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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).
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