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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. 31-Q. Will sums due a child under the allotments and allowance provisions of this law be paid by the government direct to such child if it is not legally of age? A. No money will be paid by the government under this law to any minor child. The money will be paid to its legal guardian or the person legally charged with its care and support. In most instances, this will be the child's mothers, or if the child has no mother, its grandparent, or some other near relative who has been given charge of it. When a child is helpless by reason of insanity, feeblemindedness or through physical disabilities, the same ruling applies, and no money will be paid direct to it, but will be paid to such person who is properly and legally charged with its care and the administration of its affairs. In making allotments to children so situated, the soldier should always bear this point in mind and designate the person or persons who are entitled to receive such contributions for the child. 32-Q. Are there any restrictions or limitations with reference to the age of a child which will prevent its receiving an allowance from the government? A. Yes. Only children under eighteen years of age are primarily entitled to receive allowance from the government. The government, however, will pay allowance to such children older than eighteen, irrespective of their age, if they are dependant upon their father, the soldier, for care, protection and support, by reason of insanity, feeble-mindedness or due to physical disability amounting to helplessness. 33-Q. Are there any cases where a soldier has dependants in Class "A" where he can be relieved from the necessity of making allotments for such dependants? A. Yes. He can be relieved of this obligation in the following cases: First-Where his wife is not dependant upon him, for the support of herself and her children, and files an affidavit with the bureau to that effect, giving substantial proof of the fact that she is able and willing to support herself and her children, and that she does not desire either the soldier's allotment or the government allowance for herself or her children. Second-Where a wife has been divorced and the soldier has children by her, of whom she has been given charge by the court at the time of granting the divorce, if such divorced wife files with the bureau an affidavit to the effect that neither she nor her children are dependant upon the solider and do not wish either the soldier's allotment or the government allowance. Such statement, however, must contain substantial proof of her ability to support the child. Third-Where a wife has deserted the soldier without just cause and through no fault of his. In this case it will be necessary for the solider to claim exemption from such allotment on the face of this allotment blank and to file with the bureau a sworn statement or affidavit setting forth the facts of the desertion and asking to be relieved from the necessity of making such allotment. This sworn statement of the soldier must be supported by the sworn statement of two or more other persons, whenever possible, corroborating the truth of the facts set forth in connection with such claim for exemption. Fourth-Where the soldier's wife at or before the time for making such allotment is guilty of misconduct, or in other words, such conduct as would practically entitle the soldier to a divorce. In such a case the soldier must make claim for the exemption at the time of filling out his allotment and allowance blank and note that claim on such blank. As in case 3, just mentioned, he must then file with the bureau a proper sworn statement, together with the sworn statements of two or more witnesses, setting forth such facts and the grounds upong which he asks to be relieved from making such compulsory allotments? Fifth-Where it has come to the soldier's knowledge that, after allotment has been made and allowance granted to his wife, she has been guilty of improper conduct. The procedure in this case is practically identical with that of case 4. Of course, no notation of such claim can be made on his allotment and allowance blank, but a properly sworn statement by the soldier, accompanied by supporting sworn statements of two or more competent witnesses, will be filed with the Bureau of War Risk Insurance at Washington, setting forth such state of facts and stating the ground upon which the exemption is claimed 34-Q To whom does the solider make such claim for exemption from allotments to Class "A" dependants?
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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. 31-Q. Will sums due a child under the allotments and allowance provisions of this law be paid by the government direct to such child if it is not legally of age? A. No money will be paid by the government under this law to any minor child. The money will be paid to its legal guardian or the person legally charged with its care and support. In most instances, this will be the child's mothers, or if the child has no mother, its grandparent, or some other near relative who has been given charge of it. When a child is helpless by reason of insanity, feeblemindedness or through physical disabilities, the same ruling applies, and no money will be paid direct to it, but will be paid to such person who is properly and legally charged with its care and the administration of its affairs. In making allotments to children so situated, the soldier should always bear this point in mind and designate the person or persons who are entitled to receive such contributions for the child. 32-Q. Are there any restrictions or limitations with reference to the age of a child which will prevent its receiving an allowance from the government? A. Yes. Only children under eighteen years of age are primarily entitled to receive allowance from the government. The government, however, will pay allowance to such children older than eighteen, irrespective of their age, if they are dependant upon their father, the soldier, for care, protection and support, by reason of insanity, feeble-mindedness or due to physical disability amounting to helplessness. 33-Q. Are there any cases where a soldier has dependants in Class "A" where he can be relieved from the necessity of making allotments for such dependants? A. Yes. He can be relieved of this obligation in the following cases: First-Where his wife is not dependant upon him, for the support of herself and her children, and files an affidavit with the bureau to that effect, giving substantial proof of the fact that she is able and willing to support herself and her children, and that she does not desire either the soldier's allotment or the government allowance for herself or her children. Second-Where a wife has been divorced and the soldier has children by her, of whom she has been given charge by the court at the time of granting the divorce, if such divorced wife files with the bureau an affidavit to the effect that neither she nor her children are dependant upon the solider and do not wish either the soldier's allotment or the government allowance. Such statement, however, must contain substantial proof of her ability to support the child. Third-Where a wife has deserted the soldier without just cause and through no fault of his. In this case it will be necessary for the solider to claim exemption from such allotment on the face of this allotment blank and to file with the bureau a sworn statement or affidavit setting forth the facts of the desertion and asking to be relieved from the necessity of making such allotment. This sworn statement of the soldier must be supported by the sworn statement of two or more other persons, whenever possible, corroborating the truth of the facts set forth in connection with such claim for exemption. Fourth-Where the soldier's wife at or before the time for making such allotment is guilty of misconduct, or in other words, such conduct as would practically entitle the soldier to a divorce. In such a case the soldier must make claim for the exemption at the time of filling out his allotment and allowance blank and note that claim on such blank. As in case 3, just mentioned, he must then file with the bureau a proper sworn statement, together with the sworn statements of two or more witnesses, setting forth such facts and the grounds upon which he asks to be relieved from making such compulsory allotments? Fifth-Where it has come to the soldier's knowledge that, after allotment has been made and allowance granted to his wife, she has been guilty of improper conduct. The procedure in this case is practically identical with that of case 4. Of course, no notation of such claim can be made on his allotment and allowance blank, but a properly sworn statement by the soldier, accompanied by supporting sworn statements of two or more competent witnesses, will be filed with the Bureau of War Risk Insurance at Washington, setting forth such state of facts and stating the ground upon which the exemption is claimed 34-Q To whom does the solider make such claim for exemption from allotments to Class "A" dependants?

Revision as of 12:11, 31 July 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. 31-Q. Will sums due a child under the allotments and allowance provisions of this law be paid by the government direct to such child if it is not legally of age? A. No money will be paid by the government under this law to any minor child. The money will be paid to its legal guardian or the person legally charged with its care and support. In most instances, this will be the child's mothers, or if the child has no mother, its grandparent, or some other near relative who has been given charge of it. When a child is helpless by reason of insanity, feeblemindedness or through physical disabilities, the same ruling applies, and no money will be paid direct to it, but will be paid to such person who is properly and legally charged with its care and the administration of its affairs. In making allotments to children so situated, the soldier should always bear this point in mind and designate the person or persons who are entitled to receive such contributions for the child. 32-Q. Are there any restrictions or limitations with reference to the age of a child which will prevent its receiving an allowance from the government? A. Yes. Only children under eighteen years of age are primarily entitled to receive allowance from the government. The government, however, will pay allowance to such children older than eighteen, irrespective of their age, if they are dependant upon their father, the soldier, for care, protection and support, by reason of insanity, feeble-mindedness or due to physical disability amounting to helplessness. 33-Q. Are there any cases where a soldier has dependants in Class "A" where he can be relieved from the necessity of making allotments for such dependants? A. Yes. He can be relieved of this obligation in the following cases: First-Where his wife is not dependant upon him, for the support of herself and her children, and files an affidavit with the bureau to that effect, giving substantial proof of the fact that she is able and willing to support herself and her children, and that she does not desire either the soldier's allotment or the government allowance for herself or her children. Second-Where a wife has been divorced and the soldier has children by her, of whom she has been given charge by the court at the time of granting the divorce, if such divorced wife files with the bureau an affidavit to the effect that neither she nor her children are dependant upon the solider and do not wish either the soldier's allotment or the government allowance. Such statement, however, must contain substantial proof of her ability to support the child. Third-Where a wife has deserted the soldier without just cause and through no fault of his. In this case it will be necessary for the solider to claim exemption from such allotment on the face of this allotment blank and to file with the bureau a sworn statement or affidavit setting forth the facts of the desertion and asking to be relieved from the necessity of making such allotment. This sworn statement of the soldier must be supported by the sworn statement of two or more other persons, whenever possible, corroborating the truth of the facts set forth in connection with such claim for exemption. Fourth-Where the soldier's wife at or before the time for making such allotment is guilty of misconduct, or in other words, such conduct as would practically entitle the soldier to a divorce. In such a case the soldier must make claim for the exemption at the time of filling out his allotment and allowance blank and note that claim on such blank. As in case 3, just mentioned, he must then file with the bureau a proper sworn statement, together with the sworn statements of two or more witnesses, setting forth such facts and the grounds upon which he asks to be relieved from making such compulsory allotments? Fifth-Where it has come to the soldier's knowledge that, after allotment has been made and allowance granted to his wife, she has been guilty of improper conduct. The procedure in this case is practically identical with that of case 4. Of course, no notation of such claim can be made on his allotment and allowance blank, but a properly sworn statement by the soldier, accompanied by supporting sworn statements of two or more competent witnesses, will be filed with the Bureau of War Risk Insurance at Washington, setting forth such state of facts and stating the ground upon which the exemption is claimed 34-Q To whom does the solider make such claim for exemption from allotments to Class "A" dependants?