PER CURIAM.
Donald Clark ("Husband") appeals a final judgment dissolving his sixteen-year marriage with Chrystal Clark ("Wife"), arguing that the trial court erred by (1) adopting Wife's proposed final judgment verbatim; (2) awarding Wife relief that she did not seek in her petition for dissolution of marriage; (3) awarding Wife sole parental responsibility of the parties' minor children without giving Husband the opportunity to testify; (4) ordering an equitable distribution of marital assets unsupported by substantial, competent evidence; (5) failing to make specific findings to support the awards of alimony and child support; and (6) awarding Wife attorney's fees without regard to the reasonableness of the fees or his ability to pay. We affirm the dissolution, the time sharing arrangement, and the entitlement to child support. We reverse and remand the amount of child support and equitable distribution for further consideration.
In her petition for dissolution of marriage, Wife requested: (1) an order dissolving the marriage; (2) a parenting plan with a time sharing schedule; (3) the distribution of assets and liabilities; and (4) child support. Wife's petition neither sought nor alleged entitlement to alimony or a need for attorney's fees. In his answer, Husband generally admitted Wife's allegations, except regarding the marital home's address, his ability to provide life insurance, and his alleged alcoholism. He specifically admitted reasonable child support
After testimony, the court awarded attorney's fees and made the following findings:
Wife proffered a five-page, single-spaced final judgment containing matters not mentioned by the court. Specifically, the court did not determine the value of the home and the mortgage, the amount of time spent on the case by the attorney, or the attorney's hourly rate. The proposed judgment also ruled on matters not requested by Wife in her complaint, notably, alimony and attorney's fees. The court signed this judgment. However, there was no child support guideline worksheet in the file for the court to consider at the time he referred the matter to the Wife's attorney.
In Perlow v. Berg-Perlow, the Florida Supreme Court stated:
875 So.2d 383, 389-90 (Fla.2004) On appeal, Husband claims that the court permitted wife's proposed final judgment submitted to substitute for a thoughtful and independent analysis of the facts, issues and law by the trial judge. We agree.
In a dissolution action, an issue is properly before the court when it is raised in the pleadings or when it is raised and considered by the court without objection. Sugrim v. Sugrim, 649 So.2d 936, 938 (Fla. 5th DCA 1995). Wife contends that the issues of alimony and attorney's fees were listed in her pre-trial compliance putting Husband on notice. However, this document
When a pleading fails to make a specific demand, courts will accept the issue as being "tried by implied consent" where a pre-trial statement raises the issue and the other party fails to object at the hearing. See Hemraj v. Hemraj, 620 So.2d 1300, 1301 (Fla. 4th DCA 1993) (finding implied consent to alimony where one party objected to some, but not all, of the statements in opposing party's pretrial statement); DeLoach v. DeLoach, 552 So.2d 324, 325 (Fla. 1st DCA 1989) (holding when an issue regarding equitable distribution is raised and considered without objection, it is appropriate to regard the issue as if it had been pled).
Wife suggests that Husband's failure to attend the hearing is tantamount to consenting to amending the complaint in any way but offers no authority for this proposition. Unpled issues tried when a party does not appear are not tried by consent, but in absentia.
By blindly approving Wife's proposed final judgment, which covered matters not pled and include matters not orally resolved by the trial court, this final judgment acted as a "substitute for a thoughtful and independent analysis of the facts, issues, and law by the trial judge." Perlow, 875 So.2d at 389-90.
We affirm the dissolution, time sharing arrangement and the entitlement to child support. We reverse the alimony and attorney's fee awards. We reverse and remand for further consideration the amount of child support and equitable distribution.
AFFIRMED in part, REVERSED in part, and REMANDED.
TORPY, C.J., PALMER, J., and HARRIS, C.M., Senior Judge, concur.