Summary
affirming order directing defendant to pay child support despite argument that payment should be suspended until release from prison because unable to earn an income; applying Mascola
Summary of this case from McCall v. MartinOpinion
Case No. 1D01-1455
Opinion filed February 8, 2002. Rehearing Denied March 14, 2002.
An appeal from the Circuit Court for Leon County. Kathleen F. Dekker, Judge.
Curtis Holt, pro se.
William H. Branch, Assistant Attorney General, Child Support Enforcement, Tallahassee, for Appellees.
Curtis Holt appeals an order directing him to pay child support, contending that he is incarcerated and unable to earn an income, and thus the award should have been suspended until his release from prison. We agree with the reasoning in Mascola v. Lusskin, 727 So.2d 328 (Fla. 4th DCA 1999), and affirm, because the child-support obligation should not be suspended when the parent's criminal act causes a loss of income. When Holt is released from prison, he may enter into a payment plan to address the arrearages. As did the Fourth District, we certify conflict with the Fifth District in Pickett v. Pickett, 709 So.2d 182 (Fla. 5th DCA 1998) (income cannot be imputed to a father who was incarcerated and thus had no ability to earn the amount imputed to him).
AFFIRMED.
ERVIN, BENTON and POLSTON, JJ., CONCUR.