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[Ms. Warriner], with separate tax withholding,
statements, and correspondence sent to her independent
of any third party or the Court.
* * * * * * *
20. Neither party is awarded maintenance.
Subsequent to the Colorado court’s entering the Final
Orders, Ms. Warriner’s counsel discovered that direct payments to
Ms. Warriner from petitioner’s military retirement pension, as
directed by paragraph 17b of the Final Orders, were not permitted
pursuant to the Uniformed Services Former Spouses’ Protection Act
(USFSPA), 10 U.S.C. sec. 1408 (2000).2
Ms. Warriner submitted a Motion to amend Final Orders to the
Colorado court, and an Amended Order (“Amended Order”), issued on
May 9, 1996, was incorporated into and amended the Decree of
Dissolution and Final Orders entered on February 1, 1996. The
Amended Order provided in pertinent part:
2. [Ms. Warriner] is entitled to a [sic] equitable
division of the marital estate yet there are no known
additional assets in possession of * * * [petitioner]
that are readily discoverable and the Court finds * * *
[petitioner] has failed to comply with any disclosure
requirements.
THEREFORE THIS COURT ORDERS:
3. That * * * [Ms. Warriner] is entitled to an award
of spousal maintenance as follows:
2 USFSPA does not allow for direct payments to Ms.
Warriner because she and petitioner were not married for 10 years
or more during which petitioner performed at least 10 years of
military service. See 10 U.S.C. sec. 1408(d)(2) (2000).
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