Linda J. Baxter - Page 6




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          last requirement, that is, whether Ray would be liable to make              
          the payments for any period after Linda's death.                            
               Ray and Linda could have expressly provided for the effect             
          of her death upon his liability to make the payments otherwise              
          provided for in paragraph 5 of the agreement, but for whatever              
          reason, they did not.  They now disagree as to what was intended            
          by that paragraph.                                                          
               According to Linda, as long as the children resided in the             
          marital home, Ray would be required to make the payments                    
          regardless of whether she was dead or alive.  Linda further                 
          argues that Ray's obligation to make the payments was part and              
          parcel of the property settlement between them and on that ground           
          should not be considered alimony.                                           
               Ray and respondent disagree with Linda on both points.  They           
          argue that if Linda died, Ray's obligation to make the payments             
          would terminate because, obviously, she would no longer be living           
          in the marital home.  They further contend that the payments were           
          not part of the property settlement but for the support of Linda.           
               The language of paragraph 5 of the agreement is susceptible            
          to different interpretations because of the use of the word "and"           
          both in the sentence that establishes Ray's obligation to make              
          the payments ("[Ray] will pay the remaining indebtedness on [the            
          marital home]* * * provided that * * * Linda and the * * *                  
          children continue to live therein"), as well as in the sentence             





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