- 29 - support of Mahmoud in any case because the money was deposited into the household checking account. We disagree with both arguments. The two checks were payable to Mahmoud and have memo notations indicating that they are for “Perry’s Settlement”. Fuad testified that the checks represent the amount to which Mahmoud would be entitled for the settlement of Daya International’s legal dispute if Mahmoud had not owed Fuad money. Fuad further explained: “I loan Mahmoud, to his family, so he can eat. Because I loan him many other things.” When pressed for additional information, Fuad indicated the checks were a gift. The record as a whole suggests that Fuad provided the $17,500 to Mahmoud to enable Mahmoud to provide for his family but that Mahmoud was under no obligation to spend the money in any particular manner or to repay Fuad. Despite petitioners’ contentions in their brief, nothing in the record indicates the money was a gift to Gabriel or Morhaf from Fuad. The deposit of the $17,500 into the household checking account does not mean that the money should be attributed to Gabriel for determining his contributions to Mahmoud’s support simply because Gabriel was the owner of the account. The record does not suggest that Gabriel received the money from his fatherPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011