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FILE; EI-205314
MATTER OF;
Allowances
o1f adopted
T iRf l 3VIJV TROLo LJ3R l 2M, EF1 AIt
0OF TH EUNI TPD ,?TATC3B
WAGHINIqTON, :31, C 20f40
DATE; June 8, 1982
on account
children
DIGEST:
When a Navy member adopts a near
relative who remains with his or her
natural parents, the mimnber may only
receive increased allowances if le can
demonstrate that the adopted child is
in fact dependent upon him for support
This requires clear and convincing
evidence that the adoption is not
merely for Increased allowances, and
that the member's support provides
the child with the necessities of
life which would be unavailable
without this support,
The question presented is whether a member of a
uniformed service who 4doptsia close relative and oontcib..Yhes
substantially to the child's support may be paid increscd
allow~n;es on account of a depanderit %then the child reminr.
,;ith hts natural parents, A mwnber is entitled to incrensed
allowances on acnourit of the dependent. only if he can show
by clear and convincing evidence that the adopted chiild is
in fact dependent on the iember for his or her support,
maintenance, and education.
This
Allowance
Do.-N-],380
Al Iovance
question was asked by the Director, Navy Fi:, ily
Activity, and was assigned submission number
by the Department of Defense Milltary Pay and
Committee.
'in the submission we received, ther
what is termed a qeneral situation. The
an enlisted member of the Navy who is ma
Fil iplro. The member has legally adopre
10-year-old niece but his former niece a
daughter remains with her natural paront
certifies that he is contributingt$35 a
port of his dependent which amount the &
over half the monetary support required
child. Because of the adoption and mone
ments, the member claims entitlement to
at the with dependent rate such as basic
quarte's. The increase in the allowance
dependent far exceeds the monthly amount
v ..r. 1 $-,v f , , r'v ,.n1,e ., IW , hnnr, ',,.en 'I.r ,,
e is an example of
example involves
tried to a native
d his wife's
nd now adopted
so The member
inonth for thetsup-
avy points out is
to 'naintain the
tary support pay.-
certain allowances
allowance fo
due to the
of support pro-
I ,*q0 - - - % ..-'... ..-q. -w.- . -Iq P.'. ',,1 ' ..-.r .- I., I. '.. .
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