37 U.S.C. § 401 — Definitions

submitted 64 years ago by Pub. L. 87-649 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 588 words · no verdicts yet

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This law defines who counts as a military member's 'dependent.' It includes spouses, certain children, parents who rely on the member for support, and some people in the member's legal custody. Each category has its own age, support, or residency rules.

(a) Dependent Defined This section defines "dependent," for a member of the uniformed services, as any of these people: The member's spouse counts as a dependent automatically. An unmarried child counts as a dependent if the child is under 21. A child of any age also counts if a mental or physical disability keeps them from supporting themselves, and the member provides more than half their support. A child under 23 also counts if they are a full-time student at a college the relevant Secretary approves, and the member provides more than half their support. A parent counts as a dependent if the member provides more than half the parent's support, and has done so for a period the relevant Secretary sets — or the parent became dependent due to a change in circumstances after the member went on active duty. The parent's dependency must be shown through a sworn statement, plus any other evidence the regulations require. An unmarried person also counts as a dependent if a U.S., Puerto Rico, or U.S.-possession court gave the member legal custody of that person for at least 12 straight months. That person must also be under 21; or under 23 and a full-time college student; or unable to support themselves due to a disability that began while they were already a dependent under this rule. They must get more than half their support from the member, and must live with the member — unless military duty, disability care, or another Secretary-approved reason keeps them apart. This category does not apply if the person already counts as a dependent under one of the other categories above. (b) Other Definitions For these rules, "child" includes a stepchild — unless the member divorces the stepchild's parent, which ends it. It includes an adopted child, including one already placed in the member's home for an expected adoption. It includes a child born outside marriage, if the member's parentage is proven under the rules. "Parent" means a natural parent, a stepparent, or an adoptive parent of the member. It also means a parent, stepparent, or adoptive parent of the member's spouse. And it includes any other person — even a former stepparent — who acted as a parent to the member for at least five straight years before the member turned 21.

the actual law source: uscode.house.gov ↗public domain

(a)Dependent Defined.—

In this chapter, the term “dependent”, with respect to a member of a uniformed service, means the following persons:

(1)

The spouse of the member.

(2)

An unmarried child of the member who—

(A)

is under 21 years of age;

(B)

is incapable of self-support because of mental or physical incapacity and is in fact dependent on the member for more than one-half of the child’s support; or

(C)

is under 23 years of age, is enrolled in a full-time course of study in an institution of higher education approved by the Secretary concerned for purposes of this subparagraph, and is in fact dependent on the member for more than one-half of the child’s support.

(3)

A parent of the member if—

(A)

the parent is in fact dependent on the member for more than one-half of the parent’s support;

(B)

the parent has been so dependent for a period prescribed by the Secretary concerned or became so dependent due to a change of circumstances arising after the member entered on active duty; and

(C)

the dependency of the parent on the member is determined on the basis of an affidavit submitted by the parent and any other evidence required under regulations prescribed by the Secretary concerned.

(4)

An unmarried person who—

(A)

is placed in the legal custody of the member as a result of an order of a court of competent jurisdiction in the United States (or Puerto Rico or a possession of the United States) for a period of at least 12 consecutive months;

(B)

either—

(i)

has not attained the age of 21;

(ii)

has not attained the age of 23 years and is enrolled in a full time course of study at an institution of higher learning approved by the Secretary concerned; or

(iii)

is incapable of self support because of a mental or physical incapacity that occurred while the person was considered a dependent of the member or former member under this paragraph pursuant to clause (i) or (ii);

(C)

is dependent on the member for over one-half of the person’s support;

(D)

resides with the member unless separated by the necessity of military service or to receive institutional care as a result of disability or incapacitation or under such other circumstances as the Secretary concerned may by regulation prescribe; and

(E)

is not a dependent of a member under any other paragraph.

(b)Other Definitions.—

For purposes of subsection (a):

(1)

The term “child” includes—

(A)

a stepchild of the member (except that such term does not include a stepchild after the divorce of the member from the stepchild’s parent by blood);

(B)

an adopted child of the member, including a child placed in the home of the member by a placement agency (recognized by the Secretary of Defense) in anticipation of the legal adoption of the child by the member; and

(C)

an illegitimate child of the member if the member’s parentage of the child is established in accordance with criteria prescribed in regulations by the Secretary concerned.

(2)

The term “parent” means—

(A)

a natural parent of the member;

(B)

a stepparent of the member;

(C)

a parent of the member by adoption;

(D)

a parent, stepparent, or adopted parent of the spouse of the member; and

(E)

any other person, including a former stepparent, who has stood in loco parentis to the member at any time for a continuous period of at least five years before the member became 21 years of age.

Source credit: (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 469; Pub. L. 93–64, title I, §§ 103, 104, July 9, 1973, 87 Stat. 148; Pub. L. 100–26, § 8(e)(7), Apr. 21, 1987, 101 Stat. 286; Pub. L. 102–190, div. A, title VI, § 621, Dec. 5, 1991, 105 Stat. 1377; Pub. L. 103–160, div. A, title VI, § 631(a), Nov. 30, 1993, 107 Stat. 1683; Pub. L. 103–337, div. A, title VII, § 701(b), Oct. 5, 1994, 108 Stat. 2797.)

history & why it existsrecord from the source credit

1962Enacted · Pub. L. 87-649 · 76 Stat. 469
1973Amended · Pub. L. 93-64 · 87 Stat. 148
1987Amended · Pub. L. 100-26 · 101 Stat. 286
1991Amended · Pub. L. 102-190 · 105 Stat. 1377
1993Amended · Pub. L. 103-160 · 107 Stat. 1683
1994Amended · Pub. L. 103-337 · 108 Stat. 2797

A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-649 on 1962-09-07.

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