- 9 - Ignoring irrelevant contingencies, reading paragraph 5 of the agreement as a whole makes it apparent that Linda and Ray intended for him to make the payments only while she lived there. Because the agreement provided that the payments would terminate upon the occurrence of contingencies other than Linda's death (e.g., remarriage or relocation), a reasonable interpretation of the provisions would lead to the conclusion that the payments were for her support. Obviously, at the time that the agreement was entered into, Ray and Linda anticipated that the children would reside with her at the marital home, but Ray's liability was not dependent upon it. Even after the children moved from the house, Ray was required by local court order to continue the payments. We think it unreasonable to construe the agreement in such a manner as to require that the payments continue in a situation in which Linda would move from the marital home, but the children would remain. Such a construction would be necessary to support Linda's position in this case. As we would expect the highest court of Arkansas would do, we find that the most reasonable construction of the relevant portion of paragraph 5 of the agreement leads to the conclusion that the Linda and Ray did not intend for him to make the payments after her death. That being so, Ray's liability to make the payments pursuant to the relevant portion of paragraph 5 of the agreement would not continue for any period after Linda'sPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011