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B-248213 1 (1992-09-09)

handle is hein.gao/gaobadodm0001 and id is 1 raw text is: * )R ~Comptroller General of the United States Washington, D,O, 20548 Decision Matter of: Sergeant Gerald W. Emery File: B-248213 Date: September 9, 1992 DIGEST Member whose with-dependent Basic Allowance for Quarters was terminated by the Air Force on a show of clear evidence that member, contrary to previous determination by a court of law, was not in fact the father of a child born out of wedlock, continues to be subject to garnishment of pay for child support until court order requiring garnishment is vacated, DECISION A question has been presented to us concerning whether SGT Gerald W. Emery whose pay was being garnished for child support is entitled to Basic Allowance for Quarters at the with-dependent rate (BAQ/W) for the period from October 21 to December 31, 1991.' For the following reasons he is not entitled to BAQ/W. SGT Emery asserts that he is due BAQ/W for the approximately 2 months in question, because, pursuant to a court order, the Air Force garnished his pay for child support during that period. In fact, the garnishment had begun on September 1, 1991, and until October 21, 1991, SGT Emery received BAQ/W. Only after SGT Emery presented the results of a genetic test, on the basis of which the paternity judgment was ultimately reversed, did the Air Force terminate BAQ/W, though it continued to obey the court order to garnish SGT Emery's pay, as required by 42 U.S.C. § 659, until that order was vacated. Essentially, the Air Force, in administering BAQ, acted more quickly than the court, in rescinding the paternity order. This resulted in an anomalous situation in which the Air Force could deny 'The question was presented by the Chief, Military Pay, Headquarters 5th Wing (SAC), Minot Air Force Base, North Dakota.

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