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B-209073 1 (1983-04-22)

handle is hein.gao/gaobadlal0001 and id is 1 raw text is: DECISION ~ THE COMPTROLLER GENERL1qJ 3ECISION/: -- OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-209073 DATE: April 22, 1983 MATTER OF: Joanne M. Haag, USAF DIGEST: Where two married Air Force members with common dependents subsequently divorce, only one member may receive basic allow- ance for quarters based on the children as dependents, unless the class of common dependents is divided by separation agree- ment or court order. The member paying child support, which is stated to be on behalf of one child but is sufficient to qualify for entitlement under the applicable regulation, is entitled to the basic allowance for quarters at the with dependents rate while the member having custody of the children receives the allowance at the without dependents rate. This action is in response to a request for an advance decision from the Accounting and Finance Officer, 47th Flying Training Wing, Laughlin Air Force Base, Texas. The request has been assigned Control Number DO-AF-1408 by the Department of Defense Military Pay and Allowance Committee. The question for our determination is whether two divorced Air Force members are both entitled to an increased basic allowance for quarters when one member has custody of the couple's two children and the other member pays child support only on behalf of one child. Currently only the member paying child support receives the quarters allowance at the increased with dependents rate. The member with custody of both children is now seeking the quarters allow- ance at the with dependents rate on account of the child not claimed as a dependent by the former spouse. It is our view that only one member may receive an increased quarters allowance on behalf of ccimon dependents who are all in the custody of one parent. In accordance with existing regula- tions the member Paying child support is entitled to the increased allowance while the member with custody receives basic allowance for quarters at the without dependents rate. The submission also asks whether our answer would differ if the couple were legally separated rather than

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