- 11 - supra at 303, the U.S. Supreme Court held that in order for a divorce decree to “fix” an amount as child support under pre- DEFRA section 71, the decree must expressly specify or fix the amount of each payment which is for child support. The Court held that absent an express allocation, the entire payment is alimony and taxable to the wife. See Lester v. Commissioner, supra. Since there was no express allocation in the support decree or modified decree in the present case, the payments would be alimony even if intended to provide solely for Niklas’ care. Therefore, there are no inappropriate or prejudicial consequences to this Court by allowing Mr. Lane to advance his argument. We deny Ms. Marten’s motion for further reconsideration. An appropriate order will be issued.Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011