I want statute, case law or court issues to back up my probate claim for child support arrears in FL.

This is actually a very strong case if you move quickly to lien the property then move to enforce it. A probate lawyer should know how to do this.

STATUTE OF LIMITATIONS ON ENFORCEMENT:

Open Account (credit cards): 4 years
Written Contract: 5 years
Domestic Judgment: 7 years (renewable)
Foreign Judgment: 5 years

The State of Florida exempts the property below from liquidation by the bankruptcy court to pay creditors:

Real Estate: Real property including mobile home used as residence, unlimited value, property cannot exceed 1/2 acre in municipality or 160 contiguous acres elsewhere; must file homestead exemption [Florida Constitution 10-4; 222.01, 222.02, 222.03 and 222.05] New bankruptcy law may limit real estate exemption
Personal property: Health aids, unlimited amount and an automobile up to $1,000 [222.25]
Insurance / Annuities: Annuity contract proceeds, unlimited amount [222.14]; death benefits payable to a specific beneficiary, not the deceased's estate, unlimited amount [222.13]; disability or illness benefits, unlimited amount [222.18]; fraternal society benefits, unlimited amount [632.619]; cash surrender value of life insurance, unlimited amount [222.14]
Pensions / Retirement Plans: County officers and employees, unlimited amount [122.15]; retirement benefits, unlimited amount [222.21(2)]; state officers or employees, unlimited amount [121.131]; teachers, unlimited amount [238.15]; police officers, unlimited amount [185.25]; firefighters, unlimited amt [175.241]; highway patrol officers, unlimited amount [321.22]; federal employee pension payments, amount needed for support / received 3 or more months before filing bankruptcy [222.21]
Public Benefits / Entitlements: Veterans' benefits, unlimited amt [222.201 and 744.626]; workers' compensation, unlimited amount [440.22]; crime victims' compensation (not for crime-related injury) [960.14]; public assistance, unlimited amt [222.201]; social security, unlimited amt [222.201]; unemployment compensation, unlimited amount [222.201 and 443.051(2)(3)]
Wages: 100% of head of family's paid and unpaid wages up to $500 per week for head of family (deposited into bank account for up to six months) [222.11]
Miscellaneous: Alimony and child support, amount needed for support [222.201]; business partnership property; unlimited amount [620.68]; damages to employees for injuries in hazardous occupations, unlimited amount [769.05]

Child support is a debt of the estate and has a higher priority over most other debts. So file your claim in probate court. Present a copy of the support order and an accounting showing the arrears.

It depends on whether the obligated person is dead or alive,whether child is minor or not,an amount due , etc.

I keep forgetting that in some areas Family courts are referred to as probate courts.

I was assuming the OP was referring to putting in a claim against the estate of a parent owing arrears.

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Originally Posted by ScottGem

I keep forgetting that in some areas Family courts are referred to as probate courts.

I was assuming the OP was referring to putting in a claim against the estate of a parent owing arrears.

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May be you are right.But I cannot see clear indication... The OP should give us more information.

Quote:

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Originally Posted by MIGUILL

I want statute, case law or court issues to back up my probate claim for child support arrears in FL.

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It may be a case where a deceased parent is in areas.
It may be a case where a parent is alive and his/her properties may be seizured .
BTW there are County Courts,Circuit Courts,District Courts of Appeals, and Supreme Court/that's the Fl court system/

There is Family Court as division of the Circuit Court which has jurisdiction to handle with modifications and enforcement of orders .
There is a specialized probate division of the Circuit Court,too.