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Claim for Transportation Expense of Minor Married Daughter

B-191441 Jun 06, 1980
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Highlights

An emloyee appealed a decision concerning his entitlement to reimbursement for the transportation and related expenses of his minor married daughter incident to his transfer. It was held that the employee could not be reimbursed for these expenses because Federal Travel Regulations limit reimbursement to an employee's immediate family and the definition of that term excludes married minor children. The employee argued that the marriage was void because the daughter was not of age to consent to the marriage and did not have written parental consent as required by State law. In the previous decision, it was determined that the marriage was not void, but merely voidable, and was valid until set aside by a court order. Subsequent to that decision, the employee petitioned to the State court in which the marriage was performed for an annulment of the marriage. The annulment was granted on the grounds that the marriage was procured on fraudulent representations of age. GAO held that the annulment rendered the marriage null from the beginning; therefore, the marriage never existed in the eyes of the law. Since the daughter was not legally married, she qualified as an unmarried minor child and could be considered a member of the employee's immediate family as defined by Federal Travel Regulations. Accordingly, the claim for transportation expenses for the daughter was allowed.

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