- 4 - be considered as alimony by the plaintiff and included by her in her taxable income. * * * [These payments] shall continue on the 10th day of each month thereafter until the death of the plaintiff regardless of her marital status * * * * * * * * * * (n) All payments required to be made by the defendant to the plaintiff are intended to be payments of alimony and said payments of alimony shall be deductible by the defendant and taxable to the plaintiff on their federal and state income tax returns. The plaintiff shall declare said payments received as alimony and income to her on her tax returns. (o) This agreement has been negotiated and executed on the assumption that the payments made by the defendant to the plaintiff or made on his behalf will be deductible by the defendant and taxable to the plaintiff. If, as a result of a final and binding judicial determination, or because of the subsequent change in the governing law or its authorizative [sic] interpretation, it is established that any or all of said payments will no longer be taxable to the plaintiff or deductible to the defendant, the provisions regarding alimony shall be subject to renegotiation. If the defendant and the plaintiff are unable to arrive at a mutually satisfactory readjustment of these provisions to take account of the changed tax impact, then the matter shall be submitted to a court for final and binding determination. Such renegotiatibility [sic] shall in no event effect [sic] the validity of the remaining provisions of this consent order and property settlement. In August 1996, petitioner and Mr. Mozley amended the agreement (the amended agreement), and the district court entered a Memorandum of Order, incorporating the amended agreement. In relevant part, this order stated: 10.(b) [The payment to petitioner of half of her former spouse’s military retirement pay should continue as agreed] except that the plaintiff shall receive the payment directly from the Navy in thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011