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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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Last modified: May 25, 2011