- 6 -
Id. The Georgia Supreme Court has also established the following
test to be used in determining whether particular payments are
lump sum alimony payable in installments, as opposed to periodic
alimony: “If the words of the documents creating the obligation
state the exact amount of each payment and the exact number of
payments to be made without other limitations, conditions or
statements of intent, the obligation is one for lump sum alimony
payable in installments.” Id. at 96.
The settlement agreement between petitioner and Von Bergen
requires petitioner to pay “the sum of $66,000” to Von Bergen in
monthly payments of at least $1,000. Although the exact number
of payments would have varied if petitioner had paid more than
the minimum $1,000 in any installment, petitioner was not legally
obligated to pay to Von Bergen any more than “the sum of
$66,000”; if petitioner did not have the option in the settlement
agreement of paying more than the required $1,000 each month, he
would have been required by the settlement agreement to pay Von
Bergen exactly 66 payments of $1,000 each. Petitioner’s
obligation to Von Bergen is for an exact sum payable in monthly
installments, which obligation is lump sum alimony under Georgia
law and does not terminate upon the death of either the payee or
the payor. Thus, we hold that the $12,000 paid to Von Bergen in
2004 pursuant to the settlement agreement between petitioner and
Von Bergen does not qualify to be deducted as alimony paid by
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 10, 2007