Chovan v. Chovan, 4D11–1005.

• Decision Date: 13 June 2012
• Docket Number: No. 4D11–1005.,4D11–1005.
• Citation: 90 So.3d 898
• Parties: Peter CHOVAN, Appellant, v. Iveta CHOVAN, Appellee.
• Court: Florida District Court of Appeals

90 So.3d 898

Peter CHOVAN, Appellant,

v.Iveta CHOVAN, Appellee.

No. 4D11–1005.

District Court of Appeal of Florida, Fourth District.

June 13, 2012.

Roberta G. Mandel of Roberta G. Mandel, P.A., Miami, for appellant.

No brief filed on behalf of appellee.

MAY, C.J.

The former husband appeals a final judgment of dissolution. He argues the final judgment fails to accurately reflect a settlement agreement reached between the parties and pronounced on the record. Specifically, he argues error in the trial court's failure to impute income to the former wife in determining alimony and child support, in the distribution of proceeds from the sale of the former marital residence, and the requirement of life insurance to cover alimony and child support. We affirm the alimony award in part and the life insurance, but reverse the child support award and the distribution of proceeds from the sale of the marital residence. We remand the case to the trial court to correct the final judgment to reflect the settlement agreement as it concerns child support and distribution of the proceeds from the sale of the marital residence.

The parties were married and had three children. The former wife filed a petition for dissolution of the marriage. During a break in the trial court proceedings, the parties reached an amicable settlement agreement. The former wife's counsel recited the stipulated settlement agreement on the record. The agreement contemplated that the marital home would be sold after the oldest child graduated from high school the following year.

The relevant portions of the agreement are as follows:

FORMER WIFE'S COUNSEL: With respect to the marital residence, it's going to be put on the market as soon as possible. [The former husband's counsel] and I will work out the language in the event the parties are unable to agree on the listing Realtor or the listing price.

....

We have agreed that, until the house is sold, the [former] husband will continue to pay all of the expenses that he has been paying, plus the $660 per pay period as he has been doing; but that once the house is sold, he will pay $1,000 in alimony and whatever the child support for two children will be. And we'll have to calculate that. Whatever that total is, he will pay.

THE COURT: He will pay all of that in—consistent with his pay periods, how he gets paid?

FORMER WIFE'S COUNSEL: Correct.

THE COURT: Whether it's bimonthly or however he gets paid?

FORMER WIFE'S COUNSEL: Correct. And by income deduction order.

We have agreed that [the] condominium is worth $52,500. And the wife is to receive one half of that off the top of the proceeds from the sale of the marital residence.

So Chris Link will be paid first, his $5,000 and change .... then [the former husband's counsel] receives—how much, [former husband's counsel]?

FORMER HUSBAND'S COUNSEL: $10,000.

FORMER WIFE'S COUNSEL: $10,000 off the top from the sale. My fees and costs are $50,346.21, from the top of the sale proceeds.

....

THE COURT: And to clarify, Mr. Link's fee amount is $5,240.99.

FORMER WIFE'S COUNSEL: Thank you.

....

We'll determine the child support based on two children.

(Emphasis added).

The trial court instructed the attorneys to mail a proposed final judgment reflecting the agreement. The former wife's attorney sent a letter to the trial court enclosing a proposed final judgment. The letter indicated that the attorneys had met and drafted the proposed final judgment, but that some minor revisions were needed. The former wife also moved for entry of a final judgment, explaining that the former husband had fired his attorney and hired new counsel, but there had been no substitution of counsel entered. The motion alternatively requested a two-day final hearing to “bifurcate the divorce thereby dissolving the marriage of the parties” if the trial court was not inclined to enter the proposed final judgment.

At a hearing approximately two weeks later, the former husband's new attorney argued that the proposed final judgment did not reflect the parties' stipulated settlement agreement. The trial court advised the attorneys that it intended to enter a final judgment in accordance with the settlement agreement, and emphasized that the hearing was not an opportunity for the parties to “renegotiate what they may have agreed to.”

The former husband's counsel disagreed with the proposed final judgment as it related to alimony and child support. The trial court asked the former husband's counsel to submit a proposed final judgment; counsel agreed to do so. The former husband's counsel did so three days later, attaching a letter objecting to the former wife's proposed final judgment as inconsistent with the parties' stipulated settlement agreement.

The trial court adopted the former wife's proposed final judgment without change. The former husband moved for rehearing, raising the same objections concerning alimony and child support, and adding that the judgment failed to accurately address the distribution of proceeds from the sale of the marital home. The trial court denied the motion, resulting in this appeal.

On appeal, the former husband continues to argue error in the inconsistency between the final judgment and the settlement agreement. He further argues that the trial court failed to make findings of fact to support its alimony and child support awards, erred in the distribution of the proceeds from the sale of the marital home, and erred in requiring that the former husband maintain life insurance. No answer brief has been filed.

“An award of alimony will usually not be reversed on appeal absent an abuse of discretion.” Ondrejack v. Ondrejack, 839 So.2d 867, 870 (Fla. 4th DCA 2003) (citing Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980)). We similarly review child support awards for an abuse of discretion. McKenna v. McKenna, 31 So.3d 890, 891 (Fla. 4th DCA 2010).

“Florida courts do not take lightly agreements made by husband and wife concerning spousal support.... [And it is the] well-established policy in Florida that settlement agreements are highly favored in the law.” Griffith v. Griffith, 860 So.2d 1069, 1073 (Fla. 1st DCA 2003) (citing Dorson v. Dorson, 393 So.2d 632, 633 (Fla. 4th DCA 1981)). “ ‘[T]he fact that one party to the agreement apparently made a bad bargain is not a sufficient ground, by itself, to vacate or modify a settlement agreement.’ ” Id. (alteration in original) (quoting Casto v. Casto, 508...