Legal Question in Family Law in Florida

In Florida family law court, child support is given high priority. Whether the mother was in contempt for a Facebook incident is not very relevant. For child support liability, a court may order the sale of any property owned by the defendant-parent, including the sale of your son's share of a house. Only his share is involved, not the share of the two siblings. Of course, the two siblings can avoid sale by purchasing the interest from their brother which would be payment for the child support obligation. Regardless, the child support obligation receives high priority under Florida law.

Mr. Martin is right on point. You will need to get a market analysis of the house along with the mortgage liability to see if there is any equity in the house in order to buy out your son's share. It could be that this property is under water as the economy is really not good on houses these days. If you can show that there is no money to be gained from the sale of the house and that there will be money due, the judge may dismiss that portion of the pleading so that you may keep the house.

If the house is free of a lien, but is an inheritance, perhaps that too could illiminate him having to force a sale of the house. However, with Child support being a high priority under Florida law, this may not work for you.