Kenneth E. Gilmore - Page 5

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               [sic] responsible manner is problematic and highly                     
               unlikely in view of past history.                                      
                         *    *     *     *     *    *    *                           
               17. [Petitioner] is a retired military officer with 23                 
               years total commissioned active duty.  His military                    
               retirement is an asset of the marital estate.  * * *                   
               [Ms. Warriner] has no retirement fund.  As a                           
               consequence of the waste of marital assets,                            
               specifically the loss of accumulated investment                        
               property and the marital home, and considering the                     
               unlikely cooperation of * * * [petitioner] to repay * *                
               * [Ms. Warriner] her losses, and the overall division                  
               of property in this case, this Court therefore makes an                
               equitable division of the military retirement as                       
               follows:                                                               
                    a.  Based upon the current amounts of annual and                  
               monthly military retirement pay, and for the next 15                   
               years, * * * [Ms. Warriner] shall receive a total                      
               63.31% of the current military retirement as her                       
               equitable division of the marital property.  At present                
               known monthly rates, this amount equals $2,065.17 per                  
               month.  This amount includes the 13.04% division of the                
               pension ordered in Temporary Orders; this amount                       
               continus [sic] indefinitely.  The addtional [sic]                      
               50.27% represents the dollar amount of property                        
               settlement owed [to] * * * [Ms. Warriner] by * * *                     
               [petitioner], amortized over 15 years at the statutory                 
               rate of 8% interest, an amount she is entitled by law.                 
                    b.  Payments should be made monthly directly to *                 
               * * [Ms. Warriner].  The Court orders a Wage Assignment                
               or Garnishment or any other instrument required by the                 
               Cleveland Military Pay Center to execute this Order.                   
                    c.  At the termination of 15 years of payment at                  
               the above noted rate, or 180 monthly payments, the                     
               percent of  military retirement awarded to * * * [Ms.                  
               Warriner] changes to 13.04%.                                           
                        *     *     *     *     *     *     *                         
                    f.  If possible and pursuant to the rules and laws                
               governing the Cleveland Military Pay Center, this                      
               division of military retirement is Ordered to be                       
               apportioned into a separate account on behalf of * * *                 





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