- 5 - Petitioner does not dispute that to the extent of $7,332 in 1994 and $3,666 in 1995, the amounts she received from Raymond Lawton are alimony or separate maintenance payments. But the balance of the payments are not alimony or support payments, petitioner argues, because they are described in section 71(c)(1)--amounts fixed by the divorce instrument as payable for the support of the minor child of Raymond Lawton. Petitioner argues that the amount of the payment is fixed, not in the instrument itself, but by operation of the support guidelines contained in Pennsylvania court rules. The text of the orders of the court of common pleas issued in petitioner's divorce proceedings provides for the support of "spouse and one child". Respondent argues that this language fails to fix any of the amounts at issue as payable for the support of the minor child of Raymond Lawton and petitioner. To the extent that petitioner goes outside the language of the court order of support to prove amounts for child support, respondent argues that she is improperly relying on "evidence extrinsic to the divorce or separation instrument". We must decide, therefore, whether the support terms of the court order under which petitioner received her payments fixed a sum as payable for the support of the minor child of her former spouse. If they did not fix such an amount, we must sustainPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011