- 15 - 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,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