- 26 - Prac. Guide: Fam. Law, sec. 18:40 (2004 ed.).22 It logically follows that Carmen’s interest in petitioner’s family support obligation, like the payee spouse’s interest in the premium obligation at issue in In re Marriage of Benjamins, supra, is in the nature of spousal support. Her interest in the award would therefore terminate at her death, leaving her successor without an enforceable interest. 4. Conclusion We conclude that petitioner’s family support obligation does not entail continuing payment liability as contemplated in section 71(b)(1)(D). C. Substitute Payment Liability With Respect to Petitioner’s Family Support Obligation 1. Overview Under this prong of section 71(b)(1)(D), we look beyond the issue of continuing enforceability in search of any payment obligation after Carmen’s death that would, in substance, represent a continuation (in whole or in part) of petitioner’s family support payments. See sec. 1.71-1T(b), Q&A-14, Temporary Income Tax Regs., 49 Fed. Reg. 34456 (Aug. 31, 1984) (determination of whether payments commencing, increasing, or accelerating upon the death of the payee spouse are a substitute 22 As discussed infra, the child support component of petitioner’s family support obligation is more relevant to our inquiry regarding substitute (as opposed to continuing) payment liability.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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