PINO v. FELTON

PER CURIAM.

Based on the respondent's proper confession of error, we grant the petition for habeas corpus and quash the order of incarceration because the trial court failed to make the necessary finding that 1) petitioner had the present ability to pay the ordered child support payments and the purge amount at the time of the hearing; and 2) the failure to make such payments was willful. Bowen v. Bowen, 471 So.2d 1274 (Fla. 1985); Perez v. Perez, 599 So.2d 682 (Fla. 3d DCA 1992).

The petitioner shall be released forthwith.