37 U.S.C. § 423
Validity of allowance payments based on purported marriages
A payment of an allowance, based on a purported marriage, that is made under this chapter, under the Career Compensation Act of 1949, or under the Pay Readjustment Act of 1942, before judicial annulment or termination of that marriage, is valid, if a court of competent jurisdiction adjudges or decrees that the marriage was entered into in good faith on the part of the spouse who is a member of a uniformed service or if, in the absence of such a judgment or decree, such a finding of good faith is made by the Secretary concerned or by a person designated by him to investigate the matter.
Notes of Decisions
Cited in 4
cases, 1969–2014 · leading case: United States v. Hall, 74 M.J. 525 (A.F.C.C.A. 2014).
United States v. Hall, 74 M.J. 525 (A.F.C.C.A. 2014). “This focus on the state of mind of the parties at the inception of the marriage is consistent with Congress’ enactment of 37 U.S.C. § 423 , which states: [P]ayment of an allowance, based on a purported marriage .”
United States v. Allen, 27 M.J. 234 (1988). “Conceivably, a statement concerning one’s marital status could be evaluated for falsity in light of one’s personal opinion, religious precepts, state law, or even federal law.”
United States v. Bolden, 28 M.J. 127 (1989). “37 USC § 423 , it also never intended to encourage or subsidize the sort of arrangement into which Bahre and Willoughby entered — with appellant’s encouragement and at his direction.”
United States v. Kirkpatrick, 18 C.M.A. 302 (1969). “See 37 USC § 423 . On November 29, 1966, he filed a form to change the address of “Mr.”
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