Even if child support obligor qualified to invoke homestead exemption, exemption would not automatically shield his personal property from being sold to generate funds to purge contempt for failure to make child support payments. Department of Revenue ex rel. Greene v. Bush, 838 So.2d 653.
Other than the three constitutional exceptions and the occasional equitable lien, debtor's homestead exemption is inviolable under Florida law. In re Potter, 320 B.R. 753 (Bankr. M.D. Fla. 2005).
Under Florida law, each of the three exceptions to exempt nature of homestead property, for unpaid property taxes, mortgages for purchase or improvement of homestead, and mechanics' liens for work performed on homestead, is narrowly construed. In re Potter, 320 B.R. 753 (Bankr. M.D. Fla. 2005).
Burden was upon creditor challenging debtor's right to Florida homestead exemption to make strong showing that debtor was not entitled to the claimed exemption. In re Ballato, 318 B.R. 205 (Bankr. M.D. Fla. 2004).
Homesteads are protected from forced sale by creditors, and restrictions are placed on a homestead owner when he or she attempts to alienate or devise the homestead property. Warburton v. McKean, 877 So. 2d 50 (Fla. Dist. Ct. App. 4th Dist. 2004), reh'g denied, (June 9, 2004).
The protection must be enacted by the homeowner.
Contact Florida Homestead Services for info.