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Second opinion] My brother is unable to get a job and can…

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Second opinion] Hello. My...

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 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.

Submitted: 1 month ago.Category: Military Law
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Customer reply replied 1 month ago
I would like to add in that he is 100% dependent on his wife. She is going to leave him on April 24th because that is when the lease on their apartment is up. He cannot take care of himself or provide for him self in any way.
Answered in 9 hours by:
3/19/2018
Military Lawyer: Marsha411JD, Lawyer replied 1 month ago
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,767
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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Hello,

Thank you for the information and your question and I am sorry to read about your brother's situation. Unfortunately, unless a court declared him incompetent, or he is under 22 years of age, Military regulations would not allow you to claim him as a dependent. Plus, if he has a felony, he would very likely be barred from a Federal installation anyway. There are circumstances when servicemembers can claim a parent or younger sibling as a dependent, but the rules just don't stretch this far.

Since your brother is married, he might go to the local Legal Services or Legal Aid office and talk to them about the possibility of getting support from his spouse. Also, if his health is bad enough, he might qualify for SSDI or SSI and can speak to them about that as well. In addition, many communities have programs for employing felons.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

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Military Lawyer: Marsha411JD, Lawyer replied 1 month ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 19th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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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).

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