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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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