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a. Permanent spousal maintenance is Ordered paid
by * * * [petitioner] to * * * [Ms. Warriner] in the
amount of $452.00 per month. This amount continues
regardless of the future marital status of * * * [Ms.
Warriner]. * * *[Ms. Warriner] is further entitled to
collect as part of this spousal maintenance award that
statutory interest of 8% per annum on unpaid
installments of this amount previously Ordered and not
paid by [petitioner].
b. Additional spousal maintenance is ordered in
the amount of $1,300 per month until a total amount of
$171,575.00, plus statutory interest (per annum) on any
unpaid balance accruing from 1 February 1996 is paid in
full. The amount Ordered in this subparagraph shall
not be effected [sic] by marriage or death of either
party. * * * [Petitioner] may pay this amount in other
monthly payments or in full with a lump sum payment to
include all interest accrued from 1 February, 1996 to
date of final payment. At such time principal of
$171,575.00 is paid in full, with accrued interest, the
Order for spousal maintenance payments for this
subparagraph will be satisfied and payments will cease.
c. Total spousal maintenance to be paid monthly
by this order is $1,752 per month pursuant to the terms
noted above.
Pursuant to the Amended Order and 42 U.S.C. section 659
(2000),3 the Defense Finance and Accounting Service, Cleveland
Center, Garnishment Operations, paid Ms. Warriner $1,752 per
month of petitioner’s military retirement pension between June
3 The United States is required to withhold moneys due from
the United States to any individual, including members of the
Armed Forces, to enforce the legal obligations of any individual
to provide alimony or child support. 42 U.S.C. sec. 659(a)
(2000). Pursuant to 42 U.S.C. sec. 659(i)(3)(B)(ii), alimony
does not include “any payment or transfer of property or its
value by an individual to the spouse or former spouse of the
individual in compliance with any community property settlement,
equitable distribution of property, or other division of property
between spouses or former spouses.”
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Last modified: May 25, 2011