[DOWNLOAD] "Austin v. Austin" by New Mexico Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Austin v. Austin
- Author : New Mexico Supreme Court
- Release Date : January 12, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
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 the case to the trial court to compute the amount, if any, that is received as retirement income and to allocate 45% of that amount to Mrs. Austin. The Court of Appeals partially reversed the district court order because it believed that the Uniformed Services Former Spouses Protection Act (Act), 10 U.S.C. Section 1408 (1982 & Supp. II 1984), preempted New Mexico case law. Under New Mexico case law, military disability retirement income is to be divided as community property upon the dissolution of a marriage. Stroshine v. Stroshine, 98 N.M. 742, 652 P.2d 1193 (1982). We reverse the Court of Appeals.