B-136253, JUN. 12, 1958

B-136253: Jun 12, 1958

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FROM OUR CLAIMS DIVISION WHICH ADVISED THAT YOU WERE INDEBTED TO THE GOVERNMENT IN THE AMOUNT OF $518 DUE TO ERRONEOUS PAYMENTS OF FAMILY ALLOWANCE MADE TO YOUR FORMER WIFE. WHILE YOU WERE SERVING IN THE ARMY OF THE UNITED STATES. THE BASIS FOR THE DETERMINATION OF YOUR INDEBTEDNESS WAS THAT YOU APPLIED FOR A FAMILY ALLOWANCE ON BEHALF OF YOUR WIFE WITHOUT DISCLOSING THE EXISTENCE OF THE INTERLOCUTORY DECREE OF DIVORCE AWARDED TO HER BY THE SUPERIOR COURT OF THE STATE OF CALIFORNIA. YOUR ATTORNEY EXPLAINS THAT THIS NONDISCLOSURE WAS BECAUSE OF THE FACT THAT YOU WERE STILL LEGALLY MARRIED IN ACCORDANCE WITH THE TERMS OF THE DECREE. AFTER THE INTERLOCUTORY DECREE WAS GRANTED. THERE WAS A RECONCILIATION AND YOU AND MRS.

B-136253, JUN. 12, 1958

TO MR. EDMUND W. SCHRECENGOST:

BY LETTER OF MAY 5, 1958, YOUR ATTORNEY, MR. J. V. MCGOODWIN, PROTESTS THE ACTION TAKEN IN A LETTER DATED APRIL 11, 1958, FROM OUR CLAIMS DIVISION WHICH ADVISED THAT YOU WERE INDEBTED TO THE GOVERNMENT IN THE AMOUNT OF $518 DUE TO ERRONEOUS PAYMENTS OF FAMILY ALLOWANCE MADE TO YOUR FORMER WIFE, MRS. CLARICE SCHRECENGOST, WHILE YOU WERE SERVING IN THE ARMY OF THE UNITED STATES.

THE BASIS FOR THE DETERMINATION OF YOUR INDEBTEDNESS WAS THAT YOU APPLIED FOR A FAMILY ALLOWANCE ON BEHALF OF YOUR WIFE WITHOUT DISCLOSING THE EXISTENCE OF THE INTERLOCUTORY DECREE OF DIVORCE AWARDED TO HER BY THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF KERN, ON FEBRUARY 10, 1942. THIS DECREE MADE NO PROVISION FOR SUPPORT OR ALIMONY. YOUR ATTORNEY EXPLAINS THAT THIS NONDISCLOSURE WAS BECAUSE OF THE FACT THAT YOU WERE STILL LEGALLY MARRIED IN ACCORDANCE WITH THE TERMS OF THE DECREE; THAT IN MARCH 1942, AFTER THE INTERLOCUTORY DECREE WAS GRANTED, THERE WAS A RECONCILIATION AND YOU AND MRS. SCHRECENGOST WENT BACK TO LIVING TOGETHER; THAT YOU CONTINUED TO LIVE TOGETHER AS MAN AND WIFE UNTIL THE TIME OF YOUR INDUCTION INTO THE ARMY; THAT THEREAFTER YOU LIVED TOGETHER AS MAN AND WIFE AS MUCH AS THE CONDITIONS OF YOUR SERVICE PERMITTED, AND YOU REGARDED YOUR MARITAL DISRUPTION AS COMPLETELY OVER UNTIL YOUR WIFE OBTAINED THE FINAL DECREE WHILE YOU WERE OVERSEAS.

SECTION 106 (C) OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, 56 STAT. 383, AS AMENDED BY SECTION 6 (C) OF THE ACT OF OCTOBER 26, 1943, 57 STAT. 578, PROVIDED:

"/C) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS TITLE, IN ANY CASE IN WHICH A FAMILY ALLOWANCE IS GRANTED UNDER THIS TITLE---

"/1) TO A WIFE LIVING SEPARATE AND APART FROM THE ENLISTED MAN UNDER A PERMANENT OR TEMPORARY COURT ORDER OR DECREE OR WRITTEN AGREEMENT, THE AMOUNT OF THE FAMILY ALLOWANCE PAYABLE TO SUCH WIFE SHALL NOT EXCEED THE AMOUNT PROVIDED IN SUCH ORDER, DECREE, OR WRITTEN AGREEMENT TO BE PAID TO SUCH WIFE, AND IF SUCH ORDER, DECREE, OR WRITTEN AGREEMENT PROVIDES NO AMOUNT TO BE PAID TO SUCH WIFE, NO FAMILY ALLOWANCE SHALL BE PAYABLE TO HER * * *.'

IN VIEW OF THE EXPLANATION FURNISHED THAT YOU AND YOUR WIFE WERE NOT LIVING SEPARATE AND APART UNDER A COURT DECREE DURING THE PERIOD THAT THE FAMILY ALLOWANCE WAS PAID, AND SINCE THIS SEEMS TO BE SUPPORTED BY OTHER EVIDENCE OF RECORD, THE PAYMENTS OF FAMILY ALLOWANCE WILL NOT BE FURTHER QUESTIONED AND THE DEBT CHARGE AGAINST YOU WILL BE REMOVED.