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support order based on changed circumstances if he or she
believes the death of the custodial parent warrants a
modification or termination of the child support order. Id.
Accordingly, if any part of the payments was specifically for
child support, the definitional requirement of section
71(b)(1)(D) would be satisfied since, pursuant to California law,
there would be a liability to make payments after the death of
the payee spouse.
California law, however, also provides in the event there is
a single stated amount to cover both alimony and child support,
the courts cannot determine, after a terminating event,
retroactively or as of the date of the application for
modification, what proportion of the total award is allocable to
alimony and to child support. Danz v. Danz, 216 P.2d 162 (Cal.
Ct. App. 1950); Hale v. Hale, 45 P.2d 246 (Cal. Ct. App. 1935).
In Danz, the court held:
"There can be no question that defendant remained
obligated to support his daughter, but nobody obtained
a modification of the judgment * * *. * * * To
determine what portions of the entire amount during the
later years after the remarriage of plaintiff should be
allowed for the support of * * * [the child] * * *
would be to indulge in speculation and guess * * *"
[Danz v. Danz, supra at 164 (quoting Hale v. Hale,
supra at 247).]
Accordingly, under California law, the payments meet the
section 71(b)(1)(D) requirement and do not fall within the ambit
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