William J. Wells - Page 15

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          survives the death of the custodial parent), and we refuse to               
          accept his conclusion.                                                      
               Upon reviewing the relevant evidence before us, we hold that           
          petitioner’s payments, under both instruments, do not meet the              
          section 71(b)(1)(D) requirement.  Contrary to petitioner’s                  
          contention, California Family Code section 4337 (West 1994) does            
          not assist him in satisfying that provision.                                
               While the MTA is not a model of clarity, we are convinced              
          that the parties intended the payments to terminate, on a pro               
          rata basis, as each child “marries, dies, is emancipated, reaches           
          19 or reaches 18 and is not a full-time high school student                 
          residing with a parent”.  The reference to “the child” was merely           
          a scrivener’s error that was not caught by Mr. Young or his                 
          clients.  Thus, both petitioner and Ms. Wells had “otherwise                
          agreed in writing” to terminate the family support payments at              
          some point other than the death of the payee spouse.  In effect,            
          they had agreed that the payments were to continue until one or             
          more of the specified events occurred with respect to the                   
          children, even if Ms. Wells were to die beforehand.  Thus, the              
          payments would not terminate on her death.                                  
               Turning now to the Modified MTA, it does not make any                  
          difference whether we accept respondent’s interpretation of that            
          document (i.e., that paragraph 14C. required payment of $2,600              
          per month, terminating pro rata as each child marries, dies,                





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