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Death of Custodial Parent
Normally, if one of a student's parents dies, the student should
include only the income of the surviving parent. (See Section
475(f)(2) of the Higher Education Act.) This is the case even if the
student's parents were divorced, the custodial parent remarried and
the student continues to live with and be supported by the
stepparent. (If the stepparent adopted the student, of course, the
stepparent counts as the surviving parent, as the adoption usually
terminates the parental rights and obligations of the non-custodial
parent.) This is also the case even if the student's parents were
divorced, the custodial parent died, and the student lives with
someone other than the non-custodial parent (say, with the parents of
a friend).
However, many financial aid administrators will make an adjustment if
the student has not had any meaningful contact with or support from
the surviving non-custodial parent for at least one year, or there is
evidence of an estranged or abusive relationship with the
non-custodial parent. Usually the adjustment consists of a dependency
override, with the inclusion of the support from the stepparent on
Worksheet B. Some financial aid administrators will substitute the
stepparent for the non-custodial parent, but that is much less common
and more of a stretch. (Unless the stepparent has adopted the child,
guidance from the US Department of Education clearly indicates that
the stepparent cannot count in place of a parent. For example, Chapter
2 of the Verification Guide states "However, a stepparent cannot be
the sole parent for determining dependency status. If the biological
parent dies, the student is still a dependent of the remaining
biological parent, not the stepparent.")
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