Johnson v. O'NEILL

OPINION

LANSING, Judge.

At issue in this appeal is whether incarceration on an unrelated offense can constitute an unjustified self-limitation of income for purposes of child support. Because there is no indication that the obligor’s incarceration was intended for the purpose of limiting income, we reverse and remand for determination of a support obligation based on actual earnings.

FACTS

Dean O’Neill was adjudicated the father of K.L.J. in an uncontested paternity action in 1986. The court ordered O’Neill to pay $355 per month in child support and $7,000 in past child support. 1 At the time of…