- 7 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011