- 10 - payments would terminate by operation of Illinois law. Hoover v. Commissioner, supra at 847. Neither party has addressed the application of section 71(b)(1)(D). Further, neither party cites, nor are we aware of, any Illinois cases addressing the issue of whether, absent an agreement of the parties or a directive in the divorce decree, an obligation to pay unallocated maintenance and support terminates upon the death of the payee spouse. The Court concludes that the payments qualify as alimony under section 71(b)(1)(D). Section 510(c) of the Illinois Dissolution of Marriage Act provides “the obligation to pay future maintenance is terminated” upon the death, remarriage, or cohabitation of the recipient “Unless otherwise agreed by the parties in a written agreement set forth in the judgment or otherwise approved by the court.” 750 Ill. Comp. Stat. Ann. 5/10(c) (West 1999). Thus, under Illinois law, there is an automatic termination of the unallocated maintenance portion of the payments. See id. Contrary to petitioner’s argument that the payments are nontaxable child support, the temporary order provided for monthly or bimonthly payments in the total amount of $13,200 per month for “unallocated maintenance and support.” The temporary order does not “contain a clear, explicit and express direction” that the payments are not includable in petitioner’s gross incomePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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