- 10 - the parties' submissions to determine whether, and to what extent, a modification was warranted. Farmilette v. Farmilette, supra, and the instant case present similar circumstances——albeit the former rests on a real, and not imaginary, event. In each case, a divorced husband (or soon–to–be ex–husband) is ordered to pay family support. And in each case, a terminating event occurred (child's emancipation or ex-wife's hypothetical death). In Farmilette, the court squarely faced the issue of whether (and, if so, by how much) to vary Mr. Farmilette's family support payment beyond the terminating event. Significant for our purposes was the court's willingness to take on that task; i.e., to review the evidence and recalcu- late, if necessary, the amount of family support owing following the changed situation. The State court's willingness to do so leads to our affirmative response to the question posed here: Is there good reason to believe that Dr. Gonzales' family support obligation would continue after petitioner's death? We think so. Had petitioner died before the superior court entered the divorce decree, Dr. Gonzales, as the noncustodial parent of three children, could have remained liable to pay family support, whether in full or in diminished amounts. This Court is also mindful of the temporary nature of the order involved here——pendente lite. As its name suggests, it is effective only during the pendency of a divorce proceeding. WhenPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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