- 4 -4 * * * C. Air Force Retiree Pay. * * * 7. The wife is entitled to receive as her sole and separate property 50% of the ownership interest in Kenneth R. Porter's disposable retired pay, as defined by 10 U.S.C. section 1408(a)(4), as amended. 10. During the interim period subsequent to the effective date of this agreement, Kenneth R. Porter will pay to Jo Ann Porter directly her 50% share of his disposable retired pay as defined by 10 U.S.C. section 1408(a)(4), as amended, until the direct government payment is fully processed. Petitioner agrees to institute processing of such direct payment promptly. For the check for the month of September, or until a change is processed in the account into which the monies are paid, Petitioner will promptly pay to Respondent his one-half share of such monthly pay. Such pay is now paid directly into the account at Western Bank that Petitioner will be taking as her separate property toward the end of the month in which such pay is due. Kenneth also agreed to pay petitioner as lump sum alimony the sum of $7,661, due and payable by October 15, 1983, or within a reasonable time thereafter. There have been no modifications of the Final Decree or the Settlement Agreement. Petitioner discussed the tax consequences of receiving her community portion of Kenneth's disposable retired pay with her attorney and Kenneth. She understood that she was to receive her portion of such pay net of taxes paid. Petitioner did not institute the processing of the direct Government pay. She understood from Kenneth that he would file the necessary forms. Direct deposits of petitioner's share of Kenneth's disposable retired pay subsequently were reported on petitioner's monthly bank account statements. Petitioner never received a Form 1099- R, Distributions From Pensions, Annuities, etc., or other informational statement from the U.S. Air Force.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011