Florida Record

Wednesday, February 26, 2020

Florida man raises questions over ruling for alimony payments, loans

By Charmaine Little | May 1, 2017

Divorce mallet

DAYTONA BEACH — The 5th District Court of Appeals recently ruled partially in favor of a man who raised concerns about alimony payments and loans in a divorce case. 

Matthew Wayne appealed the judgment of the Circuit Court of Brevard County for himself and his estranged wife, Susan Einspar. Wayne had several concerns about how the circuit court ruled. He raised questions about how specific debts and assets would be shared, such as loans for their son’s school and car. He also raised concerns about not receiving credit for the temporary alimony payments he made between August 2011 and April 2013. Wayne also questioned the trial court giving Einspar retroactive alimony, permanent alimony, how the court will reach the amount she is to receive and whether “lifestyle" will be a factor. 

Both parties agreed that Einspar and the son cosigned on the car while Wayne took responsibility for the student loans, according to court records. The appeals court said it’s not certain how many temporary alimony payments were made, as well as the amounts for the months in question. 

Other issues Wayne addressed in the appeals court included ordering Einspar to be the beneficiary in Wayne’s life insurance policy, how his net income will be calculated and “excessively delaying" the final judgment after the trial ended. 

Considering all of these potential issues, Einspar took legal action and filed two cross-appeals suggesting that the trial court was incorrect when it came to “awarding credits to Wayne for payments he made towards the parties’ property after the petition for dissolution of marriage was filed” and “including a particular promissory note in equitable distribution.”

The appeals court decided to reverse and remanded the circuit court’s decision for the loans and temporary alimony payments so the details can be determined.

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Fifth District Court of Appeal