In Re Marriage of Fithian

—When the marriage of James (hereafter husband) and Camille (hereafter wife) Fithian was dissolved in 1972, it was determined that 71 percent of husband’s military retirement pay was community property. Husband was ordered to pay half, of this amount (35.5 percent) to wife each month as he received payments from the federal government. After experiencing considerable difficulty in enforcing this order, wife sought and obtained an order requiring husband to deposit in court 35.5 percent of his retirement payments each month. Husband appeals from this order. We affirm.

Husband served 22 years in the United States Marine Corps. Two years after his retirement from military service, husband initiated proceedings which resulted in the dissolution of his 16-year marriage to wife. There were seven children of the marriage, custody' of whom was awarded to husband. Wife was not awarded spousal support, but the court reserved jurisdiction on the matter. As previously mentioned, wife was found to have a community property interest to the extent of 35.5 percent of husband’s retirement pay, and husband was ordered to pay this sum to wife month by month.

Husband appealed from that…