- 19 - remain responsible for child support after the termination of spousal support, this Court should utilize the allocations proposed by the Superior Court. Ms. Ambrose’s argument also raises the tangential question of whether section 71(c)(2) applies if the amount of child support would be contingent due to the terms of the temporary order(s). In 1984, Congress specifically provided for a statutory exception to the general rule of section 71(c)(1) and the Supreme Court’s decision in Commissioner v. Lester, supra. See sec. 71(c)(2) and generally Staff of Joint Comm. on Taxation, General Explanation of the Revenue Provisions of the Deficit Reduction Act of 1984, at 713 (J. Comm. Print 1985). Section 71(c)(2) provides generally that the terms of a divorce or separation agreement for the support of children will be treated as “an amount fixed as payable for the support of children of the payor spouse” when any amount of the support payable in the instrument will be reduced, generally, on the happening of a contingency related to the child, such as the child's attaining a certain age, marrying, dying, or leaving school. In order to address either the section 71(b)(1)(D) or 71(c)(2) possibilities we must look to the effect of State lawPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011