Paul L. THILEM, Appellant,
v.
Harriet L. THILEM, Appellee.
District Court of Appeal of Florida, Third District.
*1315 Ellen G. Lyons, and Bette Ellen Quiat, Miami, for appellant.
Maria Brea Lipinski and John H. Lipinski, Hollywood, for appellee.
Before HUBBART, JORGENSON and GERSTEN, JJ.
*1316 PER CURIAM.
Appellant, Paul Thilem, appeals a final judgment of dissolution of marriage. We reverse, finding the trial court erred in computing the alimony, child support, and attorney's fees awards.
First, the trial court must reevaluate the wife's permanent periodic alimony award. Most notably, the trial court's order lacks findings that the wife needs alimony support and that the husband has the present ability to pay. Kernan v. Kernan,
While a trial court may base an alimony award on past earnings, Stodtko v. Stodtko,
The alimony award is troublesome for another reason as well. This award required the husband to pay $1000 monthly in permanent periodic alimony, but is reviewable in five years. Permanent periodic alimony, however, may be terminated or otherwise modified only upon proof of substantial change in circumstances, such as the recipient spouse's remarriage. Kalmutz v. Kalmutz,
Second, the trial court must reevaluate the child support award. The child support guidelines require the trial court to impute income to a voluntarily underemployed parent's earnings. § 61.30(2)(b), Fla. Stat. (1993). Underemployment is voluntary in the absence of physical or mental incompetence or other uncontrollable circumstances. § 61.30(2)(b); Polley v. Polley,
Foremost, the trial court erred in failing to distinguish gross from net income, which is crucial to properly applying the guidelines. See § 61.30(2)(b), (6), (9), Fla. Stat. (1993); Moss v. Moss,
Further, the trial court failed to consider the support the husband provides to the child in his custody. See Marshall,
Finally, on remand, the trial court must reconsider the award of attorney's fees to the wife, justifying its award, if any, with specific findings. In light of the other errors in the trial court's order, this Court cannot accurately evaluate if the husband is in the best financial position to pay for the wife's attorney's fees. See Kovar v. Kovar,
Reversed and remanded with instructions.
