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In re Spenard

Supreme Court of New Hampshire

October 17, 2014

In the Matter of Susan Spenard and David Spenard

Submitted May 15, 2014.

Editorial Note:

Under New Hampshire procedural rule this decision is subject to motion for rehearing, as well as formal revision before publication in the New Hampshire Reports.

10th Circuit Court -- Derry Family Division.

Bossie & Wilson, PLLC, of Manchester ( Jon N. Strasburger, on the brief), for the petitioner.

David Spenard, self-represented party, by brief.

HICKS, J. DALIANIS, C.J., and CONBOY, LYNN and BASSETT, JJ., concurred.

OPINION

Page 193

Hicks, J.

The petitioner, Susan Spenard, appeals final orders of the Circuit Court ( Sadler, J.) in her divorce from the respondent, David Spenard. She argues 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. We affirm in part, vacate in part, and remand.

The trial court found the following facts. The parties were married in June 1998. One child was born during the marriage. Both of the parties worked during the marriage. The respondent has been involved in many businesses over the years but mainly doing real estate title work and closings. His work is cyclical with the real estate market and his business has declined recently. The respondent sold a real estate business in 2007, for which he received approximately $450,000. He invested

Page 194

some of the money and used some to start his title company. After the title business began to decline, the respondent used the remaining money from the sale of his real estate business to pay taxes and monthly bills. He found steady employment with the State of New Hampshire in October 2012, earning about $1,600 bi-weekly.

The petitioner worked as an entertainer throughout the parties' relationship. She worked long hours and four to five days per week until the couple's child was born. After that, she worked one to two days per week. The petitioner claims that she has ...


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