BELINDA F. ROSENBLATT, APPELLANT,
v.
ARTHUR ROSENBLATT, APPELLEE
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[*133] BASKIN, Judge.
We reverse the order denying the former wife’s motion to impose an equitable lien.
The trial court erred in failing to permit the former wife to establish her entitlement to an equitable lien by preventing her from presenting evidence of the former husband’s conduct in failing to pay court-ordered support. Radin v. Rodin, 593 So. 2d 1231 (Fla. 3d DCA), review denied, 605 So. 2d 1265 (Fla.1992); see Palm Beach Sav. & Loan Ass’n v. Fishbein, 619 So. 2d 267, 270 (Fla. 1993) (“[WJhere equity demands it this Court has not hesitated to permit equitable liens to be imposed on homesteads beyond the literal language of article X, section 4.”).
In addition, the trial court erred in ruling that the establishment of the New York support decree as a money judgment changed the nature of the -judgment or reduced the obligation to an ordinary judgment. Gibson v. Bennett, 561 So. 2d 565, 569 (Fla.1990) (“Establishing a support decree as a money judgment does not destroy the decree as an order to pay support nor is the obligation reduced to an ordinary judgment debt enforceable only at law.”). “The purpose of the award remains the payment of support to the former spouse or the children regardless of its form or the location of the parties.” Gibson, 561 So. 2d at 569.
Accordingly, the cause is remanded for proceedings consistent with this opinion.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Havoco OF Am., Ltd. v. Hill, 790 So. 2d 1018 (Fla. 2001)…le liens beyond the exceptions provided under article X, section 4 where a husband has used the homestead exemption to avoid his alimony and child support obligations. See Brose v. Brose, 750 So. 2d 717 (Fla. 2nd DCA 2000); Rosenblatt v. Rosenblatt, 635 So. 2d 132 (Fla. 3d DCA 1994); Radin v. Radin, 593 So. 2d 1231 (Fla. 3d DCA 1992); Gepfrich v. Gepfrich, 582 [*1029] So. 2d 743 (Fla. 4th DCA 1991); cf. Smith v. Smith, 761 So. 2d 370 (Fla. 5th DCA 2000); Isaacson v. Isaacson, 504 So. 2d 1309 (Fla. 1st DCA 198…
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Bank Leumi Tr. Co. of N.Y. v. Lang, 898 F. Supp. 883 (S.D. Fla. 1995)…ich fall into a different but equally inapplicable category — those in which a husband has sought to invoke the homestead exemption in order to thwart his wife’s ability to collect alimony or child support. See, e.g., Rosenblatt v. Rosenblatt, 635 So.2d 132 (Fla. 3d DCA 1994); Gepfrich v. Gepfrich, 582 So.2d 743 (Fla. 4th DCA 1991); Radin v. Radin, 593 So.2d 1231 (Fla. 3d DCA 1992); cf. Isaacson v. Isaacson, 504 So.2d 1309 (Fla.App. 1 Dist.1987). In these case, Florida courts have imp…
Authorities Cited
- Palm Beach Sav. & Loan Ass'n v. Fishbein, 619 So. 2d 267 (Fla. 1993)
- Gibson v. Bennett, 561 So. 2d 565 (Fla. 1990)
- Porter v. State, 593 So. 2d 1231 (Fla. 3d DCA 1992)
- Radin v. Radin, 593 So. 2d 1231 (Fla. 3d DCA 1992)