Foster v. Chong , 254 So. 3d 641 ( 2018 )

Third District Court of Appeal
State of Florida
Opinion filed September 5, 2018.
Not final until disposition of timely filed motion for rehearing.
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No. 3D17-2807
Lower Tribunal No. 16-21953
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Patrick G. Foster,
Appellant,
vs.
Monique S. Chong,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Abby Cynamon,
Judge.
Cain & Snihur, LLP, and May L. Cain, for appellant.
Law Offices of Kenneth M. Kaplan, and Kenneth M. Kaplan, for appellee.
Before LOGUE, SCALES and LUCK, JJ.
SCALES, J.
Appellant Patrick G. Foster, the petitioner below, appeals a “Final Judgment
of Paternity, Time Sharing/Paternity Plan.” Specifically, Foster challenges the
Final Judgment on five grounds. Because (i) we are unable to conclude that the
trial court’s computation of Foster’s child support obligation is supported by
competent substantial evidence; and (ii) the Final Judgment neglects to order
shared parental responsibility, we reverse and remand for further proceedings on
these two issues, but otherwise affirm the Final Judgment.
Appellee Monique S. Chong, the respondent below, and Foster are the
parents of a daughter born in 2011. After Chong and Foster separated in late 2012,
Foster voluntarily paid $500 per month in child support, not pursuant to a court
order. Foster ceased these monthly payments when Chong left Florida with their
daughter and moved to Georgia without notifying Foster. In 2016, Foster filed the
instant petition seeking a determination of paternity, timesharing and child support.
After conducting a trial on the petition, the trial court entered a Final
Judgment that: (i) determined it was in the best interests of the child to reside with
Chong; (ii) outlined the parties’ timesharing of the child; and (iii) required Foster
to pay $1286 per month for child support. Foster appealed the Final Judgment.
The trial court made no written or oral findings to describe how it arrived at
Foster’s child support obligation, and therefore, the record is unclear as to whether
this amount comports with the allocation requirements of chapter 61 of the Florida
Statutes. As a result, we are unable to conclude that the child support award of
$1268 is supported by competent substantial evidence and are compelled to
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reverse. See Van Exter v. Diodonet-Molina, 152 So. 3d 699, 701 (Fla. 3d DCA
2014); see also Ondrejack v. Ondrejack, 839 So. 2d 867, 871-72 (Fla. 4th DCA
2003) (holding that trial court must consider all appropriate statutory factors in
determining child support and make specific findings therefor).
Additionally, the Final Judgment suggests, but does not establish with the
necessary precision, that Chong and Foster will share parental responsibility. The
trial court is required to order shared parental responsibility unless it finds that
shared parental responsibility would be detrimental to the child. § 61.13(2)(c)2.,
Fla. Stat. (2017); Aranda v. Padilla, 216 So. 3d 652, 653 (Fla. 4th DCA 2017).
Affirmed in part; reversed in part and remanded for further proceedings
consistent with this opinion.
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