Cheryl J. Miller - Page 15




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          entered, unless continued by the court for good cause to a date             
          certain, or when the petition for dissolution or legal separation           
          is voluntarily dismissed."8                                                 
               Neither the Temporary Orders nor the UDMA provides that the            
          unallocated family support payments must terminate on the death             
          of the payee spouse.  We hold, therefore, that the unallocated              
          payments could be terminated only by "further Order of Court" as            
          stated in the Temporary Orders or upon the entry of the final               
          divorce decree or voluntary dismissal of the petition for                   
          dissolution as provided in Colo. Rev. Stat. sec. 14-10-108(5)(c).           
               The termination requirement of section 71(b)(1)(D) is not              
          met with respect to the unallocated family support payments at              
          issue in this case.  Since the failure to satisfy the termination           
          requirement is fatal to Mr. Lovejoy's argument that the                     
          unallocated family support payments are alimony, we need not                
          address whether the section 71(b)(1)(B) requirement is met.  The            
          unallocated family support payments are not includable in Ms.               
          Miller's income under section 71 and are not deductible by Mr.              
          Lovejoy under section 215.                                                  




               8Temporary support orders further the purpose of the UDMA,             
          to mitigate the potential harm to spouses and their children                
          caused by the process of dissolving a marriage, by maintaining              
          the status quo pending final disposition of dissolution                     
          proceedings.  See In re Price, 727 P.2d 1073, 1076 (Colo. 1986).            




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