B-121175, FEB 16, 1955

B-121175: Feb 16, 1955

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

REQUESTS A DECISION AS TO WHETHER YOU ARE AUTHORIZED TO CREDIT LIEUTENANT JOHN C. THERE WAS SUBMITTED WITH YOUR LETTER A COPY OF AN INTERLOCUTORY JUDGMENT OF DIVORCE ENTERED IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO. ADJUDGING "THAT THE PLAINTIFF IS ENTITLED TO A DIVORCE FROM THE DEFENDENT. THAT WHEN ONE YEAR SHALL HAVE EXPIRED. THE JUDGMENT CONTAINED THE FOLLOWING PROVISIONS: "IT IS FURTHER ORDERED THAT DEFENDANT BE AWARDED THE COMMUNITY PROPERTY OF PARTIES. "IT IS FURTHER ORDERED THAT PLAINTIFF SHALL PAY NOTHING TO DEFENDANT FOR AND AS SUPPORT OF THE MINOR CHILD OF PARTIES UNTIL FURTHER ORDER OF THE COURT.". PROOF OF DEPENDENCY IS NOT GENERALLY REQUIRED TO ESTABLISH A RIGHT TO BASIC QUARTERS ALLOWANCE ON ACCOUNT OF A LAWFUL WIFE OR CHILD.

B-121175, FEB 16, 1955

PRECIS-UNAVAILABLE

ENSIGN R. K. SAVAGE (SC), DEPARTMENT OF THE NAVY:

YOUR LETTER DATED AUGUST 13, 1954, AR7/RKS:LBA:L16-4, REQUESTS A DECISION AS TO WHETHER YOU ARE AUTHORIZED TO CREDIT LIEUTENANT JOHN C. MCGILL, USNR, 181443/1108, WITH BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A LAWFUL WIFE AND CHILD SUBSEQUENT TO JULY 21, 1954.

THERE WAS SUBMITTED WITH YOUR LETTER A COPY OF AN INTERLOCUTORY JUDGMENT OF DIVORCE ENTERED IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO, CALIFORNIA, ON JULY 21, 1954, IN THE CASE OF JOHN C. MCGILL V. JOAN SAUNDERS MCGILL, ADJUDGING "THAT THE PLAINTIFF IS ENTITLED TO A DIVORCE FROM THE DEFENDENT; THAT WHEN ONE YEAR SHALL HAVE EXPIRED, AFTER THE ENTRY OF THIS INTERLOCUTORY JUDGMENT, A FINAL JUDGMENT SHALL BE ENTERED, GRANTING A DIVORCE HEREIN, WHEREBY THE BONDS OF MATRIMONY HERETOFORE EXISTING BETWEEN SAID PLAINTIFF AND SAID DEFENDENT SHALL BE DISSOLVED." THE JUDGMENT CONTAINED THE FOLLOWING PROVISIONS:

"IT IS FURTHER ORDERED THAT DEFENDANT BE AWARDED THE COMMUNITY PROPERTY OF PARTIES, AND THAT DEFENDANT BE AWARDED THE CARE, CUSTODY AND CONTROL OF THE MINOR CHILD OF PARTIES, LYNDA JOAN MCGILL, AND THAT PLAINTIFF SHALL PAY NOTHING TO DEFENDENT FOR HER SUPPORT AND MAINTENANCE.

"IT IS FURTHER ORDERED THAT PLAINTIFF SHALL PAY NOTHING TO DEFENDANT FOR AND AS SUPPORT OF THE MINOR CHILD OF PARTIES UNTIL FURTHER ORDER OF THE COURT."

UNDER THE STATUTES OF THE STATE OF CALIFORNIA AN INTERLOCUTORY JUDGMENT OF DIVORCE DOES NOT DISSOLVE THE MARRIAGE OR FINALLY ALTER THE STATUS OF HUSBAND AND WIFE. 22 COMP. GEN. 1145. PROOF OF DEPENDENCY IS NOT GENERALLY REQUIRED TO ESTABLISH A RIGHT TO BASIC QUARTERS ALLOWANCE ON ACCOUNT OF A LAWFUL WIFE OR CHILD. HOWEVER, THAT GENERAL RULE IS NOT FREE FROM EXCEPTIONS AND HAS NOT BEEN APPLIED IN CERTAIN CASES WHERE, AS HERE, THE SERVICE MEMBER IS SEPARATED FROM HIS WIFE AND DOES NOT SUPPORT HER. ROBEY V. UNITED STATES, 71 C. CLS. 561; 26 COMP. GEN. 514; 33 ID. 308. COMPARE 24 COMP. GEN. 88. A SIMILAR EXCEPTION EXISTS IN THE CASE OF A CHILD IN LIKE CIRCUMSTANCES. 23 COMP. GEN. 71; B-49908, JUNE 19, 1945; B- 118470, AUGUST 19, 1954. HERE THE OFFICER NOT ONLY DOES NOT SUPPORT HIS WIFE OR CHILD, HE HAS BEEN RELIEVED FROM THE DUTY OF SUPPORTING THEM, AND THERE IS NOTHING IN THE RECORD SHOWING THAT THE AWARD OF ALL THE COMMUNITY PROPERTY TO THE WIFE WAS FOR SUPPORT MONEY DURING THE INTERLOCUTORY PERIOD.

IT FOLLOWS THAT ON THE PRESENT RECORD MR. MCGILL IS NOT ENTITLED TO BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF EITHER JOAN SAUNDERS MCGILL OR THE CHILD SUBSEQUENT TO JULY 21, 1954.

THE ENCLOSURES WITH YOUR LETTER WILL BE RETAINED IN THIS OFFICE.