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FRANKLIN v. FRANKLIN

No. 14333.

859 P.2d 479 (1993)

116 N.M. 11

Wana FRANKLIN, now Wana Milam, Petitioner-Appellant, v. Harold Clifford FRANKLIN, Respondent-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied August 12, 1993.

Attorney(s) appearing for the Case

Jerry A. Lewis, Hobbs, for petitioner-appellant.

James E. Templeman, Templeman and Crutchfield, Lovington, for respondent-appellee.

OPINION

PICKARD, Judge.

This case involves the formula for dividing periodic payments of a retirement plan that was being distributed pursuant to a "pay as it comes in" basis as provided in an earlier divorce decree. The parties were married in 1950 and divorced in 1983. The division of the parties' community property in the 1983 divorce decree awarded Wife "[a]n undivided 1/2 of [Husband's] interest in the Employee Retirement Income Plan of El Paso...

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