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MASCOLA v. LUSSKIN

No. 97-1937.

727 So.2d 328 (1999)

Kim Lasky MASCOLA, Appellant, v. David LUSSKIN, Appellee.

District Court of Appeal of Florida, Fourth District.

February 17, 1999.

Attorney(s) appearing for the Case

Diane Tutt, Plantation, and Chriss Walker of Department of Revenue, Office of Child Support Enforcement, Tallahassee, for appellant.

William L. Gardiner of Gardiner and Gardiner, P.A., Fort Lauderdale, for appellee.

FARMER, J.

In this child support case, the principal issue is whether the criminal conviction of the payor parent and resulting incarceration for a lengthy time is properly a basis to deny or reduce child support. We align ourselves with the third district, disagree with the second and fifth districts who have decided the issue to the contrary, and certify conflict.1

The father is a lawyer who was accused of soliciting the murder...

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