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findings of fact in the discussion that follows. Petitioner
bears the burden of proof. Rule 142(a).
II. The Claimed Payment of Alimony
A. Background
Petitioner and his ex-wife, Marilyn, were divorced in 1993.
A judgment of divorce (judgment of divorce) was entered by the
Supreme Court of the State of New York, County of New York (the
New York court). The New York court made separate findings of
fact and conclusions of law, which accompanied the judgment of
divorce. Among those findings were the following:
(1) petitioner and Marilyn had, in open court, entered into a
stipulation of settlement (the settlement stipulation) and
(2) “[n]either of the parties seeks equitable distribution of the
marital property, support and maintenance or relief other than as
set forth in * * * [the settlement stipulation]”. The New York
court incorporated the settlement stipulation in, and stated that
it would survive, the judgment of divorce. In pertinent part,
the settlement stipulation provides: It “shall satisfy all the
economic issues arising out of their [petitioner’s and Marilyn’s]
marriage.” Petitioner shall pay “maintenance” to Marilyn for a
period of 2 years in the amount of $400 a week. Petitioner shall
also pay $50,000 to Marilyn, but only upon her vacating a certain
apartment by a certain date. In the event Marilyn fails to
vacate the apartment by that date, the $50,000 she is to receive
shall not be paid to her until she does vacate the apartment, and
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