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B-200946 1 (1980-12-15)

handle is hein.gao/gaobaditf0001 and id is 1 raw text is: THE COMPTRPI LLER GENERAL DECISIONI. OF THE UN ITED STATES WASHINGTO D.C. 20548 FILE: B-200946 DATE: December 15, 1980 MATTER OF: Master Sergeant Renny J. Weiss DIGEST: Under 37 U.S.C. S 403(d) uniformed services members are entitled to basic allowance for quarters (BAQ) if their dependents are prevented from sharing their Government quarters because of orders of competent authority. This provision is limited to cases involving orders of military authority. An order issued by a State court placing a member's dependent child in the custody of the member's former wife does not constitute competent authority for this purpose. Enactment of 42 U.S.C. SS 659-662 (Supp. II, 1977), which makes support obligations of Federal ezployees and service members collectible from their pay under applicable State and local processes, does not make a State court custody order an order of competent author- ity within the meaning of 37 U.S.C. § 403(d). This decision is in responseto a request from the Accounting and Finance Officer, Headquarters 14th Fl'ying Training Wing (ATC), Columbus Air Force Base, Mississippi, for an advance decision concerning the propriety of pay- ment of a Military Pay.Order in favor of Master Sergeant Renny J. Weiss, USAF. The question presented is whether Sergeant Weiss is entitled to basic allowance for quarters on behalf of a dependent child residing with his former spouse to whom he is paying child support. The request was forwarded here through the Department of Defense Military Pay and Allowances Committee where it was assigned submission number DO-AF-1353. Sergeant Weiss was divorced from his former wife in 1976. The divorce decree awarded custody of their daugh- ter to the mother and required him to pay child support. Sergeant Weiss has remarried and currentl'y resides in family type Government quarters at Columbus Air Force Base, Mississippi.

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