B-118141, JANUARY 26, 1954, 33 COMP. GEN. 308

B-118141: Jan 26, 1954

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QUARTERS ALLOWANCE - DEPENDENT WIFE - INTERLOCUTORY DIVORCE DECREE - PROOF OF SUPPORT REQUIREMENTS WHILE PROOF OF DEPENDENCY IS NOT GENERALLY REQUIRED FOR BASIC QUARTERS ALLOWANCE PURPOSES IN THE CASE OF A LAWFUL WIFE. A MEMBER OF UNIFORMED SERVICES WHOSE WIFE WAS GRANTED AN INTERLOCUTORY JUDGMENT OF DIVORCE WHICH DID NOT REQUIRE PAYMENT OF SUPPORT. IS NOT ENTITLED TO BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF DEPENDENT WIFE AFTER DATE OF INTERLOCUTORY JUDGMENT IN THE ABSENCE OF PROOF OF SUPPORT. THE OFFICER'S STATEMENT THAT A PROPERTY AGREEMENT WAS IN LIEU OF SUPPORT UNTIL THE DIVORCE BECAME FINAL MAY NOT BE ACCEPTED AS SUCH PROOF. IS ENTITLED TO BE CREDITED WITH BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT WIFE ( THELMA R.

B-118141, JANUARY 26, 1954, 33 COMP. GEN. 308

QUARTERS ALLOWANCE - DEPENDENT WIFE - INTERLOCUTORY DIVORCE DECREE - PROOF OF SUPPORT REQUIREMENTS WHILE PROOF OF DEPENDENCY IS NOT GENERALLY REQUIRED FOR BASIC QUARTERS ALLOWANCE PURPOSES IN THE CASE OF A LAWFUL WIFE, A MEMBER OF UNIFORMED SERVICES WHOSE WIFE WAS GRANTED AN INTERLOCUTORY JUDGMENT OF DIVORCE WHICH DID NOT REQUIRE PAYMENT OF SUPPORT, MAINTENANCE OR ALIMONY, IS NOT ENTITLED TO BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF DEPENDENT WIFE AFTER DATE OF INTERLOCUTORY JUDGMENT IN THE ABSENCE OF PROOF OF SUPPORT, AND THE OFFICER'S STATEMENT THAT A PROPERTY AGREEMENT WAS IN LIEU OF SUPPORT UNTIL THE DIVORCE BECAME FINAL MAY NOT BE ACCEPTED AS SUCH PROOF, THE AGREEMENT BEING SILENT IN THAT RESPECT.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO W. F. STOVER, DEPARTMENT OF THE NAVY, JANUARY 26, 1954:

THERE HAS BEEN RECEIVED LETTER DATED DECEMBER 23, 1953 (REFERENCE, JAG:II:2:WEN:MK), FROM THE JUDGE ADVOCATE GENERAL OF THE NAVY FORWARDING YOUR LETTER DATED NOVEMBER 18, 1953, REQUESTING DECISION AS TO WHETHER WILLIAM G. HICKS, CHIEF MACHINIST, UNITED STATES NAVY, IS ENTITLED TO BE CREDITED WITH BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT WIFE ( THELMA R. HICKS) SUBSEQUENT TO AUGUST 5, 1953.

IT APPEARS THAT ON AUGUST 6, 1953, THELMA R. HICKS WAS GRANTED AN INTERLOCUTORY JUDGMENT OF DIVORCE FROM THE OFFICER BY THE SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES, WITH FINAL JUDGMENT TO BE ENTERED AT THE EXPIRATION OF ONE YEAR FROM THAT DATE. THE INTERLOCUTORY JUDGMENT DID NOT REQUIRE THE PAYMENT TO THE WIFE OF ANY SUPPORT, MAINTENANCE OR ALIMONY. IT FURTHER APPEARS THAT PRIOR THERETO, AS SHOWN BY A CERTIFIED TRUE COPY OF SEPARATION AGREEMENT AND PROPERTY SETTLEMENT BETWEEN THE PARTIES, SUBMITTED WITH THE LETTER OF NOVEMBER 18, 1953, THE WIFE WAIVED ANY AND ALL RIGHTS TO SUCH SUPPORT, MAINTENANCE OR ALIMONY.

WHILE THIS OFFICE RECOGNIZES THAT PROOF OF DEPENDENCY IS NOT GENERALLY REQUIRED FOR BASIC QUARTERS ALLOWANCE PURPOSES IN THE CASE OF A LAWFUL WIFE, THAT GENERAL RULE IS NOT FREE FROM EXCEPTIONS, ONE OF SUCH EXCEPTIONS BEING WHERE, AS HERE, THE SERVICE MEMBER IS SEPARATED FROM HIS WIFE AND DOES NOT SUPPORT HER. ROBEY V. UNITED STATES, 71 C.1CLS. 561. FURTHERMORE, WHILE THE OFFICER ALLEGES THAT THE PROPERTY AGREEMENT WAS IN LIEU OF SUPPORT UNTIL THE DIVORCE BECOMES FINAL, SUCH AGREEMENT IS SILENT IN THAT RESPECT, AND THE OFFICER'S STATEMENT MAY NOT BE ACCEPTED AS PROOF. SEE DECISION OF JANUARY 22, 1947, 26 COMP. GEN. 514 (B-61671).

ACCORDINGLY, MR. HICKS IS NOT ENTITLED TO BE CREDITED WITH BASIC QUARTERS ALLOWANCE ON ACCOUNT OF THELMA R. HICKS SUBSEQUENT TO AUGUST 5, 1953.