- 5 - 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).3 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: a. Permanent spousal maintenance is Ordered paid by * * * [petitioner] to * * * [Ms. Warriner] in the amount of 3USFSPA 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. Tit. 10 U.S.C. sec. 1408(d)(2) (2000).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011