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B-200198 1 (1981-08-17)

handle is hein.gao/gaobadjqr0001 and id is 1 raw text is: DECISION K FILE: B-200198 THE COMPTR/LL . OF THE UNITED STATES ' WASHINGTON. 0.C. 20548 DATE: August 17, 1981 MATTER OF: Lieutenant Wayne R. Van Doren, USN DIGEST: Naval officer's entitlement to basic quarters allowance at the with dependent rate for spouse does not automatically terminate upon issuance of decree of divorce where, under gov- erning State law, the finality of the divorce decree is suspended when the judgment is appealed and although on disposition of the appeal the original judgment becomes final, the member is considered as having a lawful spouse during the pending of the appeal. Under applicable regulations, member's entitlement to basic quarters allowance for spouse continues until appeal is resolved provided, however, that member proves that he actually provided support for spouse during pendency of appeal. At what point in time does a member's entitlement to basic allowance for quarters (BAQ) at the with dependent rate cease when a divorce decree is granted under Texas law, but an appeal to such action is taken and not decided until a later date? Under Texas law a husband and wife retain their marital status pending disposition of the appeal, thus, the member is entitled to BAQ at the with dependent rate on account of his wife until the appeal is settled if he can demonstrate that he actually provided support. This request for decision was submitted by the Director, Navy Family Allowance Activity and was assigned control number DO-N-1352, by the Department of Defense (DOD) Military Pay and Allowance Committee. The question relates to the propri- ety of payment of a youcher in favor of Lieutenant Wayne R. Van Doren, USN, for basic allowance for quarters (BAQ) at the with dependent rate for his spouse during the period between December 13, 1977, to September 25, 1978. The issue in this matter is whether Lieutenant Van Doren's entitlement to BAQ at the with dependent rate continued for the period between December 13, 1977, when the Family District Court of Fort Bend County, Texas, issued a decree of divorce to the Van Dorens and September 25, 1978, at which time the Court of Civil Appeals for the First Supreme Judicial District 116e33 e

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