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child support, $9,500 spousal support. If both parties
are willing, it will stay as family support.
On October 11, 1990, Ms. Ambrose filed an Income and Expense
Declaration (declaration) with the Superior Court which was
signed under penalties of perjury. The space provided for
amounts received as spousal support was left blank. In an
exhibit attached to this declaration, Ms. Ambrose stated that the
monthly tax on $9,500 was $3,325.
On October 12, 1990, Ms. Ambrose filed a request with the
Superior Court for an order to modify the temporary order,
pending appeal. The request form contains boxes that are
provided to show applicability of "Child Support", "Spousal
Support", and "Other", all of which were checked. On the
following page, the boxes for "Spousal Support" and "Attorney
Fees" (pending appeal) were also checked. In an accompanying
affidavit Ms. Ambrose listed estimated taxes, based on her
accountant’s calculations, of $3,325 on "spousal support" of
$9,500 as one of the expenses.
On April 10, 1991, the Superior Court entered an order
denying Ms. Ambrose’s request. The Court’s order included the
following statement:
Because "family support" is allowed only by
stipulation, the Court does need to inquire if * * *
[Ms. Ambrose] wishes the $17,500 family support amount
broken down into child support and spousal support. If
she does, it is to be broken down $8,000.00 child
support, $9,500.00 spousal support.
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Last modified: May 25, 2011