Kenneth E. Gilmore - Page 5

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               8.  [Petitioner’s] ability to pay on debt, satisfy financial           
               obligations, or otherwise act in a * * * [financially]                 
               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 * * * [continuos] indefinitely.  The * * *                 
               [additional] 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 * * * [Ms. Warriner], with               





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