OPINION
Plaintiff Dr. Robert N. Mucklcroy brought suit in the District Court of Chaves County seeking a divorce from defendant Valera Charlene Muckier oy. Plaintiff was granted a divorce from defendant. The court found, inter alia, that community debts of the parties exceeded the value of the community estate and ordered plaintiff to pay all community dеbts. Certain personal property was ordered to be set over to defendant and custody of a minor child of the marriage was awarded defendant. Plaintiff was ordered to pay defendant $100 a month as child support, and an additional $100 per month for six months as alimony.
Defendant appeals the decision of the trial court on two grounds. First, she contends that the medical license held by plaintiff is community property and that she should have been awarded as alimony 15% of the adjusted gross income derived from plaintiff’s medical practice. Second, defendant argues that the award of alimony and child support was inadequate, because the findings supporting the award were not based upon substantial evidence.
Whether a medical license is community property within the meaning of the cоmmunity property laws of New Mexico is a question of first impression in this j urisdiction.
Defendant argues that a person’s livelihood is a valuable property right recognizеd by the courts of this State. Defendant contends that the medical license through whiсh plaintiff earns his livelihood is community property, because his education whiсh qualified him for the license was the product of the joint labor and industry of both defеndant and plaintiff after their marriage. Therefore, defendant contends that thе license is community property within the meaning of § 57-4-1, N.M.S.A., 1953 Comp.
It is true that the right to engage in a licensed profession is a protected property right. Roberts v. State Board of Embalmers and Funeral Directors,
Our New Mexico statutes pertaining to property rights between husband and wife define what constitutes separate property of each, and then states:
“All other real and personal property acquired аfter marriage by either husband or wife, or both, is community property; * *
Section 57-4-1, supra; §§ 57-3-4, 57-3-5, N.M.S.A., 1953 Comp. We believe that in order for a medical license to becomе community property, it must possess the attribute of joint ownership. A medical licеnse is only a permit issued by the controlling authority of the State, authorizing the individual licensee to engage in the practice of medicine. The medical licеnse may be used and enjoyed by the licensee as a means of earning a livelihood, but it is not community property because it cannot be the subject of joint ownership. We hold, therefore, that for purposes of the community proрerty laws of the State of New Mexico, a medical license is not community рroperty.
Defendant’s next contention is that there was no substantial evidencе to support the award of alimony and child support.
The awarding of alimony or child support rests within the sound discretion of the court. Section 22-7-6, N.M.S. A., 1953 Comp. Substantial evidence means such relevant evidence as a reasonable mind might find adеquate to support a conclusion. Cave v. Cave,
Having found both of defendant’s contentions to be without merit, the decision of the trial court is affirmed.
It is so ordered.