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petitioner primary residential custody of the children and
directing, among other things, that Dr. Gonzales pay $7,500 a
month to support his wife and four children (family support). In
relevant part, the temporary order read:
pending the resolution of this matter * * * [Dr. Gon-
zales] shall pay $7500 per month unallocated, commenc-
ing on November 1, 1992 as and for support of * * *
[petitioner] and the infant children of the marriage,
from which sum * * * [petitioner] shall pay all family
expenses including the mortgage, children's school
expenses and unreimbursed medical expenses and her
schooling * * *
The temporary order failed to indicate how the payments would be
treated for tax purposes, whether the payments would terminate at
petitioner's death, or what portion thereof represented child
support.
On September 21, 1995, the Gonzaleses signed a written
agreement that settled such issues as property division, alimony,
and child support (settlement agreement). Under its terms, the
couple's oldest child would live with Dr. Gonzales, while the
younger siblings would remain with their mother. Beginning
September 21, 1995, Dr. Gonzales agreed to pay child support of
$40,000 a year ($13,333.33 per child) for 9 years, or until
emancipation occurred as defined in the agreement.2
2The settlement agreement identified the Gonzaleses' second
oldest child as having special needs whose right to child support
was unaffected by the emancipation provision contained therein.
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