A Student is determined to be “Independent” if they meet the following criteria:
- Older than 24 years of age
- Married
- Have a spouse/child or other that you support 51% or more during the current award year of July 1 – June 30th
In unusual circumstances, an aid administrator can determine that a student who doesn’t meet any of the criteria listed above should still be treated as an independent student. A student may indicate that they have an unusual circumstance by selecting “Yes” to Question 7 on the FAFSA form. The student may then skip the parent sections of the form. Students who select “Yes” to this question will be given provisional independent student status and directed to provide documentation to their financial aid office for determination.
Active duty in the U.S. Armed Forces
Persons on active duty in the U.S. armed forces (the Army, Navy, Air Force, Marines, Space Force, or Coast Guard) for purposes other than training are independent.
Veteran of the U.S. Armed Forces
The FAFSA Simplification Act aligns the definition of veteran with the definition used by the U.S. Department of Veteran Affairs (VA) to determine veterans’ benefits. The Act cites Title 38 of the U.S. Code for the definition of a veteran. Generally, a veteran is an individual who:
- Served on active duty in the U.S. armed forces (the Army, Navy, Air Force, Marines, Space Force, or Coast Guard) for other than training and who was discharged or released under a condition other than “dishonorable”; or
- Served on active duty for training or inactive duty for training in the U.S. armed forces and was disabled from injury incurred or aggravated in the line of duty.
Members of the National Guard or Reserves are only considered veterans if they were called up to active federal duty by presidential order for a purpose other than training. It does not matter how long the active duty lasted or if the student returned to reserve status afterward, but, as with the other qualifying veterans, the student must have had a character of service that was not “dishonorable.”
The FAFSA form also tells students to answer “Yes” to the question about veteran status if they aren’t yet a veteran but will be by June 30, 2025.
Students serving in ROTC or currently attending a U.S. military academy are not veterans. Additionally, students who attended a U.S. military academy or military academy preparatory school but were discharged prior to commission (commonly known as “early exit cadets”) are not veterans.
Veteran Definition
If a student indicates they are a veteran in Question 5, the FPS performs a match with VA records to confirm that status. The VA sends the result back, which appears as a match flag in the FAA Information section of the output document. For VA Match Flags 2, 3, and 4 (listed below), a comment and a C flag will appear on the FAFA Submission Summary only if veteran status is the sole reason that the student would be independent. See Volume 7 of the 2024-25 FAFSA Specifications Guide for additional details.
- VA Match Flag 1: Confirmed – There won’t be any comments on the output document if the VA confirms that the student is a veteran.
- VA Match Flag 2: Not a Qualifying Veteran – A student will receive this flag if the VA database indicates they are not a veteran.
- VA Match Flag 3: Not found by VA – A student will receive this flag if the student is not in the VA database.
- VA Match Flag 4: Active Duty – If the student is currently on active duty, they are not a veteran yet. However, if their active duty will end by June 30, 2025, they count as a veteran for purposes of determining dependency status. Because the student should have answered “Yes” to the active-duty question, they would be independent by that criterion and wouldn’t have to resolve this situation.
A student who receives a VA Match Flag of 2 or 3 and is independent for reasons other than being a veteran can receive aid as an independent student without resolving the problem with their veteran status, although the student should have the VA correct its database if it has incorrect information. If the student is not independent for reasons other than being a veteran, the student must either resolve the problem with their veteran status or correct their FAFSA form.
If the student is a veteran, they should correct any problem with the VA or provide documentation showing they are a veteran, or will be one by June 30, 2025. Students should provide the financial aid office at their school a copy of their DD214 (the Certificate of Release or Discharge from active duty, with “Character of Service” as anything but “dishonorable”). If it shows that the student is a veteran, they can receive aid as an independent student. If a National Guardsman or a reservist who served on active duty (for other than training) did not receive a DD214 but can obtain a letter from a superior officer that documents the call-up to active duty and that classifies the character of service as anything but “dishonorable,” the student will be considered a veteran for FSA purposes. If the VA match problem is due to an error in the VA’s database, the student should contact the VA and correct the error. A subsequent transaction will then redo the match with the VA.
If the student is not a veteran and will not be one by June 30, 2025, they must correct their answer to Question 5 and invite at least one parent to contribute to their FAFSA form.
Children and Legal Dependents
Students who have legal dependents are independent. Legal dependents include children or other people (except a spouse) who meet all the following criteria:
- They live with the student (or, in the case of children, live apart from the student due to a qualifying temporary absence under IRS code, such as living apart due to college enrollment).
- They currently receive more than half of their support from the student.
- They will continue to receive more than half of their support from the student between July 1, 2024, and June 30, 2025
If one or both student’s parents are directly or indirectly providing more than 50% support in cash or other assistance to the student’s child, then the student could not claim to have a legal dependent who receives more than half of their support from the student. “Indirect support” includes support that a parent gives to the student on behalf of the child. If the student is living with a parent who is paying for most of the household expenses, the parent would usually be considered the primary source of support to the student’s child, and the student should not indicate they have legal dependents. However, there may be some cases where the student can demonstrate that they provide more than half of their child’s support even while living at home with their parents, in which case the student could indicate they have legal dependents.
If the student receives money or other support for the legal dependent from sources other than their parents, the student may count it as part of their support to the child. Sources include government programs, such as Temporary Assistance for Needy Families (TANF) and Supplemental Nutrition Assistance Program (SNAP), that provide benefits for dependent children. So, a student may be considered independent when the benefit they receive is the primary support for the child. However, child support received from a noncustodial parent cannot be counted as part of the student’s support to the child.
When a student completes a FAFSA form after the award year has begun and indicates they have a legal dependent who is not the student’s child, the support already given by the student during the award year plus the future support for the remainder of the award year must total more than 50% for the whole award year for the individual to meet the definition of a legal dependent.
Legal dependent examples
1: A student and their disabled sibling currently live together. The sibling receives a small disability payment each month, but the student provides more than 50% support for the sibling and expects to continue to do so through the award year. The sibling is considered a dependent of the student and can be included in the student’s family size on the FAFSA form. The student is also an independent student due to having a legal dependent.
2: The same student and disabled sibling currently live together and expect to continue to do so through the award year. The sibling receives a small disability payment AND a pension payment each month. The combination of the pension and the disability payment will be enough that the student won’t be providing more than half of the sibling’s support. Therefore, the student won’t be able to include the sibling in their family size. Additionally, the student may or may not be independent, depending on their responses to other dependency questions.
3: A student is appointed legal guardian of their minor cousin, who lives with the student. The cousin receives Social Security benefits, which are paid to the student since the cousin is a minor. These benefits provide more than half of the cousin’s support. Because the cousin lives with and is supported by the student (through the Social Security benefits) throughout the award year, the student indicates they have a legal dependent on the FAFSA form and is an independent student. However, if the cousin did not live with the student, the student would not be able indicate they have a legal dependent and would only be independent if they meet other independent circumstances.
4: A student and their partner live together but are not married. The student pays $1,500 per month to support their partner. The partner also has earned income of $2,000 per month and receives $200 per month from their parents. The partner uses all of this for their support. The student cannot consider their partner a legal dependent since the $1,500 they provide is not more than half of the partner’s total support of $3,700.
5: In April 2024, a student applies for aid for both 2023-24 and 2024-25 award years. One month prior to that, their parent moved in with the student. The parent is undocumented and does not work or qualify to receive other federal benefits. Even though the student provides all their parent’s support, the months of support for March through June 2024 (the end of the award year) would not be more than 50% for 2023-24 award year. Therefore, the student cannot claim their parent as a legal dependent on their 2023-24 FAFSA form. If the parent had moved in before the midpoint of the year, the student would have been able to count the parent as a dependent for 2023-24. However, because the two plan to live together and the student plans to provide more than 50% support at least through June 2025, the student can count the parent as a dependent for 2024-25.
6: A student lives alone with their infant child. The infant child’s other parent pays $200 per month in child support to the student. The student also receives the equivalent of $500 per month from government assistance programs for the child. The student provides the remainder of the child’s support through part-time work. The student can consider the child a legal dependent as they live together and the student provides more than 50% of the child’s support.
7: A student lives alone with their infant child. The child’s other parent shares custody of the child and pays $1,000 per month in child support to the student. The student receives the equivalent of $500 per month from government assistance programs for the child. The student does not work and relies on the child support and government assistance to support the child. The student cannot consider the child a legal dependent, even though the child lives with the student, because the student does not provide more than 50% of the child’s support. If the student is not otherwise independent, the student will need to provide parent information on the FAFSA form. If the child’s other parent is also a student, they could consider the child a legal dependent on their FAFSA form if the child lived with them and they provide more than 50% of the child’s support.
Orphan, Foster Child, or Ward of the Court
A student who is an orphan – both parents are dead – when 13 or older is independent even if the student has subsequently been adopted. Likewise, a student who was, at any time since the age of 13, a foster child or a ward of the court is independent even if their status changed later.
A student is a ward of the court if a court has assumed legal custody of the student. In some states the court may impose its authority over a juvenile who remains in the legal custody of their parents; such a student is not a ward of the court. Also, incarceration of a student does not qualify the student as a ward of the court. In some states the phrase “ward of the state” is used; if it is not due to incarceration, this is considered the same as a ward of the court for dependency status.
If an institution requires that a student provide documentation that they were in foster care at age 13 or older, you must consider any of the following documentation to be adequate:
- Submission of a court order or official state documentation that the student received federal or state support in foster care.
- A documented phone call, written statement, or verifiable electronic data match from
- a state, county, or tribal agency administering a program under part B or E of Title IV of the Social Security Act (42 U.S.C. 621 et seq. and 670 et seq.);
- a state Medicaid agency; or
- a public or private foster care placing agency or foster care facility or placement.
- A documented phone call or a written statement from an attorney, guardian ad litem, or Court Appointed Special Advocate.
- Verification of the student’s eligibility for an education and training voucher under the John H. Chafee Foster Care Program under section 477 of the Social Security Act (42 U.S.C. 677).
- A documented phone call or written statement from a financial aid administrator who documented the student’s circumstance in the same or a prior award year.
Emancipation and Legal Guardianship
Students are independent if they are, or were upon reaching the age of majority, emancipated minors (released from control of their parent or guardian) or in legal guardianship, both as adjudicated by a court of competent jurisdiction in their state of legal residence at the time of the adjudication. The emancipation must be determined by a court, not by an attorney, though the basis for it can vary by state.
Students placed in legal guardianship to their parents—e.g., if they are disabled adults and under their parents’ care—are not independent for Title IV program purposes. Similarly, guardianship of a person’s estate does not qualify as a legal guardianship of the student for this purpose. If the student’s documentation says “custody” instead of “guardianship,” they should contact you for additional guidance. Most states have a clear definition of legal guardianship that is distinct from custody, but if a given state does not, ask your school’s legal counsel for help with this question.
Unaccompanied Homeless Youth
A student is independent if, at any time on or after July 1, 2023, the student is determined to be an unaccompanied youth who is homeless or is self-supporting and at risk of being homeless. In determining independence due to homelessness, we will consider documentation from any of the following entities—provided through a documented phone call, written statement, or verifiable electronic data match—to be adequate:
- A local educational agency homeless liaison (or designee), as designated by the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)).
- The director (or designee) of an emergency or transitional shelter, street outreach program, homeless youth drop-in center serving individuals who are experiencing homelessness.
- The director (or designee) of a Federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate program (GEAR UP) grant.
- A financial aid administrator at another institution who documented the student’s circumstance in the same or a prior award year.
In the absence of a determination by the entities above, SJDC Financial Aid Office, must make a case-by-case determination of homeless youth status based upon a written statement from, or a documented interview with, the student that confirms that they are an unaccompanied homeless youth, or unaccompanied, at risk of homelessness, and self-supporting.