Marilyn J. Baker - Page 3




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          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. Baker                   






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