About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-204367 1 (1982-04-06)

handle is hein.gao/gaobadkfs0001 and id is 1 raw text is: / DUCISION FILE: 15 COMPTROOLLER USPmALsv OP TIlE UNITED UTATSS WASHINGITON [i. 0. 8054 2/i(9 8-204367 DATE: Aril 6, 1982 MATTER 0 DIGEST: Bennie a. Paradise, USN, Retired (Deceased) In the absence of a determination of the validity of a foreign divorce bya court of competent Jurisdiction, the marital status of former service member who obtained e divorce in Mexico and who subsequently remarried is too uncertain for this Office to determine the proper recipient of member's Survivor Beiefit Plan annuity. The question presented for our decision is whether the Mexican divorce obtained by Bennie B. Paradise from his first wife, Rita Paradise, should be recognized so his subsequent marriage to Mary Paradise may be recog- nized for the purposes of entitlement to a Survivor Benefit Plan annuity under 10 U.s.c. § 1447 *atj_. for her, or whether the claim of Rita Paradise for the annuity should be honored. For the rasons set Corth below we conclude, in the absence of a determination by a court of competent jurisdiction &B to whether the divorce of Lennie B. Paradise from Rita Paudise was valid, that the marital status of both Mary Paradise anM Rita Paradise is too uncerLain for us to authorize the payment of a Survivor Bnrefit Plan annttty to either of them. The request for an advance decision was submitted by the Disbursing Officer, Navy Financb Center, and was assigned submission number DO-N-)3'1 by the Depart-. ment of Defense Military Pay and Allowance Committee. Bonnie B. Paradise married Ritn Pari'ise on August 29, 1949, in Franklin, Kentucky. They subse- quently obtained a divorce in Chihuahua, Mexico, on August 20, 1970. Mr. Paradise later narried his second wife, Mary Paradise, in Newport, Kentucky, on October 14, 1970. He elected coverage under the Sur- vivor Benefit Plan for Mary Paradise as his spouse in 1973. Mr. Paradise died In Ohio on March 21, 1981. A Survivor Benefit Plan annui'hy may be paid only to the spouse, children, or a person with an insurable interest in a membez of the tniformed services. See 10 u.s.c. § 1450 (1976). N (lb IF:

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most