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F. Karen will receive a share of your pension upon
your retirement from the government.
G. Each of you will remain responsible for the
loan payments, maintenance, and insurance for your
respective automobiles.
H. You will pay Karen’s attorney fees in
connection with completing the Separation and Property
Settlement Agreement and obtaining a no-fault divorce.
There is nothing in the record showing that petitioner
responded in writing or orally agreeing to any of the items,
including spousal support, contained in the letter he received
from Ms. Deluca’s attorney. However, each month from January
through August 2002, and again in November and December,
petitioner sent Ms. Deluca a check for $1,300 bearing the
notation “Support”. Each check was endorsed by Ms. Deluca and
deposited in her personal bank account. Petitioner did not make
any payments to her for September and October because he learned
in September 2002 that Ms. Deluca had directed that their Federal
income tax refund for the tax year 2001 claimed on their joint
return be deposited into her personal bank account. The tax
refund amount was greater than $2,600.
Ms. Deluca’s attorney never prepared a separation and
property settlement agreement containing the terms described in
his letter to petitioner dated December 7, 2001.
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Last modified: March 27, 2008