B-155265, JAN. 14, 1965

B-155265, JAN. 14, 1965

TO MR. ALBERT W. PORTER, JR.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 3, 1964, AND ENCLOSURES, FORWARDED FOR CONSIDERATION IN CONNECTION WITH YOUR INDEBTEDNESS TO THE UNITED STATES ON ACCOUNT OF OVERPAYMENT OF LUMP SUM READJUSTMENT PAY AND BASIC ALLOWANCE FOR QUARTERS, INCIDENT TO YOUR SERVICE IN THE UNITED STATES NAVAL RESERVE, WHICH WAS THE SUBJECT OF OUR DECISION OF OCTOBER 29, 1964, B-155265.

WE NOW HAVE BEEN ADVISED THAT JUDICIAL PROCEEDINGS HAVE BEEN INSTITUTED AGAINST YOU TO COLLECT THE AMOUNT INVOLVED AND THAT THE MATTER HAS BEEN SET FOR TRIAL ON JANUARY 25, 1965, IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA. SINCE YOUR MARITAL STATUS WILL BE AT ISSUE IN THAT SECTION, IT WOULD NOT BE APPROPRIATE FOR US TO CONSIDER YOUR CLAIM FURTHER UNTIL THAT ISSUE HAS BEEN DECIDED. HOWEVER, IT APPEARS PROPER TO ADVISE YOU THAT THE INFORMATION FURNISHED CONCERNING THE PROPERTY SETTLEMENT AGREEMENT EXECUTED BY YOU AND MARIE J. PORTER IN OCTOBER 1952 FURNISHES NO BASIS FOR THE PAYMENT OF YOUR CLAIM. THAT AGREEMENT COVERED A FOUR-YEAR PERIOD FROM OCTOBER 1952 TO OCTOBER 1956. LETTER FROM YOUR ATTORNEY DATED MARCH 7, 1958, SHOWS THAT YOU AGREED AT THAT TIME THAT YOU WERE IN ARREARS APPROXIMATELY $1,400 IN THE PAYMENTS DUE UNDER THAT AGREEMENT. EVEN IF THE PAYMENTS HAD BEEN MADE AS AGREED THEY WOULD NOT ESTABLISH THAT YOU FURNISHED YOUR WIFE ANY SUPPORT MONEY DURING THE PERIOD HERE INVOLVED FROM JANUARY 1, 1957, TO DECEMBER 24, 1958.

CONCERNING THE $75 PER MONTH ALIMONY PAYMENTS TO YOUR WIFE REQUIRED UNDER COURT ORDERS ENTERED IN THE DIVORCE ACTION INSTITUTED BY HER IN 1957, THE INFORMATION FURNISHED BY YOU SHOWS ONLY FOUR PAYMENTS OF $37.50 HAVING BEEN MADE AS OF MAY 16, 1958. NO OTHER PAYMENTS ARE SHOWN.