-28- decree, he did not read it or check it for clerical errors. Therefore, petitioner paid Ms. Zurn $1,000 per month, the amount they each believed to be the correct amount. Petitioner discovered that the divorce decree reflected $1, as opposed to the $1,000 per month, at the time he was being audited by respondent's agent. Thereafter, petitioner and Ms. Zurn stipulated the entry of an order correcting the original decree nunc pro tunc during September 1992. The stipulation and order, which was subscribed by a California Superior Court judge and filed during 1992, amended the original order to reflect monthly payments of $1,000 instead of $1. Petitioner paid Ms. Zurn $1,000 per month during 1985 through 1989. At the time of the divorce, petitioner and Ms. Zurn jointly owned several rental properties. The titles for those properties remained joint in order to provide Ms. Zurn with security concerning the $1,000 payments to be made over 15 years. In addition, during 1978, petitioner provided Ms. Zurn with a note for an amount in excess of $100,000 as security for the $1,000 payments. After the 15-year period, the properties were to vest in petitioner. As of the time of trial, Ms. Zurn continued to receive $1,000 monthly payments and remained a joint owner in the properties, even though the 15-year period had concluded. The $1,000 payments have been made from income of the jointly held properties, both during and after the 15-year payment period.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011