Daniel F. Layman, III - Page 15




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          December, petitioner sent Peggy Layman approximately $500 to $805           
          a month for her support and the support of their dependent                  
          children.  It is likely that petitioner sent larger amounts of              
          support during the first few months of 1991 because he and Peggy            
          Layman were newly separated and she needed time to establish                
          herself and obtain work, as she only earned $1,660 in wages                 
          during 1991.                                                                
               During 1992, petitioner sent approximately $1,000 per month            
          from January through August and then $700 per month from                    
          September through December.  During 1993, petitioner sent his               
          wife $750 to $1,050 per month from January through March.  It is            
          likely that petitioner became unemployed around this time as he             
          only earned $18,202 in 1993 and collected $4,810 in unemployment            
          compensation.  Furthermore, Peggy Layman earned $18,821 in 1993,            
          as compared to $4,724 in 1992, and $1,660 in 1991.  Consequently,           
          the fluctuations over the 3-year period may be accounted for and            
          do not diminish the fact that petitioner provided substantial               
          support for his wife and dependent children during this 3-year              
          period.  Moreover, since petitioner sent consistent, substantial            
          funds to his wife for her support and for their children's                  
          support, the fluctuation of these funds does not demonstrate that           
          petitioner acted as if solely entitled to his income.                       
               Respondent further alleges that there is no evidence to show           
          that petitioner was under a court order to pay any part of his              






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