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B-194692 1 (1979-07-24)

handle is hein.gao/gaobadhlc0001 and id is 1 raw text is: otLER C, THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WA S H IINGTON, D .C . 20548 FIL :/-19 69 J7 FILE: B-194692 DATE: JulyrA44, 1979 MATTER OF: DIGEST:(1) Sergeant Richard C. Rushing, USA 6C6 Allotment payments from an Army member's pay made to his spouse in a community property State are considered to be assets of the community in which the member has an interest. Since the member has a direct interest in the payments he is not entitled to be reimbursed for the money erroneously deducted from his pay and paid to his wife in order to pay a voluntary support allotment although the member took the necessary steps to discontinue the allotment. (2) Allotment payments from an Army member's pay made to his former spouse in a community property State after the spouse and the member are divorced inure to the benefit of the spouse's separate estate. It can no Jonger be said that the member has an interest in the .payments. Since the member was not at fault for the continuance of the allotment payments and took all the necessary steps to discontinue the allotment, the member is not liable for the payments made after the divorce and is entitled to be reimbursed for them. The former spouse is liable for them and they should be collected from her. The issue in this case is whether Sergeant Richard C. Rushin. A-is--nt-itl-ed to reimbursement of $3,000 deducted from his military pay account in order to pay a voluntary allotment for the support of his wife after he had requested that the allotment be stopped, We conclude that Sergeant Rushing is entitled to reim- bursement only for the allotment payments made after the date of his divorce, and only to the extent that he was not reimbursed by his wife.

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