- 3 - Baker received $41,020, $41,735, and $42,846, respectively, in military retirement pay. Mr. Baker filed a complaint for divorce from petitioner in the Circuit Court of Calhoun County, Alabama in 1994. The parties entered into settlement negotiations. On July 21, 1994, petitioner and Mr. Baker were granted a divorce. Under the Judgment of Divorce, paragraph 6 titled PROPERTY SETTLEMENT, reads as follows: Beginning June 1, 1994, the Plaintiff shall pay the Defendant Fifty (50%) Percent of his monthly gross Military Retirement pay from the U.S. Army each month as a property settlement until such time as she remarries or co-habitates with another person or until her death. In the event the Defendant remarries, then she shall receive Twenty-Five (25%) Percent of the Plaintiff's monthly gross military retirement pay. The said monthly gross retirement pay will be the top line of the Plaintiff's LES statement. Said payments shall be paid directly to the Defendant's checking account by the U.S. Government through the Plaintiff's allotment. Incorporated into the Judgment of Divorce is the Agreement. Included in paragraph 9 of the Agreement, under the heading of PROPERTY SETTLEMENT, is a provision substantially similar to paragraph 6 of the Judgment of Divorce. Mr. Baker made payments to petitioner of one-half of his monthly military retirement income. After approximately 3 months, the payments were automatically made to petitioner by the Department of Defense. Petitioner received payments of $13,560 in 1994, $22,944 in 1995, and $22,944 in 1996. Mr. BakerPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011