In the Matter of Susan Spenard and David Spenard
Annotate this CasePetitioner Susan Spenard appealed the final circuit court orders in her divorce from respondent David Spenard. She argued that the trial court erred by: (1) imputing income to her of $4,000 per month for purposes of child support and alimony; (2) denying her request to reopen the case based upon newly-discovered medical evidence; (3) not accounting for two promissory notes, one of which the respondent sold prior to the final hearing, in dividing the marital estate; and (4) misidentifying two investment accounts, and awarding the respondent an interest in one of the accounts. Upon review of the particular facts of this case, the Supreme Court affirmed in part, vacated in part, and remanded the case for further proceedings. The Court found "ample support" in the record that petitioner's income was $4,000 per month; the trial court did not err in denying petitioner's request to reopen the case (because petitioner was at fault for failing to obtain a medical diagnosis prior to trial); the trial court erred by denying petitioner's request for a property division modification based on the undisclosed promissory notes; and in light of the property distribution modification, the trial court did not address the misidentified investment accounts ("petitioner may raise these issues on remand").
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