- 4 - IT IS FURTHER ORDERED, that with respect to the Defendant’s pension, the Defendant shall pay to the Plaintiff, if, as, and when he receives each pension payment, that sum which is determined in accordance with the following formula: 50 percent X (12 years and seven months of marriage ÷ by total years of employment).[4] IT IS FURTHER ORDERED, that if the Defendant voluntarily takes his pension as a lump sum, either before or after retirement, then Defendant shall, upon receipt of * * * said lump sum, pay to the Plaintiff the sum of Twenty-two Thousand Five Hundred Dollars ($22,500), with simple interest at the rate of ten (10) percent from July 1, 1983, to the date of payment. [Reproduced literally.] During 2002, Mr. Bangs received monthly payments from the Baltimore County pension plan. Pursuant to the divorce decree provision in question, shortly after receiving each such monthly payment, Mr. Bangs made the following monthly payments totaling $8,803.875 (monthly payments at issue) on the dates indicated by electronic transfers from a joint checking account that he and Ms. Bangs maintained to a checking account of Ms. Platt: 4We shall refer to the fourth-ordered paragraph quoted above as the divorce decree provision in question. 5The parties stipulated that during 2002 Mr. Bangs paid to Ms. Platt $8,883 pursuant to the divorce decree provision in question. That stipulation is clearly contrary to the facts that we have found are established by the record, and we shall disre- gard it. See Cal-Maine Foods, Inc. v. Commissioner, 93 T.C. 181, 195 (1989). The record establishes, and we have found, that during 2002 Mr. Bangs paid to Ms. Platt $8,803.87 pursuant to the divorce decree provision in question.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008