- 18 - terminate automatically at her death),13 subject to respondent’s relevance objection. c. Respondent’s Relevance Objection Evidence is relevant (and therefore generally admissible) if it has any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. Fed. R. Evid. 401 and 402. If, however, the relevance of the evidence in question depends on the existence of some other fact, then the admissibility of such “conditionally relevant” evidence itself depends on the introduction of evidence sufficient to support a finding of the existence of that other fact. See Fed. R. Evid. 104(b) and advisory committee’s note. The ultimate factual issue in this case is whether petitioner and Carmen intended the family support payments to terminate automatically at Carmen’s death. Petitioner’s exhibits 5 and 12 certainly tend to increase the factual likelihood that he and Carmen intended the payments to qualify as alimony for 13 We note that we would reach a different conclusion if the California Family Code required that any such understanding be in writing. See In re Marriage of Trearse, 241 Cal. Rptr. 257, 259 (Ct. App. 1987) (“A limitation on the admissibility of extrinsic evidence to prove the intent of the parties to a marital settlement agreement has been recognized where a statute requires the parties to the agreement to state certain matters specifically in writing.”); cf. Cal. Fam. Code sec. 4337 (West 2004), discussed infra (any agreement that a spousal support obligation will not terminate upon the death of the payee spouse must be in writing).Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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