Mathieu v. Department of Revenue
A pro se father appealed the ratification of a general magistrate's order establishing child support and imposing a lien on his pending personal injury claim. The Third DCA affirmed the magistrate's factual findings because no hearing transcript was provided, but reversed the lien, holding that retroactive child support that is not yet overdue is not a delinquency or arrearage and cannot support a security lien absent findings of special circumstances.
Key facts
- Pro se father appealed a general magistrate's order establishing child support and imposing a lien on his pending personal injury claim.
- The magistrate awarded retroactive child support and secured the obligation by placing a lien on the father's pending personal injury settlement or judgment.
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Why it matters
The opinion confirms that Florida courts cannot encumber an obligor's assets — here a pending personal injury claim — to secure retroactive child support absent a delinquency finding and the specific… — full analysis with a trial
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