Larick A. Hill and Fawni Little, A.K.A. Fawni Hill - Page 22

                                       - 22 -                                         

          clause.  Thus, the payments at issue meet all of the requirements           
          for alimony.  Sec. 71(b)(1).                                                
               Petitioners contend that James Little was required to                  
          continue the payments through January 31, 1992, even if                     
          petitioner or James Little died before that date.  We disagree.             
          The stipulation re modification of judgment of dissolution did              
          not modify the provision in the judgment of dissolution that                
          spousal support payments were to terminate when petitioner or               
          James Little died.                                                          
               Petitioners assert that James Little's testimony shows that            
          the stipulation re modification of judgment of dissolution had              
          that effect.  We disagree.  James Little said:                              
                    Q    * * *  As part of your understanding of                      
               the modification agreement, do you think that your                     
               obligation to pay the $4,000 a month would have                        
               terminated, had Mrs. Hill died prior to January 31st                   
               of 1992?  Do you still have the agreement?                             
                    A    Uh-huh.                                                      
                    Q    Do you need a copy?                                          
                    A    I would have assumed so.  We probably would                  
               have had to go back to court, but I would have assumed                 
               it would have stopped.                                                 
                    Q    But you're not saying that from anything                     
               you find in the modification agreement; you're just                    
               assuming?                                                              
                    A    Yes.                                                         
                    Q    What do you assume would have happened to                    
               those $4,000 a month payments had Christina died before                
               January 31st, 1992?                                                    
                    A    Nothing.                                                     



Page:  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