Legal Question in Family Law in Florida
My husband stopped paying my alimony. I want to put a lien on his house.
What is the name of the application form which I need to file to Court?
3 Answers from Attorneys
Motion for contempt. Contact my office for free consultation 727-446-7659
You would need to proceed by a Contempt/Enforcement action and you must have proof of the arrearage and non compliance. Further if the house is homestead, a stronger showing of fraud or reprehensible conduct and a long history of non compliance is needed.
If you are able to meet these standards the court can impose an equitable lien.
You will need the assistance of counsel to review the order for alimony and specifically discuss the non compliance.
Natalie Hall, Esq.
www.ndhlaw.com
I agree with Ms. Hall. You can not just place a lien on the property - you must have some type of judgment/order allowing that to take place. As you know, in the state of Florida, your homestead is exempt from creditors. I suggest you file the motion for contempt/enforcement, set the hearing and have him served to appear. You will need to outline in your Petition for Contempt/enforcement the exact nature of the case - ie when did he stop paying alimony, how much does he owe etc. I suggest you hire an attorney for this as there are no do overs once you are in court. I am in the Jacksonville area, if I can be of assistance, please contact my office for an appointment 904-997-1031