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AUSTIN v. AUSTIN

No. 15823.

709 P.2d 179 (1985)

103 N.M. 457

Mary K. AUSTIN, Petitioner, v. Donald O. AUSTIN, Respondent.

Supreme Court of New Mexico.

November 12, 1985.

Attorney(s) appearing for the Case

Burroughs & Rhodes, F. Randolph Burroughs, Alamogordo, for petitioner.

Jack T. Whorton, Alamogordo, for respondent.

OPINION

STOWERS, Justice.

Mary K. Austin (Mrs. Austin) petitioned this Court on a writ of certiorari to review the judgment of the Court of Appeals. The Court of Appeals partially reversed an order of the district court which stated that Donald O. Austin (Austin) was to pay his ex-wife, Mrs. Austin, 45 percent of his disposable military retirement pay, regardless of whether it was classified as retirement pay or disability retirement pay. The Court of Appeals...

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