Orphan,	Ward	of	the	Court,	or	in	Foster	Care
A	student	who	is	an	orphan	3	both	parents	are	dead	3	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,	in	foster	care	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:
providing	more	than	half	of	the	sibling9s	support.	Therefore,	the	student	won9t	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.
AVG,	Chapter	2,	Example	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	cousin9s	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	can't	indicate	they	have	a	legal	dependent	and	would	only	be	independent	if	they	meet	other
independent	circumstances.
AVG,	Chapter	2,	Example	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	partner9s	total	support	of
$3,700.
AVG,	Chapter	2,	Example	5:	In	April	2025,	a	student	applies	for	aid	for	both	2024-25	and	2025-26	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	parent9s	support,	the
months	of	support	for	March	through	June	2025	(the	end	of	the	2024-25	award	year)	would	not	be	more	than	50%
for	2024-25	award	year.	Therefore,	the	student	cannot	claim	their	parent	as	a	legal	dependent	on	their	2024-25
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	2024-25.	However,	because	the	two	plan	to	live	together	and	the	student
plans	to	provide	more	than	50%	support	at	least	through	June	2026,	the	student	can	count	the	parent	as	a
dependent	for	2025-26.
AVG,	Chapter	2,	Example	6:	A	student	lives	alone	with	their	infant	child.	The	infant	child9s	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	child9s	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	child9s	support.
AVG,	Chapter	2,	Example	7:	A	student	lives	alone	with	their	infant	child.	The	child9s	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	child9s	support.	If	the	student	is	not	otherwise	independent,	the	student	will	need	to	provide	parent
information	on	the	FAFSA	form.	If	the	child9s	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	child9s	support.
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