[Entitlement of Divorced Air Force Members to Dependents' Basic Allowance for Quarters]

An advance decision was requested as to whether two divorced Air Force members were entitled to increased basic allowances for quarters when one member had custody of the couple's two children and the other member payed child support on behalf of only one child. Only the member paying child support received the quarters allowance at the increased dependents rate. The member with custody of both children also sought the increased quarters allowance because one child was not claimed as a dependent by the former spouse. It was also asked whether the answer would differ if the couple were legally separated rather than divorced. GAO stated that the Military Pay and Entitlements Allowances Manual provides that a divorced member paying child support is entitled to increased quarters allowance if the support payments are equal to or greater than the difference between that member's allowances with and without dependents. The member with custody can claim the increased allowance only if the other member declines to claim the child as a dependent, and the law permits only one payment of the allowance on account of the same class of dependents. GAO stated that the rule applies to both divorced or separated members when the common dependents are all in the legal custody of one parent. The fact that the support payments were made on behalf of only one of the children was not enough to divide the class of common dependents. Therefore, GAO found that only the member paying child support was entitled to the increased quarters allowance and the other member's claim for the difference between basic allowance for quarters at the without-dependents rate and that allowance at the with-dependents rate may not be allowed.