Cheryl J. Miller - Page 12




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          "terminated by emancipation of the child but not by the death of            
          a parent obligated to support the child" unless otherwise agreed            
          in writing or expressly provided in the decree.  Colo. Rev. Stat.           
          sec. 14-10-122(3); see also Abrams v. Connolly, 781 P.2d 651,               
          656-657 (Colo. 1989) (the obligation to pay child support                   
          continues beyond the death of the custodial parent, at least when           
          the noncustodial parent does not assume custody of the children             
          following the death of the custodial parent).                               
               We have found no specific statutory authority authorizing              
          unallocated family support payments other than scattered                    
          references in the UDMA to "maintenance when combined with child             
          support".  See, e.g., Colo. Rev. Stat. secs. 14-14-105                      
          (Continuing Garnishment), 14-10-122(1)(c) (Modification and                 
          Termination of Provisions for Maintenance, Support, and Property            
          Disposition--Automatic Lien).  Similarly, we have found no                  
          statute which addresses whether an obligation to pay unallocated            
          family support terminates upon the death of the payee spouse.               
               Mr. Lovejoy argues that, because the Temporary Orders (and             
          that part of the Permanent Orders dealing with the unallocated              
          payments) did not "fix" any amounts as child support, his duty to           
          make the unallocated family support payments would end upon Ms.             
          Miller's death.  Ms. Miller argues that, because at least some              
          portion of each unallocated family support payment is child                 
          support, under Abrams v. Connolly, supra, some portion of each              





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