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specifically, section 71(c)(2) provides a lesser standard for
certain payments to be classified as child support and thus
excepted from the strict requirements of section 71(c)(1) and
classification as alimony under section 71(b)(1).
The parties concede that the requirements of section
71(b)(1)(A) and (C) are met. They disagree about whether section
71(b)(1)(B) and (D) has been satisfied, as well as the
applicability of section 71(c)(1).
The payments at issue here were made according to a
stipulation between the parties that was incorporated into the
temporary order. The amounts for spousal support and child
support were not specifically delineated, and, instead, Mr.
Ambrose was to pay Ms. Ambrose "the sum of $17,500 per month as
family support". In two subsequent attempts to modify the
temporary order, the Superior Court, in its opinion, stated that
the $17,500 family support was derived from the parties’
stipulation, and, if requested to break it down into separate
elements, the Court proposed $8,000 child support and $9,500
spousal support.
Ms. Ambrose argues that the Superior Court's actions in the
proceedings for divorce modified the temporary order or, in other
words, "fixed" the child support portion of the monthly family
support payments for purposes of sections 71(b)(1)(B) and (c)(1).
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