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B-215284,B-216022 1 (1984-12-03)

handle is hein.gao/gaobadmax0001 and id is 1 raw text is: 0 THE COMPTROLLER GENERAL OECISION OP T HE UNITEO STATES WASHINGTON, D.C. 20549 FILE: B-216022 DATE: December 3, 1984 B-21 5284 MATTER OF: Sergeants Mason and Smith DIGEST: Where two military members are divorced, or legally separated, the children of the marriage are in the legal custody of a third party, and each member is required to pay child support to the third party, only one of the members may receive the increased basic allowance for quarters (with-dependent rate) based upon these common dependents. If the members are unable to agree as to which should claim the children as dependents, the parent providing the greater or chief support should receive the increased allowance, unless both members provide the same amount of support, in which case the senior member should receive the increased allowance. This action responds to questions concerning the entitlement to basic allowance for quarters at the with- dependent rate of Staff Sergeant Kathleen Smith, USAF, and Staff Sergeant Bradley Smith, USAF, based on their dependent children, and Staff Sergeant Mary A. Mason, USAF, and Sergeant James E. Mason, Jr., USAF, based on their dependent children.1/ The matter involves the situation where two service members having been married to each other, are separated or divorced, and their dependent children are in the legal custody of a third party to whom the members must pay child support. 1/ The questions concerning the Smiths were submitted by the Accounting and Finance Officer, 354th Tactical Fighter Wing, Myrtle Beach Air Force Base, South Carolina, and the questions concerning the Masons were submitted by the Accounting and Finance Officer, United States Air Force Academy, Colorado. Since they involve similar questions, the two separate requests were approved and consolidated by the Department of Defense Military Pay and Allowance Committee and assigned control number DO-AF-1441. 0-30o

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