Florida District Courts of Appeal, 2003

Gonnella v. Gonnella

Florida District Courts of Appeal · Decided August 29, 2003 · Covington, Davis, Northcutt

854 So. 2d 754; 2003 Fla. App. LEXIS 13021; 2003 WL 22023482 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Burgess v. State (Fla. Dist. Ct. App. 2003)

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Opinion of the Court

NORTHCUTT, Judge.

Joseph Gonnella challenges the order denying his petition to modify his child support obligation. He claimed an inability to pay based upon his incarceration in state prison.

We reverse with instructions to hold the petition in abeyance on the inactive calendar for the term of Gonnella’s incarceration until a time when a thorough evaluation of his ability to pay may be conducted and a farsighted plan for payment may be established. See Dep’t of Revenue v. Jackson, 846 So.2d 486 (Fla. 2003).

Reversed and remanded.

DAVIS and COVINGTON, JJ„ Concur.

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