Ex Parte Smiley

OPINION

KLINGEMAN, Justice.

Relator, Ben Smiley, brought this original habeas corpus proceeding after being adjudged in contempt by the district court of Jim Wells County for failing to obey that part of a divorce decree ordering him to pay his former spouse a part of his military non-disability retirement pay. > Relator contends that he is being illegally confined and restrained of his liberty by virtue of a judgment of contempt and commitment order dated November 12, 1981, which is void. We agree and grant the writ.

Relator and his former spouse, Evelyn B. Smiley, were divorced on November…