Kenneth E. Gilmore - Page 6

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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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