Active Duty: Claiming Mother-In-Law As Dependent

Active duty members can claim their mother-in-law as a dependent, but certain criteria must be met. The active duty member must provide over 50% of their mother-in-law's living expenses and the relative must meet the gross income test, which means their gross income must be less than a certain amount. The process for claiming a secondary dependent also differs by branch of the military, but generally involves filling out the Secondary Dependency Application (DD Form 137) or providing a copy of the prior year's tax return. There are many benefits for dependents of active duty members, including financial benefits, healthcare, and education.

Can active duty member claim mother-in-law as dependent?

Active duty members can claim benefits for their mother-in-law

Active duty members can claim their mother-in-law as a dependent and receive benefits. A dependent is defined as a family member who relies on an active-duty service member or veteran financially and meets certain criteria. To be claimed as a dependent, the mother-in-law must meet the gross income test, which means having gross income subject to tax that is less than a certain amount. For the 2023 tax year, this amount is $4,700, and for 2024, it increases to $5,050. Additionally, the active-duty service member must provide more than half of the individual's total support for the year.

The process for claiming a secondary dependent varies by branch. Previously, it involved filling out the Secondary Dependency Application (DD Form 137) and the Worksheet for Determining Financial Support. However, the Defense Finance and Accounting Service (DFAS) has recently simplified the process by allowing individuals to provide a copy of the prior year's tax return, showing the claimed individual as a dependent.

Active-duty members who claim their mother-in-law as a dependent may be eligible for various benefits. These benefits can include increased Basic Allowance for Housing (BAH), a Uniformed Services Identification and Privileges (USIP) card, travel allowances, morale, welfare, and recreation privileges, and access to military commissaries and exchanges. Secondary dependents may also be eligible for primary medical care at military treatment facilities under TRICARE Plus.

It is important to note that secondary dependents who receive ID cards must undergo a redetermination process every four years. Annual redetermination is required for those claiming BAH. If support drops below 50% or there is a change in status, it should be reported immediately to avoid the suspension of benefits and potential debt.

To qualify, the mother-in-law must be a dependent

To qualify as a dependent, your mother-in-law must meet the criteria of a secondary dependent. A secondary dependent is typically defined as someone other than a spouse or a dependent under the age of 21. This could include parents, parents-in-law, or stepparents. To be considered a dependent, your mother-in-law must meet specific financial criteria. Firstly, she must live with you for the entire year as a member of your household. Additionally, she must have a gross income of less than $4,700 for the 2023 tax year or $5,050 for the 2024 tax year. Most importantly, you, as the active-duty member, must provide more than 50% of her financial support for the year.

The process of claiming a secondary dependent varies across different branches. Typically, it involves completing the Secondary Dependency Application (DD Form 137) along with the Worksheet for Determining Financial Support. This worksheet is essential to demonstrate that you are providing more than half of your mother-in-law's financial support. However, the Defense Finance and Accounting Service (DFAS) has recently introduced a simpler alternative. Instead of the worksheet, you can provide a copy of your previous year's tax return, which lists your mother-in-law as your dependent.

It is important to note that secondary dependents who receive ID cards are subject to a redetermination process every four years. Annual redetermination is also necessary for those claiming BAH. If support falls below 50% or there are any changes in status, it must be reported immediately to avoid the suspension of benefits and potential debt.

By meeting the criteria and following the necessary procedures, your mother-in-law can qualify as your dependent, allowing you to access the associated benefits.

Dependents must rely on the service member financially

Active duty and reserve personnel, National Guard members, and uniformed services retirees sometimes need to support family members other than a spouse or a dependent under the age of 21. If a service member provides over 50% of a claimed individual's living expenses, they may be able to claim that person as a "secondary dependent." The criteria for claiming someone as a dependent vary depending on the branch of the military, but generally, the service member must demonstrate that they provide more than half of the claimed individual's financial support.

For example, the Defense Finance and Accounting Service (DFAS) previously required service members to fill out the Secondary Dependency Application (DD Form 137), which included a Worksheet for Determining Financial Support. However, the DFAS has recently updated its policies to allow service members to provide a copy of the prior year's tax return, showing the claimed individual as a dependent. This simplifies the process of proving financial dependency.

It is important to note that secondary dependents must undergo a redetermination process every four years, and annual redetermination is required for those claiming Basic Allowance for Housing (BAH). If support drops below 50% or there is a change in status, it should be reported immediately to avoid the suspension of benefits and potential debt.

In terms of benefits, secondary dependents may be eligible for an increased Basic Allowance for Housing (BAH), a Uniformed Services Identification and Privileges (USIP) card, travel allowances, morale, welfare, and recreation privileges, and access to military treatment facilities, including prescription services. These benefits can provide significant support to the dependent and enhance their overall well-being.

In summary, for an active-duty member to claim their mother-in-law as a dependent, they must demonstrate financial support by providing over 50% of her living expenses. This can be done through the appropriate forms or by providing tax returns showing the claimed individual as a dependent. By doing so, the active-duty member can access various benefits designed to support the well-being of their mother-in-law as their secondary dependent.

The service member must provide over 50% of living expenses

A mother-in-law can be claimed as a dependent by an active duty service member if the service member provides over 50% of their living expenses. This is known as a "secondary dependent". The process for claiming a secondary dependent differs depending on the branch of the military, but generally involves filling out a Secondary Dependency Application (DD Form 137), which includes a Worksheet for Determining Financial Support. This worksheet demonstrates that the service member provides more than half of the claimed individual's support.

Recently, the Defense Finance and Accounting Service (DFAS) has updated its policies to offer a simpler second option for proving financial dependency: providing a copy of the prior year's tax return showing the claimed individual as a dependent. This can be done instead of filling out the more complicated Worksheet for Determining Financial Support.

To be considered a secondary dependent, the mother-in-law must also meet the gross income test. This means that her gross income subject to tax must be less than a certain amount, which is $4,700 for the 2023 tax year and $5,050 for the 2024 tax year.

It is important to note that secondary dependents who receive ID cards must go through a redetermination process every four years, and annual redetermination is required for those claiming BAH. If support drops below 50% or there is a change in status, it should be reported immediately.

Dependents can receive healthcare and educational benefits

As a family member of a veteran, you may be eligible for VA education benefits and job training. If you are the child or spouse of a veteran or service member who has died, is captured or missing, or has disabilities, you may be able to get help with paying for school or job training. This is known as the Survivors' and Dependents' Educational Assistance (DEA) program, or Chapter 35. The DEA program can also help cover expenses while you train for a job.

If you are the spouse or child of a veteran who has died, is missing, or has a permanent and total service-connected disability, you may be eligible for the Fry Scholarship. This scholarship provides money for tuition, housing, books, and supplies.

If you are the surviving spouse, child, or parent of a veteran, you may be eligible for VA Dependency and Indemnity Compensation (VA DIC). This is a tax-free monetary benefit. If you are the surviving spouse or unmarried dependent child of a veteran with wartime service, you may be eligible for a VA Survivors Pension. The surviving spouse of a veteran may also be eligible for a VA-backed home loan.

Dependents of veterans can also receive healthcare benefits. The Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) is for the spouses, dependents, and survivors of veterans who meet certain service-connected disability requirements. Benefits may include a financial stipend, access to health insurance, mental health counseling, caregiver training, and respite care. If you are enrolled in CHAMPVA, you may be eligible for discounted private dental insurance. If your family lived at Camp Lejeune or Marine Corps Air Station (MCAS) New River, North Carolina, you may be eligible for reimbursement of certain healthcare costs.

If you are the child of a veteran who served in Vietnam, Thailand, or in or near the Korean Demilitarized Zone (DMZ) and you have spina bifida, you may be eligible for VA benefits. If your biological mother served in Vietnam and you have certain birth defects, you may be able to receive compensation, healthcare, and job training benefits.

The Defense Department's TRICARE health care program is available to family members or survivors of active-duty or retired service members. If you are a secondary dependent, you may be eligible to receive primary medical care at a nearby military treatment facility under TRICARE Plus.

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