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Return to Professional Judgment |
Dependency Overrides
Financial aid administrators have the authority,
through
Section 480(d)(7) of the Higher Education Act,
to change a student's status from dependent to independent in cases
involving unusual circumstances. Nationwide, approximately 2% of
undergraduate students become independent through such dependency
overrides. An analysis of the 2007-08 National Postsecondary Student
Aid Study (NPSAS) suggests that only 0.5% of undergraduate students
(0.9% of undergraduate students under age 24 as of December 31 of the
award year) are independent because of a dependency override.
The US Department of Education has given guidance regarding situations
that do and do not qualify as unusual circumstances that merit a dependency
override. (See Dear Colleague Letter GEN-03-07
and Dear Colleague Letter GEN-11-15.)
In particular, the following circumstances do not merit a dependency
override, either alone or in combination:
Note that all of these circumstances are largely discretionary in
nature. A student cannot become independent just because the parents
are unwilling to help pay for the student's college education.
Although these circumstances are not sufficient for a dependency
override, they do not preclude it. Sometimes there are additional
circumstances that occur in conjunction with these circumstances that
do merit a dependency override. These can include the following:
Abandonment is the failure of the parent to provide financial support
or to communicate with the child for a long time, generally understood
to be a year or more. In custody cases this is a prerequisite for a
court to deem the child abandoned by the parent and to order the
parent's parental rights terminated. Abandonment can also refer to
physical abandonment, where the child is left on a doorstep or delivered
to a hospital. So there are two key elements to the definition of
abandonment: (1) no contact for at least a year, and (2) no support
for at least a year. (Note that if a parent abandons a
child and later reenters the child's life, the courts would be
very slow to restore parental rights, if at all. So if a student has
had no contact with a parent for most of the student's life, recent
attempts to reconcile do not prevent a dependency override on the
grounds of abandonment.)
An abusive family environment is often difficult to detect,
especially if the abuse is more emotional than physical.
Signs of an abusive family environment include the following:
Emotional abuse is more difficult to spot, because there aren't overt
physical signs. Some of the subtle signs include:
Occasionally a student will have been kicked out of the house upon
reaching the age of majority. This is not uncommon when the student's
parents are divorced and the student has an estranged relationship
with the stepparent and the non-custodial parent is unwilling or
unable to take in the student. Although the student's self sufficiency
is insufficient grounds for a dependency override, the financial aid
administrator may be able to make a case for a dependency override on
the grounds of abandonment. So when a family asks for a dependency
override and mentions only the four prohibited conditions, dig deeper,
as there may be unusual circumstances that do merit a dependency override.
Dependency overrides occur in one direction, from dependent to
independent. Because of the way section 480(d)(7) of the Higher
Education Act is written, financial aid administrators may not
change a student from independent to dependent. (They can, however,
cancel a dependency override approved by a different school, as a
professional judgment decision at one school is not binding at
another.)
Note that a student who qualifies as independent under
section 480(d) of the Higher Education Act
does not need to be self
sufficient. For example, a student who is 24 years old or married
still counts as independent even if he lives at home with his parents.
This is true even if the student is receiving more than half his
support from his parents. (The only exception is for a student who is
independent only because of a child. Such a student must provide more
than half the support of the child and continue to do so throughout
the award year in order to be independent. If the student is not
providing more than half his own support, the student cannot count as
providing more than half the child's support.)
Similarly, a student is not required to be self-supporting for the
financial aid administrator to perform a dependency override.
Cash support
from people other than the student's parents
should be reported as untaxed income on Worksheet B. (Cash support
includes amounts paid by other people for bills in the student's
name. If the bills are not in the student's name, the student has no
legal responsibility to pay the bills and so the payments represent
in-kind support and not cash support. For example, rent payments do
not count as cash support unless the student's name appears on the
lease. In-kind support is not reported on the FAFSA.)
Financial aid administrators may use professional judgment
to include financial support received from the student's parents and
in-kind support from the parents and other people as untaxed income on
Worksheets A and B.
A student acting as a legal guardian or foster parent to a child is
not independent, since the student is not considered the child's parent.
Occasionally a financial aid administrator will encounter a student
who is enrolling during the spring semester and who will be 24 years
old during that semester, but was 23 years old as of December
31. Such a student is not automatically independent. It is
inappropriate to perform a dependency override for such students
absent of any other unusual circumstances, as section 480(d)(1) of the
Higher Education Act is quite clear. It is likewise inappropriate to
perform dependency overrides for students who are close to qualifying
as independent, such as students born on January 1.
The old "Bright-Line Test" for self-sufficiency was repealed in
1992, in part because it was prone to manipulation and abuse. This
test considered a student to be independent if the student
was totally self-sufficient, had not been claimed as an exemption on
an income tax return and demonstrated total non-parental resources
of at least $4,000 per year for two calendar years preceding the award
year. It is inappropriate to use this definition for dependency
override decisions, as self-sufficiency is no longer sufficient
grounds for a dependency override, per DCL
GEN-03-07.
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