CYNTHIA MCGARVEY, APPELLANT,
v.
ROBERT MCGARVEY, APPELLEE
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In this family law appeal, the former wife challenges the trial court's final judgment dissolving her marriage, specifically regarding timesharing, child support, and attorney's fees. The appellate court found that the trial court erroneously determined the parties had reached a mediated agreement on a parenting plan when they had not, and therefore remanded the timesharing determination for the trial court to make an independent assessment of the child's best interests.
The appellate court affirmed the denial of attorney's fees but reversed the timesharing arrangement and child support award because the trial court erroneously found the parties had reached an agreement at mediation and failed to make an independent assessment of what timesharing arrangement would be in the child's best interest. The case was remanded for the trial court to determine the appropriate timesharing in the child's best interest and potentially recalculate child support accordingly.
[1] A trial court errs when it adopts a timesharing plan based on a mistaken finding that the parties reached a mediated settlement.
[2] A trial court must make an independent assessment of the child's best interests when determining a timesharing arrangement.
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Join FLexlaw to unlock all legal intelligence“The trial court did not make an independent assessment of what timesharing arrangement would be in the child's best interest. Rather, the trial court erroneously found that the parties had reached an agreement, when, as they both now concede, no such agreement had been reached.”
Establishes the core error: the trial court relied on a non-existent agreement rather than independently determining the child's best interests
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Join FLexlaw to unlock all legal intelligenceFollowing a nearly seven-year marriage, the former husband filed for dissolution of marriage. Both parties sought primary timesharing of their minor c…
The full statement of facts, procedural history, and disposition for this case are member content.
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Cynthia McGarvey, the former wife, appeals the final judgment dissolving her marriage to Robert McGarvey, the former husband. She argues that the trial court erred in ruling on timesharing, child support, and attorney’s fees. We agree that the trial court erred in ruling on timeshar-ing and, as a result, the child support may need to be recalculated. We find no error in the trial court’s denial of the former wife’s request for attorney’s fees.
Following a near seven-year marriage, the former husband filed a petition for dissolution of marriage. The former wife answered and counter-petitioned. Both parties sought primary timesharing of their minor child, temporary and permanent child support, and attorney’s fees. Following extensive litigation, the trial court entered a final judgment of dissolution of marriage, adopting the “Parenting Plan which was formalized by stipulation of the parties as a Partial Mediation Agreement on May 9, 2012.... ” That plan ordered equal timesharing, holidays excepted, as the parties had previously reached an agreement on holiday time-sharing. The trial court also ordered the former husband to pay the former wife a nominal amount of child support based upon the court’s adoption of the fifty-fifty timesharing arrangement.
On appeal, the former wife argues that they never agreed to a parenting plan at mediation, and, instead, the trial court adopted the former husband’s proposed plan. The former husband concedes that the trial court erred in finding that the parties had reached a mediated settlement but argues that sufficient, competent evidence supports the court-ordered time-sharing arrangement. We disagree. The trial court did not make an independent assessment of what timesharing arrangement would be in the child’s best interest. Rather, the trial court erroneously found that the parties had reached an agreement, when, as they both now concede, no such agreement had been reached. .
*369We affirm the final judgment except as to the timesharing arrangement and calculation of child support. While we are loathe to allow this litigation, which has lasted longer than the marriage itself, to continue, the trial court must determine the timesharing that is in the child’s best interest. As a result, the trial court will likely need to recalculate the award of child support.
AFFIRMED in part; REVERSED in part; and REMANDED.
LAMBERT, J. and JACOBUS, B., Senior Judge, concur.