[Questions Concerning Basic Allowance for Quarters for Air Force Members]

Decisions were requested by two Air Force accounting and finance officers as to which military members in a divorced or separated status are entitled to a basic allowance for quarters at the with-dependent rate when the dependent children are in the legal custody of a third party to whom the members pay child support. In the case of one divorced couple, the ex-wife requested that she be paid the increased housing allowance rate since she was a noncustodial parent required to pay child support under a divorce decree. In this case, both members were at the same pay grade and could not agree as to who should receive the quarters allowance at the increased rate, although the ex-husband was ordered to pay more child support than the ex-wife. In another case, a separation agreement gave child custody to a third party and required each member to pay an equal amount of child support. Although the wife was authorized basic allowance for quarters at the with-dependent rate, the husband claimed the increased allowance also, and the wife's quarters allowance rate was reduced pending a GAO decision. If two military members divorce, only one of the members may receive an increased quarters allowance for their common dependents when the dependents are in the custody of a third person. When the members cannot agree between them, GAO found that the parent providing the chief support should receive the increased allowance. In situations where the members pay equal amounts, the increased allowance should go to the senior member as determined by the service. Accordingly, in the case of divorced members, the party paying the chief child support is entitled to the quarters allowance at the with-dependent rate and, in the case of the members who are each providing the same amount of child support, the with-dependent rate should be paid to the senior member.