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B-195969 1 (1980-05-15)

handle is hein.gao/gaobadigk0001 and id is 1 raw text is: 


                        THE  COMPTROLLER GENERAL
0 E C IS 10N               = T !- 7: 7 T 77 0 71~ STAT ES
                         WASHINGTON, D. C. 20548



FILE:         B-195969        DATE:  May 15, 1980

MATTER  OF:    Ernest F. Gianotti--Education Allowance--
               Transportation Expenses--Divided
IGEST:         Custody of Minor Children
           (1) New appointee was hired for position
               in Trust Territory of the Pacific
               Islands.  Custody of his children
               was divided equally between employee
               and his former wife.  He may receive
               education allowance authorized by
               Standardized Regulations (Government
               Civilians, Foreign Areas) for children
               meeting defined criteria presented in
               the Standardized Regulations for periods
               beginning when each child became a
               member of his household at the over-
               seas post.

           (2) Employee's transportation expenses
               for minor children whose custody
               has been divided between the employee
               and his former spouse are reimbursable
               pursuant to 5 U.S.C. 5 5722 when his
               children met definition of im-
               mediate family as set forth in
               paragraph 2-1.4d of Federal Travel
               Regulations, and became members of
               employee's household consistent
               with decisions of this Office.
               Length of time which children
               actually live with parent-employee
               and discernible intent which
               characterizes these periods are
               integral evidentiary facts which
               must be considered in determining
               entitlement to travel expenses.

           (3) Employee's entitlement to education
               allowances under 5 U.S.C. § 5924(4)
               and transportation expenses under
               5 U.S.C. § 5722 for his minor children
               whose custody has been divided between
               the employee and his former spouse is





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