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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34550
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My Son is in AIT now, and will be going to Fort hood in July.

Customer Question

My Son is in AIT now, and will be going to Fort hood in July. His wife and baby are joining him. Also. My ex husband is living with them and wants to go to. He is homeless and a freeloader. He gets 600 dollars per month from disability. He has not worked in years . He is 59, and has never been in the military. Would he even be able to go with them? Are they able to claim him as a dependant? He is not really disabled. I do not understand how he even got benefits.
Submitted: 4 years ago.
Category: Military Law
Expert:  P. Simmons replied 4 years ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

This depends...

If they plan to live "off post" then it is not an issue at all. Your son can have whomever he likes live with him.

On post it is a bit more complex. He would need to obtain permission from the base commander to allow his father to live with him. But generally speaking this is allowed, once permission is obtained.

"claiming as a dependent" is a separate process. He can certainly apply. The process is not complex. There is a form (DD Form 137-3) he would need to file to make the request. The test is income...if the majority of the parents income comes from the child and the parent lives with the child, then it is possible for the parent to get dependent status.

So is possible. It is certainly possible to move in with your son (if your son allows it) and it may be possible to gain dependent status.

Let me know if you have more questions...happy to assist if I can

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