Unusual Circumstances – Dependency Overrides

The law governing Federal Student Aid (FSA) programs is based on the premise that the family is the first source of the student’s support. The law provides several criteria that indicate whether a student is considered independent of their parents when determining eligibility for financial aid.

The Petition for Dependency Override allows students to document Unusual Circumstances not explained or reflected on the FAFSA.

Unusual circumstances are conditions that support a change to a student's dependency status based on a unique situation. If a student feels they qualify for a Dependency Override based on Unusual Circumstances, Financial Aid will review their file for consideration.

 

 

Unusual Circumstances include, but are not limited to:

  • Human trafficking, as described in the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.):
  • Legally granted refugee or asylum status:
  • Parental abandonment or estrangement; or
  • Student or parental incarceration.

 

Unusual Circumstances DO NOT include:

  • Parent(s) refusing to contribute to the student’s education.
  • Parent(s) will not provide information for the FAFSA verification.
  • Parent(s) do not claim the student as a dependent for income tax purposes.
  • Student demonstrates total self-sufficiency.

Please be informed that being unable to provide parent data for the FAFSA application, and/or a parents’ refusal to provide support are NOT considered Unusual Circumstances and will not justify a Dependency Override.

 

 

Documentation:

Documentation is critical to the process of Professional Judgement for Unusual Circumstances; the financial aid office is required to collect supporting documentation adequate to substantiate the student’s dependency status. Documentation may include (but is not limited to) the following:

· A documented interview between the student and the financial aid administrator;

· Submission of a court order or official federal or state documentation that the student or student’s parents or legal guardians are incarcerated;

· A documented phone conversation or written statement, which confirms the Unusual Circumstances with:

o A state, county, or tribal welfare agency;

o An independent living case worker who supports current and former foster youth with the tradition to adulthood; or

o A public or private agency, facility, or program servicing the victims of abuse, neglect, assault, or violence.

· A documented phone call or written statement from an attorney, guardian ad litem, a court-appointed special advocate (or similar), or a representative of a TRIO or GEAR UP program which confirms the circumstances and the person’s relationship to the student;

· A documented determination of independence made by a financial aid administrator at another institution in the same or a prior award year; or

· Utility bills, health insurance, or other documents that demonstrate a separation from parents or legal guardians.

 

Process

For this process, financial aid advisors conduct a review that will require the completion of the Petition for Dependency Override with a submission of a Letter of Description, and supportive documentation to determine if adjustments are warranted due to Unusual Circumstances. Adjustments to the dependency status may assist students in becoming eligible for additional financial aid resources.

 

Timing of Determinations of Independence

NMSU financial aid and scholarships office will review all requests for determination of independence as quickly as practicable. Most request will be processed within 7 to 10 business days, please allow additional time for processing during peak times.

 

Requirement to Identify and Resolve Discrepant Information

If any conflicting information concerning a student’s dependency status exists, NMSU financial aid administration is obligated to resolve the discrepancy before any Professional Judgement determinations can be made and before any Title IV funds can be disbursed.

 

Subsequent Years

Any student who has obtained an adjustment for Unusual Circumstances and a final determination of independence, will be considered independent for each subsequent award year at the same institution unless:

  • The student informs NMSU that their circumstances have changed; or
  • NMSU has conflicting information about the student’s independence.

 

Parent Refusal to Provide Information or Support

Remember that students whose parents’ refuse to provide support are NOT considered eligible for a Dependency Override. However, these student’s may be eligible to receive a dependency level Direct Unsubsidized Loan. In order to be eligible for this provision, the following documentation must be provided:

  • Verification of Parent’s Refusal to Provide Support form. This form must be completed and signed by the student and parent.
  • If a parent refuses complete and sign the Verification of Parent’s Refusal to Provide Support form, you will need to provide documentation in the form of a signed and dated statement from a third-party such as a teacher, counselor, cleric, or court; a statement from the student is not sufficient to meet the requirements for a professional judgement consideration.
  • Students who fall into this category must have a FAFSA on file with the NMSU financial aid department.

 

2024-2025 Forms

Below is the link to the Petition for Dependency Override. You must submit the form to your home/currently admitted campus.

Main Campus Form DACC Form Alamogordo Form Grants Form