McCALL v. MARTIN

No. 4D08-3912.

34 So.3d 121 (2010)

Lukieshia S. McCALL, Appellant, v. Andrew MARTIN, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 8, 2010.


Attorney(s) appearing for the Case

Moria Rozenson of Pickett, Marshall & Rozenson, P.A., West Palm Beach, for appellant.

No appearance by appellee.


FARMER, J.

As the marriage is being dissolved, he is about to leave for prison because of his conviction for battering her. The issue is child support, whether his criminal conviction and resulting incarceration is a valid reason to deny setting an amount of support attributable to him based on imputed income. We hold it is not and reverse the final judgment.

In petitioning for dissolution of marriage, the mother requested sole parental responsibility and...

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