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THE BAYONET: CAMP LEE, VA., FRIDAY, MAY 10, 1918 by means of allotment or the government by means of allowance. 28-Q. Must the soldier make allotment and the government make the allowance, if claimed, in all cases where he has a divorced wife to whom alimony has been decreed or ordered to be paid? A. No. Any allotment made by the solider to a divorced wife in payment of alimony is at all times subject to the prior claims for allotment and allowance of his present wife, his present wife's children, his illetigi-mate children, his adopted children and his children by his divorced wife, if any there be. If the soldier has a present legal wife, or a common-law wife, allotment must first be made to her and her allowance from the government claimed. If he also has children, of any of the kinds just mentioned, proper allotments and allowance must be made for them along with his wife. If the total amount of the allowances claimed for his present wife and such children is less than $50 monthly, the government will pay that difference, or such portion of it as equals the amount of alimony due such divorced wife. Such portion of the alimony as is in excess to or greater than the difference will not be paid by the government, and need not be paid by the soldier by means of additional compulsory or voluntary allotments.
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THE BAYONET: CAMP LEE, VA., FRIDAY, MAY 10, 1918 by means of allotment or the government by means of allowance. 28-Q. Must the soldier make allotment and the government make the allowance, if claimed, in all cases where he has a divorced wife to whom alimony has been decreed or ordered to be paid? A. No. Any allotment made by the solider to a divorced wife in payment of alimony is at all times subject to the prior claims for allotment and allowance of his present wife, his present wife's children, his illegitimate children, his adopted children and his children by his divorced wife, if any there be. If the soldier has a present legal wife, or a common-law wife, allotment must first be made to her and her allowance from the government claimed. If he also has children, of any of the kinds just mentioned, proper allotments and allowance must be made for them along with his wife. If the total amount of the allowances claimed for his present wife and such children is less than $50 monthly, the government will pay that difference, or such portion of it as equals the amount of alimony due such divorced wife. Such portion of the alimony as is in excess to or greater than the difference will not be paid by the government, and need not be paid by the soldier by means of additional compulsory or voluntary allotments. 29-Q. Must the soldier make any allotment for a wife from whom he has been legally divorced, but to whom he has not been ordered by a court to contribute alimony? A. No. No such a divorced wife is no longer his wife, and does not, therefore, fall within the permitted classes of dependants. 30-Q. If a soldier has children by his present wife and children by a former wife, now dead, or a former divorced wife still living, what is his duty with reference to making allotments to them and claiming government allowances for them? A. Under the law, there is absolutely no distinction between such children with reference to the right to receive government allowances. In this connection it should be understood that there is no distinction whatever between any of the children included in Class "A" dependants, so far as their right to receive and share equally in government allowances claimed relates to them. Thus, if a soldier had a present wife, a former wife, now dead, and a former wife divorced, but still living, and had one child living by each of such wives, the government allowance for such children, after proper allotment had been made, as already explained, to secure and claim it, would be $22.50, and that allowance would be equally divided between them, each receiving $7.50 monthly. In the case of the child of his present wife, her child's allowance would be paid to his present wife, if the child was under eighteen years of age, or, if over that age, it was incapable of properly supporting itself by reason of insanity or physical helplessness. In the case of the child of the wife now dead, its share would be paid to its legal guardian, which would probably be the soldier's present wife, or some near relative either of the soldier or the soldier's dead wife. In the case of the child of the divorced wife still living, its share would be paid to its legal guardian as determined by the court at the time of granting the divorce.

Revision as of 11:21, 23 May 2017

THE BAYONET: CAMP LEE, VA., FRIDAY, MAY 10, 1918 by means of allotment or the government by means of allowance. 28-Q. Must the soldier make allotment and the government make the allowance, if claimed, in all cases where he has a divorced wife to whom alimony has been decreed or ordered to be paid? A. No. Any allotment made by the solider to a divorced wife in payment of alimony is at all times subject to the prior claims for allotment and allowance of his present wife, his present wife's children, his illegitimate children, his adopted children and his children by his divorced wife, if any there be. If the soldier has a present legal wife, or a common-law wife, allotment must first be made to her and her allowance from the government claimed. If he also has children, of any of the kinds just mentioned, proper allotments and allowance must be made for them along with his wife. If the total amount of the allowances claimed for his present wife and such children is less than $50 monthly, the government will pay that difference, or such portion of it as equals the amount of alimony due such divorced wife. Such portion of the alimony as is in excess to or greater than the difference will not be paid by the government, and need not be paid by the soldier by means of additional compulsory or voluntary allotments. 29-Q. Must the soldier make any allotment for a wife from whom he has been legally divorced, but to whom he has not been ordered by a court to contribute alimony? A. No. No such a divorced wife is no longer his wife, and does not, therefore, fall within the permitted classes of dependants. 30-Q. If a soldier has children by his present wife and children by a former wife, now dead, or a former divorced wife still living, what is his duty with reference to making allotments to them and claiming government allowances for them? A. Under the law, there is absolutely no distinction between such children with reference to the right to receive government allowances. In this connection it should be understood that there is no distinction whatever between any of the children included in Class "A" dependants, so far as their right to receive and share equally in government allowances claimed relates to them. Thus, if a soldier had a present wife, a former wife, now dead, and a former wife divorced, but still living, and had one child living by each of such wives, the government allowance for such children, after proper allotment had been made, as already explained, to secure and claim it, would be $22.50, and that allowance would be equally divided between them, each receiving $7.50 monthly. In the case of the child of his present wife, her child's allowance would be paid to his present wife, if the child was under eighteen years of age, or, if over that age, it was incapable of properly supporting itself by reason of insanity or physical helplessness. In the case of the child of the wife now dead, its share would be paid to its legal guardian, which would probably be the soldier's present wife, or some near relative either of the soldier or the soldier's dead wife. In the case of the child of the divorced wife still living, its share would be paid to its legal guardian as determined by the court at the time of granting the divorce.