B-125472, NOV. 1, 1955

B-125472: Nov 1, 1955

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AMONG THE PAPERS SUBMITTED IS A CERTIFIED COPY OF AN INTERLOCUTORY JUDGMENT OF DIVORCE ENTERED ON JUNE 28. THE OFFICER'S MARRIAGE WAS DISSOLVED BY A FINAL JUDGMENT OF DIVORCE ENTERED ON AUGUST 3. THERE WERE ALSO SUBMITTED THE OFFICER'S DEPENDENCY CERTIFICATE (DD FORM 137). SCHULTZ WHICH RELATE THAT MICHAEL ERIK SCHULTZ WAS BORN ON JULY 15. MAJOR SCHULTZ WILL BE CONSIDERED TO HAVE A DEPENDENT (UNMARRIED MINOR ADOPTED CHILD) WITHIN THE MEANING OF SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949. PAYMENT TO HIM OF AN INCREASED BASIC ALLOWANCE FOR QUARTERS AS FOR AN OFFICER WITH A DEPENDENT IS AUTHORIZED BEGINNING AUGUST 3. FOR SUCH TIME AS THERE IS NO MATERIAL CHANGE IN THE DEPENDENCY STATUS OF THE CHILD.

B-125472, NOV. 1, 1955

TO H. L. KNOPES, DISBURSING OFFICER, DEPARTMENT OF THE NAVY:

YOUR LETTER OF AUGUST 23, 1955, REQUESTS AN ADVANCE DECISION WHETHER MAJOR CHARLES SCHULTZ, R., 018752, USMC, MAY BE CREDITED WITH A BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF AN ADOPTED CHILD (MICHAEL ERIK SCHULTZ) ON AND AFTER AUGUST 3, 1955.

AMONG THE PAPERS SUBMITTED IS A CERTIFIED COPY OF AN INTERLOCUTORY JUDGMENT OF DIVORCE ENTERED ON JUNE 28, 1954, IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES, IN THE CASE OF VERE J. SCHULTZ, PLAINTIFF V. CHARLES SCHULTZ, JR., DEFENDANT, GRANTING THE PLAINTIFF A DIVORCE FROM THE DEFENDANT, AWARDING THE CARE, CONTROL AND CUSTODY OF THEIR MINOR CHILD (M. ERIK SCHULTZ) TO THE PLAINTIFF, AND PROVIDING THAT THE DEFENDANT PAY TO THE PLAINTIFF THE SUM OF $200 A MONTH FOR THE SUPPORT OF HERSELF AND THE CHILD. THE OFFICER'S MARRIAGE WAS DISSOLVED BY A FINAL JUDGMENT OF DIVORCE ENTERED ON AUGUST 3, 1955, IN THE SAME COURT, WHICH CONTINUED THE PROVISIONS OF THE INTERLOCUTORY JUDGMENT RESPECTING ALIMONY AND THE CUSTODY AND SUPPORT OF THE CHILD. THERE WERE ALSO SUBMITTED THE OFFICER'S DEPENDENCY CERTIFICATE (DD FORM 137), A COPY OF A DECREE OF ADOPTION FILED JUNE 23, 1947, AND A STATEMENT EXECUTED BY VERE J. SCHULTZ WHICH RELATE THAT MICHAEL ERIK SCHULTZ WAS BORN ON JULY 15, 1946, AND THAT HE RESIDES WITH HIS ADOPTIVE MOTHER. THEY ALSO RELATE THAT THE OFFICER REGULARLY CONTRIBUTES $150 A MONTH FOR THE CARE, MAINTENANCE, SUPPORT AND EDUCATION OF THE CHILD AND THAT THE CHILD HAS NO OTHER INCOME.

ON THE EVIDENCE SUBMITTED, MAJOR SCHULTZ WILL BE CONSIDERED TO HAVE A DEPENDENT (UNMARRIED MINOR ADOPTED CHILD) WITHIN THE MEANING OF SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 804, AND PAYMENT TO HIM OF AN INCREASED BASIC ALLOWANCE FOR QUARTERS AS FOR AN OFFICER WITH A DEPENDENT IS AUTHORIZED BEGINNING AUGUST 3, 1955, AND FOR SUCH TIME AS THERE IS NO MATERIAL CHANGE IN THE DEPENDENCY STATUS OF THE CHILD.

THE DEPENDENCY CERTIFICATE (DD FORM 137) AND SUPPORTING PAPERS ARE RETURNED. SUCH EVIDENCE, TOGETHER WITH THIS DECISION, OR A COPY, SHOULD BE INCLUDED IN THE ACCOUNT WHERE CREDIT FOR THE PAYMENTS AUTHORIZED IS FIRST CLAIMED.