Judgement Lien For Child Support In Florida

State:
Multi-State
Control #:
US-0025LTR
Format:
Word; 
Rich Text
Instant download

Description

The Judgment Lien for Child Support in Florida is a legal form that allows for the enforcement of child support obligations by establishing a lien on the non-custodial parent's real property. This form is particularly useful for attorneys, paralegals, and legal assistants who assist custodial parents in recovering unpaid child support. Key features include the ability to file the judgment in various counties, which extends the lien's reach across multiple jurisdictions. To fill out the form, users need to include relevant details such as the names of the parties involved, the date and location of the judgment, and any additional properties to be included. Editing the form may involve adjusting the county specifics or the parties' names, ensuring all information is accurate before submission. This form is crucial in collection scenarios, protecting the custodial parent's rights and providing a method to secure owed support. Legal professionals should guide their clients through the process to ensure compliance with local regulations and optimize collection efforts.

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FAQ

How Are Child Support Arrears Collected in Florida? Garnishment of wages. Placing liens against real estate. Seizing bank accounts. Taking tax refunds and applying them to child support arrearage. Seizing assets from the deceased parent's estate.

(1) A judgment, order, or decree becomes a lien on real property in any county when a certified copy of it is recorded in the official records or judgment lien record of the county, whichever is maintained at the time of recordation, provided that the judgment, order, or decree contains the address of the person who ...

File a certified copy of your judgment in the real estate records of the county in which the property is located. The lien is in effect for 10 years, and it can be renewed for an additional ten years.

Presently there is a Florida statute that limits judgment liens to 20 years,3 and there is a Florida statute that limits “actions” on certain judgments to 20 years and other judgments to five years. There is, however, no statute or court rule that places a time limit on the execution of judgments.

The lien is good for 10 years, but the creditor can renew the judgment before it expires for another 10 years, meaning the lien will survive for a maximum of 20 years. The good news is that because of Florida's homestead protections, a judgment lien cannot attach to homestead property.

A person can avoid paying a civil judgment with their earnings if they qualify as the head of household. The Florida statute defines earnings as wages, salary, commission, or bonus. Other types of earnings for labor have been held to also qualify for the head of household exemption.

Section 713.08 of the Florida Statutes, provides the proper form and specific requirements to complete the claim of lien document such as: name and address of lienor, statement of labor and materials provided, description of the property, name of property owner, lien amount, proof of service and the proper warning to ...

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Judgement Lien For Child Support In Florida