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JUDKINS v. JUDKINS

No. 9312DC302.

441 S.E.2d 139 (1994)

113 N.C. App. 734

Selinda JUDKINS, Plaintiff-Appellee, v. James C. JUDKINS, Jr., Defendant-Appellant.

Court of Appeals of North Carolina.

March 1, 1994.

Attorney(s) appearing for the Case

Blackwell, Luedeke, Hicks & Burns, P.A. by John V. Blackwell, Jr. and Kenneth D. Burns, Fayetteville, for plaintiff-appellee.

Harris, Mitchell & Hancox by Ronnie M. Mitchell and G. Robert Hicks, III, Fayetteville, for defendant-appellant.

WELLS, Judge.

We must first consider defendant's argument that the trial court lacked jurisdiction to distribute defendant's disposable retired pay. Defendant contends that by the terms of the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. § 1408(c)(4) (1992), the trial court lacked subject matter jurisdiction to distribute his military pension. We disagree.

Section 1408(c)(4) provides:

A court may not treat the disposable retired...

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