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B-195383 1 (1979-11-06)

handle is hein.gao/gaobadhsa0001 and id is 1 raw text is: 



DECISION





FILE :B-195383


THE  COMPTROLLER GENERAL
OF   THE UNITED STATES
WASHINGTON, O.C. 20548




       DATE:  November 6, 1979


MATTER OF: AT2 John T. Ranazzi, USN


1.  A Navy enlisted member required to pay child
    support by a court order deposited the sup-
    port payments in an irrevocable trust with
    the child as beneficiary when his former wife
    refused to accept support payments. The mem-
    ber is not entitled to basic allowance for
    quarters at the with dependent rate on behalf
    of the child in view of the determination by
    responsible Navy officials that a dependency
    status has not been shown by payments into
    trust in lieu of direct support payments.

2.  Under 37 U.S.C. 403(h) (1976) determinations
    of dependency for basic allowance for quarters
    for enlisted members of the uniformed services
    may be made by the Secretary concerned, or his
    designee, and such determinations are final
    and not subject to review by the General
    Accounting Office or the courts, except in
    cases of fraud or gross negligence.


     In this case a divorced member of a uniformed service claims
basic allowance for quarters](BAQ) at the with dependent rate on
the basis that he is required by a court order to pay child
support although the former spouse who has custody of the child,
refuses to accept support payments. Responsible service officials
have refused to accept the member's payments to an irrevocable
trust with the child as beneficiary as sufficient evidence of
support of the child to determine its dependency on him for BAQ
purposes.  In these circumstances we find that the BAQ may not be
paid.


     The question was presented here upon a request for an advance
decision from the Disbursing Officer, Naval Air Station, 1Qffett-*C 0 8
-Field, California, forwarded here by theNavyAccounting and Finance
Center aid assigned submission number DO-N-1324 by the Department of
Defense Military Pay and Allowance Committee.




                           ~ I(O7


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