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B-213658 1 (1984-06-26)

handle is hein.gao/gaobadltn0001 and id is 1 raw text is: ' THU COMPTROLLER GENERAL OD CISION - OP THE UNITEO STATEm WASHINGTON. 0.C. 20548 I~T FILE: B-213658 DATE: June 26, 1984 MATTER OF: Senior Chief Petty Officer Lawrence Stallard, USN DIGEST: An agreement incorporated into a divorce decree provided that there would be joint custody of the children of the marriage but that the children would reside with the member's former wife and visit the member frequently and for long periods. The member asserts that the children actually resided with him before and after the divorce until he was ordered overseas and that they would have continued to reside together but for the military orders. Under these circumstances, the separation between the member and his children resulted from the provisions of the divorce settlement and not from his military assignment. Thus he is not entitled to family separation allowance, type I. This action is in response to a request from a dis- bursing officer1 for a decision on the question of whether Senior Chief Petty Officer Lawrence E. Stallard, USN, is entitled to family separation allowance, type I, subsequent to his divorce. On the basis of the evidence provided the allowance may not be paid since the agreement between the member and his former wife provided that the children were to reside with the wife and not the member. Facts and Issue A separation agreement between the parties was signed on February 21, 1983, and was incorporated into the divorce decree which was granted on April 13, 1983. That agreement The request, made by G. A. Sebastiani, Disbursing Officer at U.S. Navy Personnel Support Activity Detachment, U.S. European Command, and was transmitted by the Department of Defense Military Pay and Allowance Committee and assigned submission number DO-N-1431. 019 2x1 I

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