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B-198818 1 (1981-04-21)

handle is hein.gao/gaobadjhy0001 and id is 1 raw text is: .OECISION ( FILE: B-198818 THE COM PTROLLER E A L OF THE UNITED STATEB WASHINGTON. D. C. 20548 DATE: April 21, 1981 MATTI ,F: Dependency Determination for 'Basic Allowance for Quarters /&/4,, 7 * DIGEST: 1. Where two Air Force members married to each other with one child are divorced, the male member paying child support and the female member having custody of the child, the child is the dependent of both mem- bers under 37 U.S.C. 401; however, since only one member may receive basic allowance for quarters (BAQ) based on the child as a dependent, only the member paying child support (in this case the male member) receives BAQ at the with dependent rate. 2. Where two Air Force members married to each other with one child are divorced, the male member paying child support and the female member having custody of the child, the male member is entitled to receive basic allowance for quarters (BAQ) at with dependent rate. However, if the mem- ber receiving the increased BAQ does not claim the dependent child, the female member who has custody of the child may claim BAQ at the with dependent rate. 3. Where two Air Force members who are married to each other and who have one child are divorced with the male paying child support and the female having custody of the child, the male member receives increased basic allow- ance for auarters (BAQ) on account of the child, but the female member may claim increased BAQ on account of the child, if the male member declines to claim the child for BAQ purposes. When the male member acquires or has different dependents on which to base his claim for increased BAQ, it may.

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