Posted by Nydia Streets of Streets Law in Florida Child Support
Can a lien be placed on lawsuit proceeds for payment of retroactive child support? This was an issue in the case Mathieu v. DOR, 3D25-0558 (Fla. 3d DCA March 4, 2026).
In this child support case, the father was simultaneously involved in a personal injury case in which he was to be awarded a sum of money. The trial court imposed a lien on that sum for payment of the father’s retroactive child support obligation as well as all future child support accrued. The parties agreed the father was not delinquent on his child support obligation. The father appealed.
The appellate court reversed on this issue holding “Because [the father’s] retroactive child support was not overdue to create a delinquency, the trial erred in imposing a lien on the pending personal injury claim for the total amount of the retroactive support award, plus all future child support accrued. See Mackoul v. Mackoul, 32 So. 3d 741, 742 (Fla. 1st DCA 2010) (‘To the extent necessary to protect payment of . . . child support, the trial court may require the payor spouse to secure the award in appropriate circumstances to satisfy arrearages or to ensure the financial wellbeing of the family. However, such a requirement may not be imposed absent special circumstances, such as . . . [an] obligor spouse in arrears on support obligations . . . . The trial court must set forth specific findings of special circumstances, the payor spouse's ability to afford the security, and whether the security exists only for arrearages, or alternatively, if the whole or a portion of the security is payable to the surviving family to minimize economic harm.’).”
This article is not legal advice. For advice specific to your case, schedule a meeting with a Miami family law attorney.