- 11 - income, the circuit court intended that Edward should bear the tax. We, however, cannot infer from the circuit court's opinion an intention to designate Edward as the party required to bear the tax consequences of the payments. The circuit court did not begin its analysis regarding monthly maintenance payments to Irene with the intention that Irene receive exactly 40 percent of Edward's net income. Rather, the court computed Irene's monthly living expenses, compared the total with Edward's net salary and dividend income, and concluded that the monthly payment to Irene of "roughly" 40 percent of Edward's net salary and dividend income was not unreasonable. The circuit court found that a payment of $29,000 per month, equal to "roughly 40 percent" of Edward's net income, would not be unreasonable. The circuit court's modifying order of December 15, 1989, reduced the monthly payment to $26,700, which constitutes approximately 37.4 percent of Edward's net income, an amount which the Court also necessarily did not find unreasonable. From this, it is clear that the 40-percent figure mentioned in the circuit court opinion was not a benchmark from which we can infer that the circuit court intended that Edward was to bear the tax cost of the payments. Because the circuit court did not expressly designate the court-ordered payments as payments which were not includable in Irene's income, the requirements of sections 71 and 215 are met.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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