COURT OF APPEALS OF OHIO, EIGHTH DISTRICT 
                        COUNTY OF CUYAHOGA 
                             NO. 70242
DONALD F. FREDERICK, JR.,          :  ACCELERATED DOCKET
                                   :                    
                                   :    JOURNAL ENTRY
          Plaintiff-Appellant      :                  
                                   :        AND
v.                                 :             
                                   :      OPINION
SUZANNE FREDERICK,                 :               
KNA SUZANNE SCHROLL,               :     PER CURIAM
                                   :
                                   :                
          Defendant-Appellee       :
DATE OF ANNOUNCEMENT 
OF DECISION:                       AUGUST 22, 1996   
CHARACTER OF PROCEEDING:           Civil appeal from
                                   Common Pleas Court  --
                                   Domestic Relations Division     
                                   Case No. D-146401     
JUDGMENT:                          AFFIRMED.                 
DATE OF JOURNALIZATION:                                         
APPEARANCES:  
For plaintiff-appellant:           Donald F. Frederick, Jr., 
                                     Pro Se
                                   No. A217-304
                                   Grafton Correctional Institute
                                   2500 S. Avon-Belden Road      
                                   Grafton, Ohio  44044         
For defendant-appellee:            Lisa M. Mahnic     
                                   Assistant Prosecuting Attorney
                                   P.O. Box 93923              
                                   Cleveland, Ohio  44101-5923 
                                -2-
PER CURIAM:
     Plaintiff-appellant  Donald F. Frederick, Jr. appeals from the
trial court order which, despite  appellant's status, continued his
child  support  obligation   with  an  additional  charge   for  an
outstanding arrearage.
     Appellant argues the order  violates his right to due  process
of law;  he contends  that since  he is  currently an  incarcerated
prisoner, it is "impossible" for him to obey it.
     The record reflects  that appellant was originally  ordered to
pay  child  support in  1984,  under the  separation  agreement and
subsequent divorce  decree granted to  him by the trial  court.  In
1989, as  a result  of appellant's  continuing failure  to pay  the
support, the trial court issued another order which merely added an
amount  for   the  outstanding   arrearage.     The  second   order
specifically directed  appellant to "immediately  notify" the trial
court "of any reason for which  the support order should terminate,
including . . . incarceration."  Appellant did not do so,  however,
until the instant order was sought.
     The record thus reflects appellant was not denied his right to
due  process  of   law.    Under  the   circumstances,  appellant's
incarceration did  not excuse him  from his existing  child support
obligation, since criminal conduct which  leads to incarceration is
deemed a voluntary act.   Brockmeier v. Brockmeier (1993),  91 Ohio
App.3d 689, motion to certify the  record overruled (1994), 69 Ohio
St.3d 1408, sub nom. In re Brockmeier; Cole v. Cole (1990), 70 Ohio
App.3d 188; Crosby  v. Crosby  (Oct. 28, 1993),  Cuyahoga App.  No.
                                -3-
65357,  unreported.   See,  also, Boltz  v.  Boltz (1986),  31 Ohio
App.3d 214; Haynie v. Haynie (1984), 19 Ohio App.3d 288.
     Appellant relies upon Peters v. Peters (1990), 69  Ohio App.3d
275, motion to certify  the record overruled (1991), 57  Ohio St.3d
711, to support  his argument.   However, in  light of more  recent
authority to the contrary,  this court does not find  the reasoning
of that case  to be persuasive.   Brockmeier v. Brockmeier,  supra;
Crosby v. Crosby, supra.
     Accordingly, appellant's assignments of error are overruled.
     The order of the trial court is affirmed.
                                -4-
     It is  ordered that  appellee recover  of appellant her  costs
herein taxed.  
     The court finds there were reasonable grounds for this appeal.
     It  is ordered that a special mandate  issue out of this court
directing  the Common Pleas Court -- Domestic Relations Division to
carry this judgment into execution.  
     A certified copy  of this entry  shall constitute the  mandate
pursuant to Rule 27 of the Rules of Appellate Procedure.   
                              LEO M. SPELLACY, CHIEF JUSTICE       
                              JAMES M. PORTER, JUDGE      
                              JOSEPH J. NAHRA, JUDGE  
N.B.   This entry  is made pursuant  to the third  sentence of Rule
22(D), Ohio Rules of Appellate Procedure.   This is an announcement
of decision (see Rule 26).  Ten (10) days from the date hereof this
document  will be stamped to indicate journalization, at which time
.