Dependency Status for State Aid Eligibility
There are 15 dependency questions (asked in three different sections: student personal circumstances, student other circumstances, and student unusual circumstances) on the Free Application for Federal Student Aid (FAFSA) that determine if a student is a dependent student (where parental information is required) or independent (parental information not required) as determined by federal guidelines. HESAA follows the federal guidance for dependency status outlined in Chapter 2 of the Federal Student Aid Handbook, except for the following circumstances:
Emancipated Minor (student personal circumstances)
A student who answers “yes” to this question on the FAFSA will not be considered independent for state aid purposes. The term emancipated minor in family court orders has relevance only as it relates to the computation of certain child custody and child support obligations. Due to this limited application of emancipation, HESAA does not recognize this designation in deeming a student independent based on emancipation, and students will be required to provide parental information.
Legal Guardianship (student personal circumstances)
A student who answers “yes” to this question on the FAFSA must provide acceptable documentation of this status to HESAA. There are some guardianship statuses that are not valid for the purposes of State student financial aid and the student will be required to provide parental information. For example, if the parent retained legal parental rights or was obligated to pay child support while the student was a minor, the student will be required to provide parental information. If a student is unable to provide acceptable guardianship documentation or parental information, he or she should consult with their financial aid administrator at their college. Please note that “legal custody” and “legal guardianship” are not the same designation for either Federal or State aid.
Homeless, Unaccompanied Youth, Self-Supporting and at Risk of being Homeless (student other circumstances)
A student who answers “yes” to this question on the FAFSA must provide acceptable documentation of this status to HESAA. The acceptable documentation includes: verifiable letters from: School district or high school McKinney-Vento liaison, Director or designee of an emergency shelter, Director or designee of a runaway or homeless youth basic center of transitional living program, or Director or designee of a program supported by a federal TRIO or GEAR UP program grant. Letters or documents from other sources are not acceptable to prove homeless, unaccompanied youth, self-supporting and at risk of being homeless.
In addition, a student who answers “yes” to this question and chooses “Financial Aid Administrator (FAA)” or “None of these apply” is not automatically acceptable as independent status, and the student will be required to discuss their situation with an FAA to determine if a dependency override is appropriate for state aid purposes. A student who chooses not to live with their parents is not eligible for a dependency override.
Student Unusual Circumstances
A student who answers yes to this question, is not automatically acceptable as independent status, and the student will be required to discuss their situation with an FAA to determine if a dependency override is appropriate for state aid purposes. A student who chooses not to live with their parents is not eligible for a dependency override.
Dependency Status Override for State Aid Eligibility
If an FAA determines that an override is appropriate, he or she must write a statement detailing the determination and must include the statement and acceptable supporting documentation in the student’s campus file. Additionally, the file must reflect that the change was properly communicated to HESAA.
The override must not be made on the basis of any one (or combination) of the following unusual circumstances:
- parents refusal to contribute to the student’s education;
- parents unwillingness to provide information on the FAFSA or for verification;
- parents do not claim the student as a dependent for income tax purposes;
- student demonstrates self-sufficiency;
- student is not living with parents.
The override must be made on the basis of some other unusual circumstance such as:
- abandonment by parents;
- an abusive family environment that threatens the student’s health or safety;
- student is unable to locate his parents; or
- parents removed from New Jersey by law.
A dependency status override must not be made by an institution to enable a student whose parents live in another state or country to meet the New Jersey residency requirement nor may a dependency status override be made to enable a student whose parent(s) live in another country to not be subject to the U.S. income verification requirement. A student who chooses not to live with their parents is not eligible for an independent override.
Income Verification Requirement: When the parent(s) live outside of New Jersey and verification of parental income and assets cannot be completed because the parents do not file a U.S. Federal Income Tax return or have documented proof of taxable and/or untaxed income received through a U.S. federal or state agency, such as an IRS tax and wage transcript, unemployment, child support, alimony, welfare payments, Social Security benefits, or at least two benefits from any of the following federal programs: Medicaid, SSI, SNAP, TANF, WIC, etc., or receive documented state or federal aid refund, the student cannot be considered for State financial aid. Please note that this includes students whose parents filed a foreign tax return or whose parents were not required to file a foreign tax return and employees of the United Nations whose earnings are exempt from filing U.S. Federal Income Taxes.
Any questions regarding dependency status should be directed to a financial aid administrator at the college you are attending.