- 8 - a property settlement because of the contingencies contained in Article IV of the separation agreement is without merit. There is no evidence in the record that the payments are anything other than rental payments. Furthermore, we note that the subsequent modification does not affect our decision. However, pursuant to Article III, paragraph d of the separation agreement Dr. Israel's obligation to pay petitioner's rent is reduced to one-third of the rental obligation in the event their son resided with Dr. Israel for more than half the year. Therefore, two-thirds of the rental payments are treated as child support as they are dependent on the contingency of their son residing with petitioner for at least half the year. Sec. 71(c). Accordingly, we find that of the $13,808 in rental payments made by Dr. Israel under the terms of the separation agreement, as incorporated into the Judgment of Divorce, only one-third, or $4,603, is includable in petitioner's income as alimony under section 71. To reflect the foregoing, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011