Evelyn R. Ambrose - Page 12

                                       - 12 -                                         

          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).           







Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next

Last modified: May 25, 2011