- 7 - husband which indicate that it was merely a coincidence that the alimony payments terminated within 6 months of Julie’s 18th birthday. We agree with respondent that the presumption that the payments are child support is overcome by evidence that the termination of the payments to petitioner was determined independently of any contingency relating to petitioner and Mr. Shepherd’s children. The settlement agreement provides for alimony payments for a term of 10 years and makes no reference to Julie’s 18th birthday in its alimony provision. Likewise, the proposed offers in settlement from petitioner’s attorney, which preceded the final settlement agreement, make no reference to the parties’ two children in their proposed alimony provisions. The settlement offers suggest that the only disputed term of the alimony payments was their amount and not the period of time over which the payments would occur. Moreover, there is no evidence of any discussion between the parties of Julie’s 18th birthday in conjunction with the negotiation of alimony payments. Mr. Shepherd’s divorce counsel testified that he was “absolutely positive” there was never any discussion that alimony would terminate on the 18th birthday of either of the parties’ two children. He further testified that the 10-year term of alimony was requested when negotiations firstPage: Previous 1 2 3 4 5 6 7 8 9 Next
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