- 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.
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