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B-184314 1 (1976-04-20)

handle is hein.gao/gaobadudk0001 and id is 1 raw text is: bnua JtZ4S712 . DECISIONI THE COMPTROLLER GENERAL OF THE UNITED STATES WASH I NGTO N, 0. C . 20548 DATE: APR 2 0 1976 MATTER C ,USAFtR, Attre~d 41becaeasd) DIGEST: Member obtained Nevada divorce In pro- eee4ing in which w~ft neither appnared nor was rtprsanted, Wlo mnmber's death partial payment of unpaid retired pay was ma to two of five diiidrn undor ItOU. A. C. 217I(a) on basis tht there was no destgnated b#-nrfletary and no spose. It was later found that a New York court In a proceding brought by wife for separation and support,. In which both parties appeared, had refused to recognioe Nyvada divorce. Thus, remaining unpaid pay may be paid to wife but 10 U.,64 C. 2?71(d) bar* rovery of amount paid to childrin on ovidonoe then of reqord4 This stketon is in resnonae to a letter dated June 10, IW5. with enelosurs, frm 1, in whiob she recuests rtton- cidoratlon of our Transportator and ClainsE Division settlvorent dated June 2. 1t75. which dtaallowed her claim for the arrears of rctirxl ply In t amount of $561.80 due the late (also known as -, USAFRl, ftetfred, on the dte of his death, Novenbitr 28, 1Q73. The rtecord shows that married the ola~nlant in htofeix City, Alabama, w AprIl 10, 1f40, and thkwy were subaequ,sntly married in a religious ceremony in New York City on Junt, 10, 1940, at which tine It appears that both parties wort residents of the t ae of New York. Two daughtern werv born of that warrlage, and Qt Novenmber 19, 1046, th 'S>econd Judiezial flistrit C(ourt of Lhe $tate of Nevada Issue d a doe me of divorve whit[ purportedly terxrinatftd the marriatge of ard in that de.ree It i st td that th* plaintiff, . anpesred In person &nd by his attornvy; that the defendant, , wa duly and regularly served with a ertfled copy of the compiaitat and nmons in Now York; that eh tailed to answer within the ttne allowed by laws and that default was duly Sad regularly entered. It is also stuttd that residcnce In the ',tate of Nevada for the time requred by iaw was proven to the sat- Israction of the court, 77 I j

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