(1) (Definition) In this chapter, "dependent
child" means a child or legal ward of an officer or non-commissioned
member or an individual adopted legally or in fact by the member who is
single;
in law or in fact in the custody and control of the member;
under 21 years of age, or of any age if prevented from earning a living by reason of mental
or physical infirmity; and
dependent upon the member for support.
(2) (Interpretation of subparagraph (1)(b))
For the purpose of subparagraph (1)(b)
a child is "in law or in fact in the
custody and control of the member" when a court decree or judgment
or separation agreement exists, the terms of which award the custody
of the child to the officer or non-commissioned member, or make no provision
for the child but the child is actually in the custody of the member,
or a court decree or judgment or separation agreement does not exist,
but the child is actually in the custody of the member; and
a child is not "in law or in fact in
the custody and control of the member" when a court decree or judgment
or separation agreement exists, the terms of which award the custody
of the child to the spouse or common-law partner of the member.