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It is further ADJUDGED, ORDERED, and DECREED that the
defendant [Mr. Newell] shall pay to the complainant
[petitioner] the sum of $583.00 per month as spousal support
on the first day of each month beginning February 1, 1984,
and no spousal support shall be allowed to the defendant.
It is further ADJUDGED, ORDERED, and DECREED that based
upon the equities and the rights and interests of each party
in the marital property and all factors and considerations
as set out in Section 20-107.3, Code of Virginia, and
pursuant to that Code section a monetary award is hereby
granted to the complainant to be paid by the defendant to
the complainant in consecutive monthly installments of
$1,017.00 each on the first day of each month beginning
February 1, 1984, until death of one of the parties.
And it appearing that defendant receives and/or is
entitled to receive monthly retired or retainer pay by
virtue of his United States Navy retirement aforesaid and
that complainant moves the Court to direct that the
aforesaid $1,017.00 monthly payments to her pursuant to
Section 20-107.3, Code of Virginia, be made direct from the
United States Navy Finance Center or other appropriate U.S.
Government activity, it is, therefore, ADJUDGED, ORDERED,
and DECREED that pursuant to Title 10, United States Code,
Section 1408, the United States Navy Finance Center (or
other appropriate U.S. Government activity) shall pay the
sum of $1,017.00 to the complainant direct from the monthly
retired or retainer pay to which defendant is entitled until
death of one of the parties.
The decree was modified on more than one occasion by courts in
Virginia and Wisconsin. These modifications affected only the
amount of spousal support being paid to petitioner; none altered
the $1,017 monthly payments being made with funds from the
military retirement pension.
Since the divorce, Mr. Newell has received periodic cost of
living increases in his military retirement payments, while the
payments petitioner receives in connection therewith have never
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