Alan Robert Zinsmeister - Page 7




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               3.  Betty was awarded the residence subject to a lien in               
          favor of petitioner in the amount of $42,000, with interest at              
          the rate of 6 percent per annum; and                                        
               4.  Betty was ordered to make payments on the first                    
          mortgage, and petitioner was ordered to make payments on the                
          second mortgage.                                                            
               The decree stated: "Notwithstanding the foregoing, the                 
          obligation for maintenance payments shall terminate upon the                
          death of the wife or upon her remarriage."  The decree further              
          provided: "It is specifically understood and agreed that all                
          future maintenance payments to the wife shall be deductible by              
          the husband and taxable to the wife."                                       
               The decree continued with a description of Betty’s custody             
          rights, of petitioner’s visitation rights, and of his support               
          obligations for the three children.  It specified that petitioner           
          was entitled to claim the children as exemptions for State and              
          Federal income tax purposes.                                                
               The family residence went to Betty subject to the lien of              
          $42,000 in favor of petitioner payable at the latest by July 1,             
          1996.  The State court ordered that Betty "immediately seek to              
          re-finance the first mortgage for an amount sufficient to satisfy           
          the first mortgage and husband’s lien by seeking a 30 year                  
          adjustable rate mortgage."  An immediate refinancing did not                
          occur, however, and the decree’s provisions relating to the                 






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Last modified: May 25, 2011