Cheryl J. Miller - Page 14




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          to conclude that the unallocated payments must terminate on the             
          death of the payee spouse as required by section 71(b)(1)(D).               
               Under the UDMA, child support and spousal maintenance must             
          be separately stated in a final divorce decree.  See In re Huff,            
          834 P.2d 244, 248 (Colo. 1992) (error to incorporate an award of            
          attorney's fees into a maintenance award, because under the UDMA,           
          the district court is required to make separate orders regarding            
          each element of a dissolution order).  Consequently, it appears             
          that unallocated family support payments may be used only in a              
          written separation agreement or in temporary orders.                        
               Since the Temporary Orders did not require Mr. Lovejoy to              
          make separate maintenance and child support payments under the              
          provisions of the UDMA dealing expressly with those types of                
          payments, we conclude that the State court intended for the                 
          unallocated payments to be governed by the express terms of the             
          Temporary Orders and the provisions of the UDMA dealing with                
          temporary orders.                                                           
               In this case, petitioners agreed to the unallocated family             
          support payments in a stipulation which was incorporated into               
          Temporary Orders.  The Temporary Orders state that the                      
          unallocated payments must continue "until further Order of                  
          Court."  Moreover, Colo. Rev. Stat. sec. 14-10-108(5)(c), dealing           
          with temporary orders and injunctions, provides, in pertinent               
          part, that a temporary order "Terminates when the final decree is           





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