COMDTINST 1754.16
amount for each, if any, dependent child of the member, defined in paragraph 4. b., who
resides in the same household as the spouse.
(2) If there is an eligible spouse and if there is a dependent child of the member who does not
reside in the same household as the eligible spouse, payments shall be made to both the
eligible spouse and each dependent child of the member who does not reside in the
household of the member or spouse.
(3) If the spouse is ineligible to receive payment under the forfeiture provisions of paragraph
8.a., 8.b., or 8.c. (that is remarriage, cohabitation with the member separated for the
dependent-abuse offense, or active participation in the dependent-abuse offense), payments
shall be made to each dependent child of the member who does not reside in the household of
the member or spouse.
(4) If there is no eligible spouse for reasons other than those in paragraph 8.a, 8.b., or 8.c. (for
example, the member was not married at the time the dependent-abuse offense occurred),
payments will be made to each dependent child of the member who does not reside in the
household of the member.
(5) If a recipient is incapable of handling his or her own personal affairs, payments may be made
to a court appointed guardian on behalf of the recipient. In the case of a dependent child
under 18 years of age, payments may be made only to a court-appointed guardian or a natural
parent (who is not a spouse of the member), if the natural parent has legal custody of the
dependent child.
b. Commencement and Duration of Payment.
(1) Payment of transitional compensation in the case of a member convicted by a court-martial
for a dependent-abuse offense, shall commence:
(a) The date the court-martial sentence is adjudged, if the sentence includes a dismissal,
dishonorable discharge, bad conduct discharge, or forfeiture of all pay and allowances; or
(b) If there is a pretrial agreement that provides for disapproval or suspension of the
dismissal, dishonorable discharge, bad conduct discharge, or forfeiture of all pay and
allowances, as of the date of approval of the court-martial sentence by the convening
authority if the sentence, as approved, includes an unsuspended dismissal, dishonorable
discharge, bad conduct discharge, or forfeiture of all pay and allowances.
(2) Payment of transitional compensation in the case of a member being considered for
administrative separation for dependent abuse shall commence when competent authority
approves the member's administrative separation and issues orders directing separation from
active duty.
(3) Concurrent payment of transitional compensation and waived forfeitures is authorized in the
case of a member facing a punitive discharge pursuant to a court-martial sentence.
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