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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 17180
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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My brother is ; getting a divorce. He gets around $3,000.00

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My brother is ; getting a divorce. He gets around $3,000.00 a month income. His daughter and husband wants to take him on as a military dependent; his daughter has a career in the armed forces. He has two other children. Will he be giving up his own rights to collect his monthly income to his daughter who takes him on as a dependent. She says she wants to get him low flying rates to visit her in Germany. He is in very good health and has his own home and vehicle. He is 65 years old. Thank you Betty
Submitted: 1 year ago.
Category: Military Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. To answer your actual question, no, assuming that your brother would qualify as a dependent of his daughter's he would be giving any of his income up unless he wanted to. That said, unless she misrepresents the facts to the Service she is in, he will not qualify as a dependent.

In order to qualify as a dependent, when not a primary dependent like a minor child or a spouse, the dependent’s income, not including the member’s contribution, must be less than one-half of their actual monthly living expenses; and the servicemember’s contribution to the dependent/household must be more than one-half of the dependent’s actual monthly living expenses. Supporting documentation of living expenses and the servicemember’s past contribution to the household expenses of the dependent is always required. So, that is why it is doubtful that your brother's daughter will be successful. However, if she is, then as I said, what he does or doesn't give to her is between them.

You can see a very good discussion of what is necessary for "secondary" dependency in the military (all Services go by same rules) by going to: http://www.public.navy.mil/bupers-npc/support/paypers/Documents/PAY%20PERS%20AND%20BENEFITS%20INFO/SecDepGuide_20111.pdf

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 17180
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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