B-120721, AUGUST 25, 1954, 34 COMP. GEN. 101

B-120721, AUGUST 25, 1954, 34 COMP. GEN. 101

HUSBAND AND WIFE - DIVORCE - QUARTERS, SUBSISTENCE, ETC., ALLOWANCES - CHILDREN NOT IN ACTUAL (PHYSICAL) CUSTODY OF FATHER DIVORCED ARMY OFFICER, WHO WAS AWARDED CUSTODY OF TWO MINOR CHILDREN FOR NINE MONTHS OF THE YEAR AND WAS REQUIRED TO CONTRIBUTE TO THEIR SUPPORT FOR THE REMAINING MONTHS, BUT WHOSE WIFE HAS DISAPPEARED WITH THE CHILDREN, HAS NOT BEEN ABSOLVED OF HIS RESPONSIBILITY FOR THE SUPPORT OF THE CHILDREN AND HAS DEPENDENT UNMARRIED CHILDREN WITHIN THE MEANING OF SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949, SO AS TO BE ENTITLED TO INCREASED QUARTERS ALLOWANCE EVEN THOUGH OFFICER DOES NOT HAVE ACTUAL (PHYSICAL) CUSTODY OF THE CHILDREN.

ACTING COMPTROLLER GENERAL KELLER TO LIEUTENANT COLONEL WILSON HOOVER, DEPARTMENT OF THE ARMY, AUGUST 25, 1954:

BY FIRST ENDORSEMENT DATED JULY 14, 1954, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED TO THIS OFFICE YOUR LETTER OF JUNE 30, 1954, SUBMITTING FOR ADVANCE DECISION A MILITARY PAYROLL MONEY LIST WITH CERTIFICATION SHEET ( DD FORM 117) STATED IN FAVOR OF LIEUTENANT COLONEL CONSTANT A. TROIANO, IN THE AMOUNT OF $136,80, COVERING INCREASED BASIC ALLOWANCE FOR QUARTERS AS AN OFFICER WITH DEPENDENT MINOR CHILDREN FOR THE MONTH OF JUNE 1954.

IN A LETTER DATED JUNE 28, 1954, ALSO ACCOMPANYING YOUR SUBMISSION, THE OFFICER STATES THAT ON MARCH 8, 1954, HE WAS DIVORCED FROM HIS WIFE ( CATHERINE FINNERTY TROIANA) BY A DECREE OF THE CIRCUIT COURT, SARASOTA COUNTY, FLORIDA; THAT HE WAS AWARDED THE SOLE CUSTODY AND CONTROL OF THE MINOR CHILDREN ( SHARON KATHLEEN TROIANA, AGE 3 1/2 YEARS, AND PATRICIA ANN TROIANA, AGE 2 YEARS) FROM SEPTEMBER THROUGH MAY AND DURING SUCH OTHER TIMES AS THE SAID CHILDREN MAY BE ATTENDING SCHOOL DURING THE REGULAR SCHOOL YEAR, HIS FORMER WIFE HAVING CUSTODY AND CONTROL OF THE CHILDREN DURING JUNE, JULY, AND AUGUST, EACH YEAR; THAT HE IS TO PAY HIS FORMER WIFE THE SUM OF $25 A MONTH FOR EACH CHILD WHILE THEY ARE IN HER CUSTODY; THAT IMMEDIATELY UPON THE ISSUANCE OF THE DIVORCE DECREE HIS FORMER WIFE DISAPPEARED WITH THE CHILDREN; AND THAT SHE HAS NOT ADVISED HIM OF THE WHEREABOUTS OF THE CHILDREN OR HER PRESENT MARRIAGE STATUS. THE OFFICER ALSO STATED THAT PAYMENTS OF $50 A MONTH FOR THE SUPPORT OF THE CHILDREN FOR THE MONTHS OF JUNE, JULY, AND AUGUST (1954) WILL BE MADE BY HIS PERSONAL CHECK TO HIS FORMER WIFE AT 3537 FLORES AVENUE, SARASOTA, FLORIDA. YOU STATE THAT THE OFFICER'S STATEMENTS AS TO THE REQUIREMENTS OF THE DIVORCE DECREE HAVE BEEN VERIFIED BY YOU THROUGH AN EXAMINATION OF A COPY OF THE SAID DECREE, AND THAT YOUR DOUBT AS TO THE VALIDITY OF THE PAYMENT IN QUESTION ARISES FROM THE FACT THAT THE OFFICER DOES NOT HAVE ACTUAL (PHYSICAL) CUSTODY OF THE CHILDREN.

ON THIS RECORD, IT DOES NOT APPEAR THAT THE OFFICER HAS BEEN ABSOLVED OF HIS RESPONSIBILITY FOR THE SUPPORT OF HIS MINOR CHILDREN OR THAT HE HAS FAILED OR REFUSED TO CONTRIBUTE TO THEIR SUPPORT. ON THE CONTRARY, UNDER THE TERMS OF THE DIVORCE DECREE THE OFFICER HAS CONTROL AND CUSTODY OF THE CHILDREN FOR 9 MONTHS OF EACH YEAR. FOR SUCH PERIOD THERE IS PLACED ON THE OFFICER THE RESPONSIBILITY FOR ALL COSTS OF SUPPORT, MAINTENANCE, AND EDUCATION OF THE CHILDREN AND HE IS REQUIRED TO CONTRIBUTE TO THEIR SUPPORT DURING THE REMAINING MONTHS OF EACH YEAR WHILE THEY ARE IN THE CARE AND CUSTODY OF HIS FORMER WIFE. IT APPEARS, THEREFORE, THAT LIEUTENANT COLONEL TROIANA HAS DEPENDENT UNMARRIED CHILDREN WITHIN THE MEANING OF SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 804. ACCORDINGLY, YOU ARE AUTHORIZED TO MAKE PAYMENT ON THE MILITARY PAYROLL MONEY LIST WITH CERTIFICATION SHEET, WHICH IS RETURNED HEREWITH, THE OTHER PAPERS SUBMITTED WITH YOUR LETTER BEING RETAINED IN THIS OFFICE.

THIS DECISION, OR A COPY, SHOULD BE INCLUDED IN THE ACCOUNT WHERE CREDIT FOR PAYMENT IS CLAIMED.