- 39 - (applying section 71(b)(1)(D) to unallocated support ordered by New Jersey court; inasmuch as Mr. and Ms. Kean shared physical custody of the children, “there would be no logical reason for the New Jersey court to order that Mr. Kean continue to pay support or for the New Jersey court to order any payment as a substitute for the unallocated support” had Ms. Kean died). We reach the foregoing conclusion without regard to whether, as is apparently the case with California child support orders, see In re Marriage of McCann, 32 Cal. Rptr. 2d 639, 641 (Ct. App. 1994), the controlling order would technically remain in effect after Carmen’s death until petitioner obtained its (prospective) judicial termination. Cf. In re Marriage of Trainotti, 261 Cal. Rptr. 36, 38 (Ct. App. 1989) (payee under child support order sought to collect amounts that had accrued during the period between payor’s assumption of sole physical custody of the child and the judicial termination of the child support order 10 months later; trial court “erred by refusing to consider whether appellant [the payor] had satisfied his obligation by furnishing Christopher [the minor child], with the approval of his former wife, a home and support that was equal to or in excess of the court-ordered amount”);30 Jackson v. Jackson, 124 Cal. Rptr. 101 30 Although the court may have viewed such direct expenditures as the functional equivalent of payments under the child support order, neither party suggests that, for purposes of the substitute payment clause of sec. 71(b)(1)(D), hypothetical direct expenditures on behalf of children in one’s custody (i.e., (continued...)Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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