B-27020, JUL 14, 1942
Highlights
YOUR ADVANCE DECISION IS REQUESTED AS TO WHETHER I AM AUTHORIZED TO PAY THE INCLOSED VOCUHER. "INCREASED ALLOWANCES HAVE BEEN PAID LT. HE WAS REQUIRED TO PAY $50.00 PER MONTH ALIMONY TO HIS DIVORCED WIFE FOR THE SUPPORT OF THEIR SON UNTIL HE REACHED THE AGE OF TWENTY-ONE. WAS CALLED TO ACTIVE DUTY IN THE ARMY OF THE UNITED STATES AS A SECOND LIEUTENANT AND IS NOW SERVING IN THAT CAPACITY. "IN VIEW OF THE FACT THAT THE DEPENDENT SON IS NOW BEING QUARTERED AND SUBSISTED AS WELL AS PAID A SALARY BY THE UNITED STATES GOVERNMENT. HE WILL STILL BE REQUIRED BY COURT DECREE TO PAY ALIMONY FOR THE SUPPORT OF THE ALLEGED DEPENDENT SON UNTIL HE REACHES THE AGE OF TWENTY-ONE.". THAT SUCH AN ACT OPERATES AS AN EMANCIPATION AND THAT SUCH EMANCIPATION WORKS AS A SEVERANCE OF THE FILIAL RELATIONSHIP AS COMPLETELY AS IF THE CHILD WERE OF AGE.
B-27020, JUL 14, 1942
PRECIS-UNAVAILABLE
MAJOR G. M. PERFATER, F. D., U. S. ARMY:
THERE HAS BEEN CONSIDERED YOUR LETTER OF JUNE 1, 1942, AS FOLLOWS:
"FOR REASONS HEREINAFTER STATED, YOUR ADVANCE DECISION IS REQUESTED AS TO WHETHER I AM AUTHORIZED TO PAY THE INCLOSED VOCUHER, WHICH HAS BEEN SUBMITTED TO ME AS A DISBURSING OFFICER OF THE UNITED STATES FOR PAYMENT IN FAVOR OF LT. COL. EDWARD L. POTTER, CA-RES, IN THE NET SUM OF $68.80, COVERING INCREASED ALLOWANCES FOR THE PERIOD MAY 18, 1942, TO MAY 31, 1942, INCLUSIVE.
"INCREASED ALLOWANCES HAVE BEEN PAID LT. COL. POTTER ON PREVIOUS VOUCHERS BY THIS OFFICE, BASED ON THE FACT THAT BY A COURT DECREE, DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLUMBIA, DATED DECEMBER 22, 1936, HE WAS REQUIRED TO PAY $50.00 PER MONTH ALIMONY TO HIS DIVORCED WIFE FOR THE SUPPORT OF THEIR SON UNTIL HE REACHED THE AGE OF TWENTY-ONE.
"ON MAY 18, 1942, THE SON IN QUESTION, VINCENT POTTER, WAS CALLED TO ACTIVE DUTY IN THE ARMY OF THE UNITED STATES AS A SECOND LIEUTENANT AND IS NOW SERVING IN THAT CAPACITY.
"IN VIEW OF THE FACT THAT THE DEPENDENT SON IS NOW BEING QUARTERED AND SUBSISTED AS WELL AS PAID A SALARY BY THE UNITED STATES GOVERNMENT, DOUBT ARISES AS TO WHETHER INCREASED ALLOWANCES SHOULD CONTINUE TO BE PAID TO LT. COL. POTTER INASMUCH AS CLAIMANT'S STATUS IN REGARD TO PAYMENT OF ALIMONY REMAINS UNCHANGED, AND HE WILL STILL BE REQUIRED BY COURT DECREE TO PAY ALIMONY FOR THE SUPPORT OF THE ALLEGED DEPENDENT SON UNTIL HE REACHES THE AGE OF TWENTY-ONE."
IT HAS BEEN HELD THAT WHERE A MINOR ENTERS THE SERVICE OF THE ARMED FORCES OF THE UNITED STATES, THAT SUCH AN ACT OPERATES AS AN EMANCIPATION AND THAT SUCH EMANCIPATION WORKS AS A SEVERANCE OF THE FILIAL RELATIONSHIP AS COMPLETELY AS IF THE CHILD WERE OF AGE. IROQUOIS IRON COMPANY V. INDUSTRIAL COMMISSION OF ILLINOIS, 128 N. E. 289, 12 A.L.R. 924. SEE, ALSO, 6 COMP. GEN. 288, AND UNITED STATES V. WILLIAMS, 302 U. S. 46, 48.
THE AMOUNT AND CONTINUANCE OF THE ALLOWANCE FOR THE MAINTENANCE OF THE CHILD, AS PROVIDED IN THE DECREE OF THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLUMBIA, DATED DECEMBER 22, 1936, IS OF COURSE SUBJECT TO THE CONTROL OF THAT COURT, BUT IT MAY NOT AFFECT OR INCREASE THE OBLIGATIONS OF THE UNITED STATES.
PAYMENT ON THE VOUCHER SUBMITTED WITH YOUR LETTER IS NOT AUTHORIZED. THE VOUCHER WILL BE RETAINED IN THE FILES OF THIS OFFICE.