Third District Court of Appeal State of Florida Opinion filed January 6, 2021. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D20-265 Lower Tribunal No. 18-29633 ________________ Jesus Garcia, Appellant, vs. Juliette Espinosa f/k/a Juliette Espinosa-Garcia, Appellee. An Appeal from the Circuit Court for Miami-Dade County, Spencer J. Multack, Judge. Sandy T. Fox, P.A., and Sandy T. Fox and Alisha B. Savani, for appellant. Juliette Espinosa f/k/a Juliette Espinosa-Garcia, in proper person. Before LOGUE, SCALES and LINDSEY, JJ. LOGUE, J. Jesus Garcia, the former husband, appeals the trial court’s rulings on alimony and child support to be paid by Juliette Espinosa, the former wife. He also contends the trial court abused its discretion by failing to adopt the parenting plan submitted by the parties. We agree the trial court erred in its alimony and child support determinations, reverse those rulings, and remand for reconsideration. We also agree the trial court abused its discretion in failing to adopt the parenting plan and remand for reconsideration consistent with the best interest of the children. The partial final judgment of dissolution is affirmed in all other respects. FACTS The parties married in July 2001 and are the parents of two children: a teenaged son, who is one-year shy of attaining majority age, and an eleven-year-old daughter. The former wife filed a petition for dissolution of marriage in December 2018. The trial court entered a partial final judgment dissolving the marriage in January 2020. The former wife was 42 years old when the marriage was dissolved. She attended law school from 1999 to 2001 and has worked at the Department of Homeland Security, U.S. Citizenship and Immigration Services, for the past 15 years as a supervisor. In her present role as trial attorney at the Department, the former wife earns $113,299.00 in gross income. The former husband was 61 years old at the time of the dissolution. He worked in construction before being declared disabled by the Social Security Administration in 2016. The former husband became unemployed during the last two years of the 2 marriage. He collects $1,645 in social security disability payments and $800 in dependent benefits for the parties’ children, for a total of $2,445 in gross monthly income. The parties entered into a mediated settlement agreement which resolved the equal distribution of their assets and liabilities. They also executed a parenting plan establishing shared parental responsibility and equal timesharing. The parties agreed the daughter would reside with the former wife and the son with the former husband. Thus, the trial court was asked to determine the issues of alimony and child support and to adopt the parenting plan. At the bench trial, the former wife testified that the parties lived beyond their means. The marital home was made up of five bedrooms and four bathrooms with a swimming pool and lakefront view. The former husband testified that he contributed $1,600 monthly for the mortgage of the marital home. He also testified, as did the former wife, ...
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