Earl R. and Mary A. Palmer - Page 4




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          two children, and Mr. Simon was designated possessory                       
          conservator.3  Mr. Simon was required, in the divorce decree, to            
          pay to petitioner $50 per month for each child until each child             
          attained 18 years of age.  There was no provision in the decree             
          requiring Mr. Simon to pay alimony to petitioner.  With regard to           
          Mr. Simon's military retirement benefits, the divorce decree                
          provided:                                                                   

                    Petitioner, MARY ANN SIMON, is awarded the following              
               property as her separate property and estate:                          
                    *       *       *       *       *       *       *                 
                         6. A � interest in and to the right, title and               
                         interest of Respondent's U.S. Air Force Retirement           
                         Pension after deduction of the Survivor's Benefit            
                         Payment and U.S. Income tax based on two                     
                         deductions, said amount currently being $564.73,             
                         and a � interest in and to any future increases in           
                         said Retirement Pension.                                     
                    *       *       *       *       *       *       *                 
                    Respondent, ROBERT V. SIMON, is awarded the following             
               property:                                                              
                    *       *       *       *       *       *       *                 
                         5.  A � interest in and to the right, title and              
                         interest of his U.S. Air Force Retirement Pension            
                         after deduction of the Survivor's Benefit Payment            
                         and U.S. Income Tax based on two deductions and a            
                         � interest in and to any future increases in said            
                         Retirement Pension.                                          

               3    From the general references to these conservatory                 
          designations in the divorce decree, the Court surmises that, for            
          all practical purposes, petitioner had legal custody of the two             
          children in the traditional sense.                                          





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