- 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