creditors. The court follows the law strictly and doesn’t create exceptions. There are many ways to collect delinquent child support and alimony, but creating a lien on someone’s home is not allowed under Florida law. The state Constitution protects people’s homes, and the courts and legislators can’t make exceptions to this rule. It’s up to the people to change the law, not the courts or lawmakers. So, if a person hasn’t been paying child support or alimony and has used their home to avoid it, they can’t be forced to pay by putting a lien on their home. These are references to laws and court cases related to child support and alimony in Florida and the United States. They discuss how judgments become liens on property, how retirement accounts can be used to pay child support, and what needs to be included in a contempt order for failure to pay support. There is also information about when interest on unpaid support payments begins to accrue and how payments should be applied. These are court cases in Florida about property rights and financial issues related to divorce. They deal with issues like liens on real estate and claims for child support and alimony. The Florida Supreme Court will only consider cases that have been properly brought before it, and will not address issues that haven’t gone through the right legal process. After a divorce, there have been court cases where one spouse tried to avoid paying alimony by using the homestead exemption. In some cases, the court allowed the other spouse to put a lien on the house to get the money owed. The Florida Constitution says that the homestead exemption is not absolute and can be subjected to liens in certain cases. In Florida, the homestead protection law says that a person’s home and some of their land cannot be taken from them to pay off debts. Within a city, the protected property can be no more than half an acre, and outside of a city, it can be no more than 160 acres. There are also other exemptions from forced sale, like disability income, life insurance, and retirement plans. Florida’s homestead protection law is like a shield and sword for debtors. It protects their home from being taken by creditors, even if the home was bought with money they owe. Famous people like O.J. Simpson have used this law to protect their assets from being taken by creditors. There have been court cases about this law, and it’s a hot topic in Florida. The Florida Supreme Court is currently deciding whether a referendum is required for TIF paid from ad valorem taxation. The outcome of this case could have an impact on property taxes. Stay updated on this case. These are citations for court cases in Florida. They include cases about various legal issues, such as homestead protection and taxes. The last citation is about a court case that involves the Florida Constitution and education funding. This is a legal article about a court case that could affect lawyers representing clients in divorce cases. The article discusses how a recent court decision may impact how lawyers can be paid for their work. It also mentions some other court cases related to the topic. The author is a lawyer who specializes in family law.

Source: https://www.floridabar.org/the-florida-bar-journal/floridas-homestead-realty-is-it-exempt-from-imposition-of-an-equitable-lien-for-nonpayment-of-alimony-and-child-support/