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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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