Legal Question in Family Law in New York

age of independence for college funding

Our daughter (17) is enrolled in college, & no longer lives w/us. We will not be claiming her for taxes as of 2006.

At what age is she considered ''independent'' to apply for student loans, grants, etc. w/o our income being a factor. Does she have to become ''emancipated'' to qualify / be considered by herself?

We do not have the money to fund her education, but we ''make'' too much money for her to qualify for anything.


Asked on 2/23/06, 10:30 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: age of independence for college funding

It is unlikely your 17 year old daughter will be considered financially "independent" for college financial aid purposes, nothwithstanding your election not to claim her on your current tax returns.

In addition, even if a Court were to declare her "emancipated" (which is unlikly), federal and state college benefit programs adhere to their own rules respecting the income and resources they must consider in accessing financial aid for a student. Thus, the school and the government programs will probably include or impute, a portion your income and resources as available to support your daughter.

Suggest: that your daughter explain to a college financial aid counselor, her and your particular circumstances, both personal and financial, and request suggestions and guidance, as to how she might proceed.

Both you and her father should be prepared to fully cooperate, disclose and exchange info, with your daughter and her College financial aid officer.

Good luck,

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Answered on 2/24/06, 7:28 am


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