Legal Opinion
Austin v. Austin
New Mexico Supreme Court
Decided November 12, 1985No. 15823PublishedCited by 1 opinion
1Opinion of the Court
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 held that disability retirement pay could not be divided as community property upon dissolution of the marriage; therefore, they remanded…
2Cases cited5 opinions
- Hisquierdo v. HisquierdoSupreme Court of the United States · 1979
- In Re Marriage of MastropaoloCalifornia Court of Appeal · 1985
- Stroshine v. StroshineNew Mexico Supreme Court · 1982
- Employees Savings Plan of Mobil Oil Corp. v. GeerDistrict Court, S.D. New York · 1982
- In Re Marriage of CullenCalifornia Court of Appeal · 1983
3Cited by1 opinion
- Berry v. MeadowsNew Mexico Court of Appeals · 1986