Military Law

Have military law questions? Ask a military lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My brother is unable to get a job and can not leave the

Hello. My brother is...

Hello. My brother is unable to get a job and can not leave the state of CA due to probation. He is about to be homeless on April 24th. I am active duty USMC and I am stationed in California. He is an adult relative. Can I claim him as a dependent to prevent him from being homeless? I am single and live in the barracks.

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

I asked my chain of command about it and they told me to ask IPAC. I figured I would try my own research first.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My brother can't get a job because he has a felony gun charge and he cant join the military or peace corps because he has been diagnosed with asthma, PTSD, and he has other possible undiagnosed mental disorders.

Show More
Show Less
Ask Your Own Military Law Question
Answered in 11 minutes by:
3/19/2018
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,458
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Ask Your Own Military Law Question

Can you tell me, how old is your brother?

Ask Your Own Military Law Question
Customer reply replied 3 months ago
He is turning 29 in November
Customer reply replied 3 months ago
Unfortunately I don't have a phone right now.

Thanks Marine

That is not possible. That, it is not possible, under federal law, to claim an adult brother as a dependent.

In some circumstances you can claim a parent...or a brother who is 22 or younger...or a brother that is named a ward of the court.

But if your brother is not a ward of the court (meaning he is not incompetent)? Then it is not possible to add him as a dependent.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can claim your brother as your dependent, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Ask Your Own Military Law Question
Customer reply replied 3 months ago
Is there any thing else myself or my family can do to help him? Is there anyway we can help him get his probation transferred to another state?

If he has someplace to live in the other state? You can use the interstate compact process to request transfer (he would make the request to his PO). But he needs to have a place to live and the prospect of work to convince his PO to support this. The interstate compact is discretionary...he can request the transfer, but if the state does not approve the request? Then he does not have recourse (since there is no "right" to a transfer)

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,458
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
P. Simmons and 87 other Military Law Specialists are ready to help you
Ask your own question now
Customer reply replied 3 months ago
thank you!
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a military lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,458
37,458 Satisfied Customers
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

37,458 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

5,454 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,926 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
Second opinion] My brother is unable to get a job and can
Second opinion] Hello. My brother is unable to get a job and can not leave the state of CA due to probation. He is about to be homeless on April 24th. I am active duty USMC and I am stationed in Calif… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,926 satisfied customers
My brother has been in the Army National Guard since 2007,
My brother has been in the Army National Guard since 2007, deployed to Iraq and Afghanistan, and has been diagnosed with PTSD by the VA. Can he request an MEB to be considered for medical retirement? … read more
Thelawman2
Thelawman2
Doctoral Degree
1,547 satisfied customers
I am dual military and my husband is currently stationed at
I am dual military and my husband is currently stationed at a different installation and is deployed. He will be pcsing here in June. Are we both forced to live in the barracks anf forfeit bah and be … read more
P. Simmons
P. Simmons
Military Lawyer
37,458 satisfied customers
After failing a random drug test, what options does a Lcpl
After failing a random drug test, what options does a Lcpl in the USMC have? He has been in a little more than 3 years (mos is MP), he recently returned from deployment in Afghanistan & being treated … read more
P. Simmons
P. Simmons
Military Lawyer
37,458 satisfied customers
My son is in the navy. He has been diagnosed with PTSD (post
My son is in the navy. He has been diagnosed with PTSD (post traumatic stress disorder). It was caused by his job and service. He has lost his job title due to this diagnosis. He was a Machinist Mate/… read more
P. Simmons
P. Simmons
Military Lawyer
37,458 satisfied customers
Who should I talk to about receiving a chapter 11 discharge.
Who should I talk to about receiving a chapter 11 discharge. I spent a week in a mental health facility after my depression, that I have had before I joined the army, took a nosedive. I am not yet six… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,454 satisfied customers
I am a active duty marine who has been diagnosed with major
I am a active duty marine who has been diagnosed with major symptoms of PTSD so bad I have to be medicated in order to function. I am currently assigned to recruting duty. They say I have no choice bu… read more
P. Simmons
P. Simmons
Military Lawyer
37,458 satisfied customers
A Major in the Army who is married has an affair with another women and has a child from t
A Major in the Army who is married has an affair with another women and has a child from that woman The Major refuses to pay child support. He has asked for numerous continuances and has been granted … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,454 satisfied customers
My son was advised that he was being discharged from the USMC
My son was advised that he was being discharged from the USMC Reserves for failure to attend 3 drill weekends. He just received his paperwork an dhe received a RE4 discharge code which I feel is exces… read more
P. Simmons
P. Simmons
Military Lawyer
37,458 satisfied customers
I served in the USMC for 6 years. My first enlistment was with
I served in the USMC for 6 years. My first enlistment was with 3/6 where i deployed 2 times and reach the rank of Sergeant at 3 1/2 years of service as an 0311. I never got into any type of trouble wh… read more
P. Simmons
P. Simmons
Military Lawyer
37,458 satisfied customers
My son joined the USMC Reserve Sept 2009, was active duty for
My son joined the USMC Reserve Sept 2009, was active duty for training till May 2010. He made his first Mo. meeting June 2010, July cancelled and made a poor social choice missed Aug meeting. After th… read more
P. Simmons
P. Simmons
Military Lawyer
37,458 satisfied customers
My husband is currently stationed at Fort Gordon, GA. He is
My husband is currently stationed at Fort Gordon, GA. He is in the process of medically retired. He arrived in Fort Gordon in April and was told the MEB. process could take up to 6 months. At one poin… read more
P. Simmons
P. Simmons
Military Lawyer
37,458 satisfied customers
Can an active duty Marine sue the Marine Corps for refusing
Can an active duty Marine sue the Marine Corps for refusing to listen to doctors? I was stationed in a different state and was diagnosed with PTSD and Major depressive disorder. My unit transferred me… read more
P. Simmons
P. Simmons
Military Lawyer
37,458 satisfied customers
I would like to file a claim against the Marine Corps for the
I would like to file a claim against the Marine Corps for the cost of an airline ticket that I purchased in behalf of my stepson who was traveling on PCS orders. Can you please guide me through the pr… read more
P. Simmons
P. Simmons
Military Lawyer
37,458 satisfied customers
MY SON IS A RESERVIST IN THE USMC, HE RECEIVED THE H1N1 VACCINE
MY SON IS A RESERVIST IN THE USMC, HE RECEIVED THE H1N1 VACCINE IN FEBRUARY AND THEN DEVELOPED WEAKNESS ON THE LEFT SIDE OF HIS BODY, HE HAS HAD EXTENSIVE EVALUATION AND IT HAS BEEN DETERMINED THAT HI… read more
P. Simmons
P. Simmons
Military Lawyer
37,458 satisfied customers
My 0311 NCO son was to be released from the USMC tomorrow after
My 0311 NCO son was to be released from the USMC tomorrow after 4 years and two decorated combat tours, and a tramatic combat head injury that the VA will be treating when he arrives home. He and 6 ot… read more
P. Simmons
P. Simmons
Military Lawyer
37,458 satisfied customers
My Husband is being discharged; general-under honorable conditions.
My Husband is being discharged; general-under honorable conditions. The first sgt. is telling him he will be offically out by March 1, 2010. His ETS date is March 14, 2010. We just got back from a yea… read more
JAG Expert
JAG Expert
Military Attorney
Masters of Laws in Military Laws
3 satisfied customers
I was seperated from USMC while on active duty in Viet -nam
I was seperated from USMC while on active duty in Viet -nam with an re-3p re-enlistment. DoD says that seperation is for a physical disability. Just got personnel files today after 37 years. Command P… read more
linehanpc
linehanpc
Attorney
Doctoral Degree
42 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x