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B-208598 1 (1983-04-15)

handle is hein.gao/gaobadlaj0001 and id is 1 raw text is: DECISION FILE: B-20859 MATTER OF: DIGEST: 1. THE COMPTROLLER GENERAL OF THE UNITEO STATEB WASHINGTON. 0. C. 20548 '8 DATE: April 15, 1983 Senior Airman Donna L. McCoy, USAF, and Staff Sergeant Marty L. Cooper, USAF A member of the uniformed services who is separated from his or her spouse, who is also a member, and who has legal custody of one or more of their children on whose behalf the spouse contributes no support, is entitled to a basic allowance for quarters at the with-dependents rate, regardless of the spouse's entitlement, provided that the dependents on account of whom the increased allowance is paid do not reside in Government quarters. 2. A properly executed separation agree- ment generally is legally sufficient as a statement of the parties' marital separation and resulting legal obliga- tions, for the purpose of determining entitlement to a basic allowance for quarters, even though the agreement was not issued or sanctioned by a court. However, a member's entitle- ment to basic allowance for quarters based on child support obligations created by a separation agreement should be reassessed following court action since the court is not bound by the agreement in awarding custody. This action responds to questions submitted by Air Force accounting and finance officers concerning the claims of Senior Airman Donna L. McCoy, assigned to Keesler Air Force Base, Mississippi, and Staff Sergeant Marty L. Cooper, assigned to Ramstein Air Base, Germany, for increased basic allowance for quarters on account of their dependents. Since they involve similar questions, the two separate requests for advance decisions on these claims were approved and consolidated by the Department of Defense Military Pay and Allowance Committee and . I d

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