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Unallocated Child Support and Maintenance Payments
Shortly after petitioners separated, Ms. Miller filed a
"Petition for Dissolution of Marriage" seeking, inter alia, a
divorce, temporary and permanent maintenance, and child support
(the divorce case). On August 13, 1992, nunc pro tunc July 27,
1992, the Denver (Colorado) District Court (the State court)
signed Temporary Orders4 in the divorce case that incorporated
stipulations of the parties. The relevant portions of the
Temporary Orders provided:
1. The parties shall share the joint custody of their
children, Krista Holly Lovejoy and Dean Ross Lovejoy,
with * * * [Ms. Miller] designated as the primary
residential custodian for the children. * * *
* * * * * * *
3. As temporary support, * * * [Mr. Lovejoy] shall pay
* * * [Ms. Miller] unallocated child support and
maintenance in an amount equal to fifty-five percent
(55%) of his net income * * *. * * * Payments shall be
due on each bi-weekly pay day of * * * [Mr. Lovejoy]
commencing immediately after the hearing herein and
continuing until further Order of Court.
4. * * * [Mr. Lovejoy's] temporary support payments
herein shall include his contributions toward the son's
attendance at Denver Academy and toward the skating
activities of the daughter. * * *
The Temporary Orders did not state how petitioners were to treat
the payments for Federal income tax purposes. The Temporary
4"Temporary Orders" may provide for temporary payment of
debts, use of property, custody, maintenance, child support, or
attorney's fees during the pendency of divorce or separation
proceedings. Colo. Rev. Stat. sec. 14-10-108 (1998).
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