- 9 - support payments made by petitioner, from evidence”. Respondent also moved to exclude from evidence: (1) The August 16, 1996, order of the Superior Court, in which the court attempted to clarify the character of the family support payments; and (2) the “Dissomaster” report. Petitioner introduced the above evidence to establish that 88 percent of the family support payments represented alimony. Respondent objects to the introduction of the evidence, relying upon the parol evidence rule and the Supreme Court's holding in Commissioner v. Lester, supra.5 In essence, respondent asserts that since the MTA clearly characterizes the full amount of the family support payments as child support pursuant to section 71(c)(2), the introduction of extrinsic evidence is inappropriate. We reserved a final ruling as to the admissibility of the evidence and tentatively received the evidence offered. Respondent renewed the objection at trial and again on brief. This Court has held, relying on the holding in Lester, that parol and other extrinsic evidence is inadmissible to explain the intent, motives, and conduct of parties where a clear and 5 Respondent also objects to the “Dissomaster” report on the basis of relevance, asserting that at no time during the relevant period did petitioner pay Ms. Wells $3,238 per month, the amount indicated in the report. While it is true that petitioner paid less than $3,238 per month, the objection is overruled, as it goes to the weight of the evidence rather than to its admissibility.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011