Barbara Ann McMahon - Page 8




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          “reasonable monthly living expenses” and “temporary relief” in a            
          temporary relief order could not support a contract claim by the            
          payee spouse after the payor spouse’s death.  The court stated:             
               The order was a temporary relief order, a non-permanent                
               agreement.  It is clearly established that the obligation to           
               pay permanent alimony dies with the obligated party, so that           
               to overcome this general rule, “there must be an express               
               indication of an intention to the contrary” in an agreement            
               between the parties.  A temporary relief order carries less            
               of a suggestion of permanency than an award of permanent               
               alimony.  No reading of the temporary relief order implied             
               that David intended that support payments referenced in the            
               order were to continue after his death.                                
          Id. at 460 (citation omitted).  Similarly, in this case nothing             
          in the temporary order indicates an intention that the support              
          payments were to continue after petitioner’s death.                         
               Based upon our analysis of Florida law, we hold that Mr.               
          Reed’s obligation to make the payments under the temporary order            
          would have ceased upon petitioner’s death by operation of law.              
               Petitioner argues that these six $4,000 payments are                   
          properly characterized as child support payments.  Portions of              
          payments “which the terms of the divorce or separation instrument           
          fix (in terms of an amount of money or a part of the payment) as            
          a sum which is payable for the support of children of the payor             
          spouse”, sec. 71(c)(1), are not included in the definition of               
          alimony or separate maintenance payments.  See sec. 71(c)(1);               
          Ambrose v. Commissioner, T.C. Memo. 1996-128.  Nothing in the               
          order fixes any portion of the $4,000 payments as child support.            
          Petitioner asserts that the support she had sought from the court           





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