B-111733, NOV 4, 1952

B-111733: Nov 4, 1952

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THERE WAS ENCLOSED WITH THE AFORESAID LETTER OF MAY 13. YOUR DOUBT IN THE MATTER IS DUE TO THE FACT THAT BY THE DECREE THE DEFENDANT WAS ORDERED TO PAY TO THE PLAINTIFF. ASIDE FROM THE FACT THAT YOUR SUBMISSION WAS NOT ACCOMPANIED BY THE OFFICER'S VOUCHER OR CERTIFICATE. THE SUBMITTED PHOTOSTATIC COPY OF THE DECREE OF DIVORCE IS NOT PROPERLY CERTIFIED. IT MAY BE STATED THAT A JUDGMENT OR DECREE OF DIVORCE RENDERED IN THE STATE OF ILLINOIS IS EFFECTIVE THE MOMENT IT IS PRONOUNCED OR ENTERED BY THE COURT. THE OFFICER DID NOT HAVE A DEPENDENT (LAWFUL WIFE) ON ACCOUNT OF WHOM HE WOULD BE ENTITLED TO AN INCREASED BASIC ALLOWANCE FOR QUARTERS. NOTWITHSTANDING THE AMOUNT HE WAS ORDERED TO PAY AS ALIMONY.

B-111733, NOV 4, 1952

PRECIS-UNAVAILABLE

CAPTAIN C. R. MCMULLEN, USAF:

BY LETTER DATED SEPTEMBER 3, 1952, THE DIRECTOR OF FINANCE, DEPARTMENT OF THE AIR FORCE, REFERRED TO THIS OFFICE YOUR FOURTH INDORSEMENT OF JULY 28, 1952, ON LETTER OF MAY 13, 1952, WITH ENCLOSURE, FROM CAPTAIN M. I. MCFADDEN, USAF, DEPUTY DISBURSING OFFICER, IN EFFECT REQUESTING AN ADVANCE DECISION AS TO THE RIGHT OF CAPTAIN NILS KLUKSDAL, A0-804635, USAF, TO BE CREDITED WITH AN INCREASED BASIC ALLOWANCE FOR QUARTERS AS FOR AN OFFICER WITH A DEPENDENT (LAWFUL WIFE) SUBSEQUENT TO THE DATE OF HIS DIVORCE.

THERE WAS ENCLOSED WITH THE AFORESAID LETTER OF MAY 13, 1952, A PHOTOSTATIC COPY OF A DECREE OF DIVORCE ENTERED ON APRIL 22, 1952, IN THE CIRCUIT COURT OF CHAMPAIGN COUNTY, STATE OF ILLINOIS, IN THE CASE OF KATHRYN KLUKSDAL, PLAINTIFF V. NILS KLUKSDAL,DEFENDANT. YOUR DOUBT IN THE MATTER IS DUE TO THE FACT THAT BY THE DECREE THE DEFENDANT WAS ORDERED TO PAY TO THE PLAINTIFF, AS ALIMONY, THE SUM OF $2,000, AT THE RATE OF $175 PER MONTH.

ASIDE FROM THE FACT THAT YOUR SUBMISSION WAS NOT ACCOMPANIED BY THE OFFICER'S VOUCHER OR CERTIFICATE, DD FORM 137, THE SUBMITTED PHOTOSTATIC COPY OF THE DECREE OF DIVORCE IS NOT PROPERLY CERTIFIED. UNDER SUCH CIRCUMSTANCES, AN AUTHORITATIVE DECISION IN THE MATTER MAY NOT BE RENDERED ON THE BASIS OF YOUR PRESENT REQUEST. SEE 25 COMP. DEC. 653; 1 COMP. GEN. 376; 22 ID. 588. ALSO, SEE PARAGRAPHS 3B(1) AND 34, AIR FORCE REGULATIONS 173-127, DATED MARCH 13, 1951, AND PARAGRAPH 70203, AIR FORCE MANUAL 173- 10, DATED JULY 1, 1951.

HOWEVER, IT MAY BE STATED THAT A JUDGMENT OR DECREE OF DIVORCE RENDERED IN THE STATE OF ILLINOIS IS EFFECTIVE THE MOMENT IT IS PRONOUNCED OR ENTERED BY THE COURT. BLUM V. COMM. OF INT. REV., 177 F.2D 670. HENCE, IT WOULD APPEAR THAT THE STATUS OF NILS AND KATHRYN KLUKSDAL AS HUSBAND AND WIFE TERMINATED ON THE DATE OF THE DECREE, AND THAT, THEREAFTER, THE OFFICER DID NOT HAVE A DEPENDENT (LAWFUL WIFE) ON ACCOUNT OF WHOM HE WOULD BE ENTITLED TO AN INCREASED BASIC ALLOWANCE FOR QUARTERS, NOTWITHSTANDING THE AMOUNT HE WAS ORDERED TO PAY AS ALIMONY, OR THE RATE AT WHICH THE ALIMONY WAS TO BE PAID.

THE SUBMITTED PAPERS ARE RETAINED IN THIS OFFICE.