Garry F. Bettencourt and Phyllis C. Bettencourt - Page 8




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          and control of the two minor children born of the marriage,                 
          Brandon and Lisa Ann, were awarded to both parents.  Physical               
          custody of the children was to be shared by the parents but the             
          primary residence of the children was to be with their mother.              
               The judgment further provided that petitioner was to pay to            
          Kim T. Bettencourt as and for unallocated family support the sum            
          of $5,000 per month, commencing with the payment due and owing              
          May 1, 1987, and continuing thereafter until the death of either            
          party, Kim T. Bettencourt's remarriage, further order of the                
          court, or June 1, 1994.  The judgment further provided:                     
               Said family support shall be modifiable (and subject to                
               allocation between spousal support and child support)                  
               upon motion of either party.  Said jurisdiction to                     
               modify shall include the jurisdiction to extend the                    
               period of family support payments (or spousal support                  
               payments) beyond June 1, 1994, conditioned upon                        
               Petitioner carrying the burden of demonstrating why she                
               has not become self-supporting and why she is in need                  
               of extended support from respondent.                                   
               On August 30, 1991, there was filed with the Court a Wage              
          and Earnings Assignment Order addressed to petitioner's employer,           
          Allied Capitol Mortgage Corporation, ordering petitioner's                  
          employer to pay to Kim T. Bettencourt from petitioner's earnings,           
          $4,600 per month current spousal or family support.                         
               On May 5, 1995, petitioners submitted to respondent's tax              
          auditor a schedule of payments made to Kim T. Bettencourt during            
          1993.  That schedule is titled:  "Child Support Paid by Garry               
          Bettencourt."                                                               
               On their 1993 return, petitioners claimed an alimony                   
          deduction of $55,200.  On their 1994 return, they claimed an                


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