For each dependent student, the expected family contribution is equal to the sum of-
The parents' contribution from adjusted available income is equal to the amount determined by-
except that the amount determined under this subsection shall not be less than zero.
The parents' available income is determined by deducting from total income (as defined in section 1087vv of this title)-
The allowance for State and other taxes is equal to an amount determined by multiplying total income (as defined in section 1087vv of this title) by a percentage determined according to the following table (or a successor table prescribed by the Secretary under section 1087rr of this title):
Percentages for Computation of State and Other Tax Allowance | ||
If parents' State or territory of residence is- | And parents' total income is- | |
less than $15,000 or | $15,000 or more | |
(1)then the percentage is- | ||
Alaska, Puerto Rico, Wyoming | 3 | 2 |
American Samoa, Guam, Louisiana, Nevada, Texas, Trust Territory, Virgin Islands | 4 | 3 |
Florida, South Dakota, Tennessee, New Mexico | 5 | 4 |
North Dakota, Washington | 6 | 5 |
Alabama, Arizona, Arkansas, Indiana, Mississippi, Missouri, Montana, New Hampshire, Oklahoma, West Virginia | 7 | 6 |
Colorado, Connecticut, Georgia, Illinois, Kansas, Kentucky | 8 | 7 |
California, Delaware, Idaho, Iowa, Nebraska, North Carolina, Ohio, Pennsylvania, South Carolina, Utah, Vermont, Virginia, Canada, Mexico | 9 | 8 |
Maine, New Jersey | 10 | 9 |
District of Columbia, Hawaii, Maryland, Massachusetts, Oregon, Rhode Island | 11 | 10 |
Michigan, Minnesota | 12 | 11 |
Wisconsin | 13 | 12 |
New York | 14 | 13 |
Other | 9 | 8 |
The allowance for social security taxes is equal to the amount earned by each parent multiplied by the social security withholding rate appropriate to the tax year of the earnings, up to the maximum statutory social security tax withholding amount for that same tax year.
The income protection allowance is determined by the following table (or a successor table prescribed by the Secretary under section 1087rr of this title):
Income Protection Allowance | ||||||
Family Size | Number in College | |||||
(including student) | 1 | 2 | 3 | 4 | 5 | For each additional subtract: |
2 | $10,520 | $8,720 | $1,790 | |||
3 | 13,100 | 11,310 | $9,510 | |||
4 | 16,180 | 14,380 | 12,590 | $10,790 | ||
5 | 19,090 | 17,290 | 15,500 | 13,700 | $11,910 | |
6 | 22,330 | 20,530 | 18,740 | 16,940 | 15,150 | |
For each additional add: | 2,520 | 2,520 | 2,520 | 2,520 | 2,520 |
The employment expense allowance is determined as follows (or using a successor provision prescribed by the Secretary under section 1087rr of this title):
The parents' contribution from assets is equal to-
The parental net worth is calculated by adding-
Adjusted Net Worth of a Business or Farm | |
If the net worth of a business or farm is- | Then the adjusted net worth is: |
Less than $1 | $0 |
$1-$75,000 | 40 percent of NW |
$75,001-$225,000 | $30,000 plus 50 percent of NW over $75,000 |
$225,001-$375,000 | $105,000 plus 60 percent of NW over $225,000 |
$375,001 or more | $195,000 plus 100 percent of NW over $375,000 |
The education savings and asset protection allowance is calculated according to the following table (or a successor table prescribed by the Secretary under section 1087rr of this title):
Education Savings and Asset Protection Allowances for Families and Students | ||
If the age of the oldest parent is- | And there are | |
two parents | one parent | |
(1)then the allowance is- | ________________________ | |
25 or less | $ 0 | $0 |
26 | 2,200 | 1,600 |
27 | 4,300 | 3,200 |
28 | 6,500 | 4,700 |
29 | 8,600 | 6,300 |
30 | 10,800 | 7,900 |
31 | 13,000 | 9,500 |
32 | 15,100 | 11,100 |
33 | 17,300 | 12,600 |
34 | 19,400 | 14,200 |
35 | 21,600 | 15,800 |
36 | 23,800 | 17,400 |
37 | 25,900 | 19,000 |
38 | 28,100 | 20,500 |
39 | 30,200 | 22,100 |
40 | 32,400 | 23,700 |
41 | 33,300 | 24,100 |
42 | 34,100 | 24,700 |
43 | 35,000 | 25,200 |
44 | 35,700 | 25,800 |
45 | 36,600 | 26,300 |
46 | 37,600 | 26,900 |
47 | 38,800 | 27,600 |
48 | 39,800 | 28,200 |
49 | 40,800 | 28,800 |
50 | 41,800 | 29,500 |
51 | 43,200 | 30,200 |
52 | 44,300 | 31,100 |
53 | 45,700 | 31,800 |
54 | 47,100 | 32,600 |
55 | 48,300 | 33,400 |
56 | 49,800 | 34,400 |
57 | 51,300 | 35,200 |
58 | 52,900 | 36,200 |
59 | 54,800 | 37,200 |
60 | 56,500 | 38,100 |
61 | 58,500 | 39,200 |
62 | 60,300 | 40,300 |
63 | 62,400 | 41,500 |
64 | 64,600 | 42,800 |
65 or more | 66,800 | 44,000 |
The asset conversion rate is 12 percent.
The adjusted available income (as determined under subsection (b)(1) and hereafter in this subsection referred to as "AAI") is assessed according to the following table (or a successor table prescribed by the Secretary under section 1087rr of this title):
Parents' Assessment From Adjusted Available Income (AAI) | |
If AAI is- | Then the assessment is- |
Less than -$3,409 | -$750 |
-$3,409 to $9,400 | 22% of AAI |
$9,401 to $11,800 | $2,068 + 25% of AAI over $9,400 |
$11,801 to $14,200 | $2,668 + 29% of AAI over $11,800 |
$14,201 to $16,600 | $3,364 + 34% of AAI over $14,200 |
$16,601 to $19,000 | $4,180 + 40% of AAI over $16,600 |
$19,001 or more | $5,140 + 47% of AAI over $19,000 |
Parental income and assets for a student whose parents are divorced or separated is determined under the following procedures:
Parental income and assets in the case of the death of any parent is determined as follows:
If a parent whose income and assets are taken into account under paragraph (1) of this subsection, or if a parent who is a widow or widower and whose income is taken into account under paragraph (2) of this subsection, has remarried, the income of that parent's spouse shall be included in determining the parent's adjusted available income only if-
The student contribution from available income is equal to-
except that the amount determined under this subsection shall not be less than zero.
The adjustment to student income is equal to the sum of-
The allowance for State and other income taxes is equal to an amount determined by multiplying total income (as defined in section 1087vv of this title) by a percentage determined according to the following table (or a successor table prescribed by the Secretary under section 1087rr of this title):
Percentages for Computation of State and Other Tax Allowance | |
If the students' State or territory of residence is- | The percentage is- |
Alaska, American Samoa, Florida, Guam, Nevada, South Dakota, Tennessee, Texas, Trust Territory, Virgin Islands, Washington, Wyoming | 0 |
Connecticut, Louisiana, Puerto Rico | 1 |
Arizona, New Hampshire, New Mexico, North Dakota | 2 |
Alabama, Colorado, Illinois, Indiana, Kansas, Mississippi, Missouri, Montana, Nebraska, New Jersey, Oklahoma | 3 |
Arkansas, Georgia, Iowa, Kentucky, Maine, Pennsylvania, Utah, Vermont, Virginia, West Virginia, Canada, Mexico | 4 |
California, Idaho, Massachusetts, North Carolina, Ohio, Rhode Island, South Carolina | 5 |
Hawaii, Maryland, Michigan, Wisconsin | 6 |
Delaware, District of Columbia, Minnesota, Oregon | 7 |
New York | 8 |
Other | 4 |
The allowance for social security taxes is equal to the amount earned by the student multiplied by the social security withholding rate appropriate to the tax year of the earnings, up to the maximum statutory social security tax withholding amount for that same tax year.
The student's available income (determined in accordance with paragraph (1) of this subsection) is assessed at 50 percent.
The allowance for parents' negative available income is the amount, if any, by which the sum of the amounts deducted under subparagraphs (A) through (F) of subsection (c)(1) exceeds the sum of the parents' total income (as defined in section 1087vv of this title) and the parents' contribution from assets (as determined in accordance with subsection (d)).
The student contribution from assets is determined by calculating the net assets of the student and multiplying such amount by 20 percent, except that the result shall not be less than zero.
For periods of enrollment other than 9 months, the parents' contribution from adjusted available income (as determined under subsection (b)) is determined as follows for purposes other than subpart 2 of part A of this subchapter:
For periods of enrollment of less than 9 months, the student's contribution from adjusted available income (as determined under subsection (g)) is determined, for purposes other than subpart 2 of part A, by dividing the amount determined under such subsection by 9, and multiplying the result by the number of months in the period of enrollment.
20 U.S.C. § 1087oo
Amendment of Section Pub. L. 116-260 div. FF, title VII, §§701(b), 702(d), Dec. 27, 2020, 134 Stat. 3137, 3141; Pub. L. 117-103, div. R, §102(a), Mar. 15, 2022, 136 Stat. 819; Pub. L. 118-40, div. B, §101(a), Mar. 1, 2024, 138 Stat. 18, provided that, effective July 1, 2024, except as otherwise expressly provided, and applicable with respect to award year 2024-2025 and each subsequent award year, as determined under this chapter, this section is amended to read as follows:
§1087oo. Student aid index for dependent students
(a) Computation of student aid index
(1) In generalExcept as provided in paragraph (2), for each dependent student, the student aid index is equal to the sum of-(A) the assessment of the parents' adjusted available income (determined in accordance with subsection (b)); (B) the assessment of the student's available income (determined in accordance with subsection (g)); and(C) the student's available assets (determined in accordance with subsection (h)).
(2) ExceptionIf the sum determined under paragraph (1) with respect to a dependent student is less than - $1,500, the student aid index for the dependent student shall be - $1,500.
(b) Assessment of parents' adjusted available incomeThe assessment of parents' adjusted available income is equal to the amount determined by-(1) computing adjusted available income by adding-(A) the parents' available income (determined in accordance with subsection (c)); and (B) the parents' available assets (determined in accordance with subsection (d));(2) assessing such adjusted available income in accordance with the assessment schedule set forth in subsection (e); and(3) considering such assessment resulting under paragraph (2) as the amount determined under this subsection.
(c) Parents' available income
(1) In generalThe parents' available income is determined by subtracting from total income (as defined in section 1087vv of this title)-(A) Federal income taxes;(B) an allowance for payroll taxes, determined in accordance with paragraph (2);(C) an income protection allowance, determined in accordance with paragraph (3); and (D) an employment expense allowance, determined in accordance with paragraph (4).
(2) Allowance for payroll taxesThe allowance for payroll taxes is equal to the sum of-(A) the total amount earned by the parents, multiplied by the rate of tax under section 3101(b) of title 26; and(B) the amount earned by the parents that does not exceed such contribution and benefit base (twice such contribution and benefit base, in the case of a joint return) for the year of the earnings, multiplied by the rate of tax applicable to such earnings under section 3101(a) of title 26.
(3) Income protection allowance The income protection allowance shall equal the amount determined in the following table, as adjusted by the Secretary pursuant to section 1087rr(b) of this title:
Income Protection Allowance (to be adjusted for 2023-2024 and succeeding years) | |
Family Size (including student) | Amount |
2 | $23,330 |
3 | $29,040 |
4 | $35,870 |
5 | $42,320 |
6 | $49,500 |
For each additional add | $5,590. |
(4) Employment expense allowanceThe employment expense allowance is equal to the lesser of $4,000 or 35 percent of the single parent's earned income or married parents' combined earned income (as adjusted by the Secretary pursuant to section 1087rr(g) of this title).
(d) Parents' available assets
(1) In general
(A) DeterminationExcept as provided in subparagraph (B), the parents' available assets are equal to- (i) the difference between the parents' assets and the asset protection allowance (determined in accordance with paragraph (2)); multiplied by(ii) 12 percent.
(B) Not less than zeroThe parents' available assets under this subsection shall not be less than zero.
(2) Asset protection allowance The asset protection allowance is calculated based on the following table (as revised by the Secretary pursuant to section 10877rr(d) of this title):
Asset Protection Allowances for Parents of Dependent Students | ||
If the age of the oldest parent is- | And there are | |
two parents | one parent | |
(1)then the allowance is- | ||
25 or less | $ 0 | $0 |
26 | $400 | $100 |
27 | $700 | $300 |
28 | $1,100 | $400 |
29 | $1,500 | $600 |
30 | $1,800 | $700 |
31 | $2,200 | $800 |
32 | $2,600 | $1,000 |
33 | $2,900 | $1,100 |
34 | $3,300 | $1,300 |
35 | $3,700 | $1,400 |
36 | $4,000 | $1,500 |
37 | $4,400 | $1,700 |
38 | $4,800 | $1,800 |
39 | $5,100 | $2,000 |
40 | $5,500 | $2,100 |
41 | $5,600 | $2,200 |
42 | $5,700 | $2,200 |
43 | $5,900 | $2,300 |
44 | $6,000 | $2,300 |
45 | $6,200 | $2,400 |
46 | $6,300 | $2,400 |
47 | $6,500 | $2,500 |
48 | $6,600 | $2,500 |
49 | $6,800 | $2,600 |
50 | $7,000 | $2,700 |
51 | $7,100 | $2,700 |
52 | $7,300 | $2,800 |
53 | $7,500 | $2,900 |
54 | $7,700 | $2,900 |
55 | $7,900 | $3,000 |
56 | $8,100 | $3,100 |
57 | $8,400 | $3,100 |
58 | $8,600 | $3,200 |
59 | $8,800 | $3,300 |
60 | $9,100 | $3,400 |
61 | $9,300 | $3,500 |
62 | $9,600 | $3,600 |
63 | $9,900 | $3,700 |
64 | $10,200 | $3,800 |
65 or more | $10,500 | $3,900. |
(e) Assessment schedule The assessment of the parents' adjusted available income (as determined under subsection (b)(1) and hereafter in this subsection referred to as "AAI") is calculated based on the following table (as revised by the Secretary pursuant to section 1087rr(e) of this title):
Parents' Contribution From AAI | |
If the parents' AAI is- | Then the parents' contribution from AAI is- |
Less than $6,820 | $1,500 |
- $6,820 to $17,400 | 22% of AAI |
$17,401 to $21,800 | $3,828 + 25% of AAI over $17,400 |
$21,801 to $26,200 | $4,928 + 29% of AAI over $21,800 |
$26,201 to $30,700 | $6,204 + 34% of AAI over $26,200 |
$30,701 to $35,100 | $7,734 + 40% of AAI over $30,700 |
$35,101 or more | $9,494 + 47% of AAI over $35,100. |
(f) Consideration of parental income
(1) Parents who live together Parental income and assets in the case of student whose parents are married and not separated, or who are unmarried but live together, shall include the income and assets of both parents.
(2) Divorced or separated parents Parental income and assets for a student whose parents are divorced or separated, but not remarried, is determined by including only the income and assets of the parent who provides the greater portion of the student's financial support.
(3) Death of a parent Parental income and assets in the case of the death of any parent is determined as follows:(A) If either of the parents has died, the surviving parent shall be considered a single parent, until that parent has remarried.(B) If both parents have died, the student shall not report any parental income or assets.
(4) Remarried parentsIf a parent whose income and assets are taken into account under paragraph (2), or if a parent who is a widow or widower and whose income is taken into account under paragraph (3), has remarried, the income of that parent's spouse shall be included in determining the parent's assessment of adjusted available income if the student's parent and the stepparent are married as of the date of application for the award year concerned.
(5) Single parent who is not divorced or separatedParental income and assets in the case of a student whose parent is not described in paragraph (1) and is a single parent who is not divorced, separated, or remarried, shall include the income and assets of such single parent.
(g) Student's available income
(1) In generalThe student's available income is equal to-(A) the difference between the student's total income (determined in accordance with section 480) and the adjustment to student income (determined in accordance with paragraph (2)); multiplied by(B) 50 percent,except that the amount determined under this paragraph shall not be less than -$1,500 for award year 2024-2025 and not less than zero for award year 2025-2026 and each award year thereafter.
(2) Adjustment to student incomeThe adjustment to student income is equal to the sum of-(A) Federal income taxes;(B) an allowance for payroll taxes determined in accordance with paragraph (3);(C) an income protection allowance that is equal to $9,410, as adjusted pursuant to section 1087rr(b) of this title; and (D) an allowance for parents' negative available income, determined in accordance with paragraph (4).
(3) Allowance for payroll taxesThe allowance for payroll taxes is equal to the sum of-(A) the total amount earned by the student, multiplied by the rate of tax under section 3101(b) of title 26; and (B) the amount earned by the student that does not exceed such contribution and benefit base for the year of the earnings, multiplied by the rate of tax applicable to such earnings under section 3101(a) of title 26.
(4) Allowance for parents' negative available incomeThe allowance for parents' negative available income is the amount, if any, by which the sum of the amounts deducted under subsection (c)(1) exceeds the sum of the parents' total income (as defined in section 1087vv of this title) and the parents' available assets (as determined in accordance with subsection (d)).
(h) Student's assetsThe student's assets are determined by calculating the assets of the student and multiplying such amount by 20 percent, except that the result shall not be less than zero.See 2020 and 2024 Amendment notes below.
EDITORIAL NOTES
AMENDMENTS2024-Subsec. (g)(1). Pub. L. 118-40 amended par. (1) generally. Prior to amendment, text read as follows: "The student's available income is equal to-"(A) the difference between the student's total income (determined in accordance with section 1087vv of this title) and the adjustment to student income (determined in accordance with paragraph (2)); multiplied by"(B) 50 percent." 2020- Pub. L. 116-260 amended section generally. Prior to amendment, section related to family contribution for dependent students.2009-Subsec. (c)(5)(B). Pub. L. 111-39 made technical amendment to reference in original act which appears in text as reference to section 2 of title 26.2007-Subsec. (g)(2)(D). Pub. L. 110-84 amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: "an income protection allowance of $3,000 (or a successor amount prescribed by the Secretary under section 1087rr of this title);".2006-Subsec. (g)(2)(D). Pub. L. 109-171, §8017(a)(1)(A), substituted "$3,000" for "$2,200". Subsec. (h). Pub. L. 109-171, §8017(a)(1)(B), substituted "20" for "35".1998-Subsec. (b)(3). Pub. L. 105-244, §473(a), which directed insertion of ", excluding the student's parents," after "number of family members", was executed by making the insertion after "number of the family members" to reflect the probable intent of Congress. Subsec. (g)(2)(D). Pub. L. 105-244, §473(b)(1)(A), substituted "$2,200 (or a successor amount prescribed by the Secretary under section 1087rr of this title);" for "$1,750; and".Subsec. (g)(2)(F). Pub. L. 105-244, §473(b)(1)(B), (C), added subpar. (F).Subsec. (g)(6). Pub. L. 105-244, §473(b)(2), added par. (6).Subsec. (j). Pub. L. 105-244, §473(c), added subsec. (j). 1997-Subsec. (c)(1)(F). Pub. L. 105-78, §609(g)(1), added subpar. (F).Subsec. (g)(2)(E). Pub. L. 105-78, §609(g)(2), added subpar. (E).1993-Subsec. (c)(4). Pub. L. 103-208, §2(g)(2), substituted "$9,510" for "9,510" in table. Subsec. (f)(3). Pub. L. 103-208, §2(g)(3), in introductory provisions, substituted "If a parent" for "Income in the case of a parent", "(1) of this subsection, or if a parent" for "(1) of this subsection, or a parent", and "the income" for "is determined as follows: The income".Subsec. (g)(1)(B). Pub. L. 103-208, §2(g)(4), inserted closing parenthesis after "paragraph (2)".Subsec. (g)(3). Pub. L. 103-208, §2(g)(5), in table added last item relating to Other. 1992- Pub. L. 102-325 amended section generally, making minor changes in subsecs. (a) to (c) and (e) to (g), in subsec. (d) substituting provisions relating to parents' contribution from assets for provisions relating to parents' income supplemental amount from assets, in subsec. (h) substituting provisions relating to student contribution from assets for provisions relating to student and spouse income supplemental amount from assets, and in subsec. (i) substituting provisions relating to adjustments to parents' contribution for enrollment periods other than 9 months for purposes other than subpart 2 of part A of this subchapter for provisions relating to adjustments for enrollment periods other than 9 months. 1987-Subsec. (c)(2), (4). Pub. L. 100-50, §14(1), substituted "section 1087rr of this title" for "section 1087ss of this title".Subsec. (c)(7). Pub. L. 100-50, §14(2), struck out "National" before "Center".Subsec. (d)(2)(B). Pub. L. 100-50, §14(3), substituted "displaced homemaker" for "dislocated homemaker".Subsec. (d)(2)(C). Pub. L. 100-50, §14(1), substituted "section 1087rr of this title" for "section 1087ss of this title". Pub. L. 100-50, §14(4), added table after subpar. (C) and struck out former table which read as follows:
"Adjusted Net Worth of a Business or Farm | |
If the net worth of a business or farm is- | Then the adjusted net worth is: |
Less than $1 | $0 |
$1-$65,000 | 40 percent of NW |
$65,001-$195,000 | $26,000 plus 50 percent of NW over $65,000 |
$195,001-$325,000 | $91,000 plus 60 percent of NW over $195,000 |
$325,001 or more | $169,000 plus 100 percent of NW over $325,000". |
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2024 AMENDMENT Amendment by Pub. L. 118-40 effective and applicable as if included in title VII of div. FF of Pub. L. 116-260 see section 101(d) of div. B of Pub. L. 118-40 set out as a note under section 1070a of this title.
EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116-260 effective July 1, 2024, except as otherwise expressly provided, and applicable with respect to award year 2024-2025 and each subsequent award year, as determined under this chapter, see section 701(b) of Pub. L. 116-260 set out as a note under section 1001 of this title.
EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111-39 effective as if enacted on the date of enactment of Pub. L. 110-315 (Aug. 14, 2008), see section 3 of Pub. L. 111-39 set out as a note under section 1001 of this title.
EFFECTIVE DATE OF 2007 AMENDMENT Pub. L. 110-84, title VI, §601(e), Sept. 27, 2007, 121 Stat. 804, provided that: "The amendments made by this section [amending this section and sections 1087pp, 1087qq, and 1087rr of this title] shall be effective on July 1, 2009."
EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109-171 effective July 1, 2006, except as otherwise provided, see section 8001(c) of Pub. L. 109-171 set out as a note under section 1002 of this title. Pub. L. 109-171, title VIII, §8017(a)(2), Feb. 8, 2006, 120 Stat. 173, provided that: "The amendments made by paragraph (1) [amending this section] shall apply with respect to determinations of need for periods of enrollment beginning on or after July 1, 2007."
EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105-244 effective Oct. 7, 1998, and applicable with respect to determinations of need under this part for academic years beginning on or after July 1, 2000, see section 480A of Pub. L. 105-244 set out as a note under section 1087kk of this title.
EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103-208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102-325 except as otherwise provided, see section 5(a) of Pub. L. 103-208 set out as a note under section 1051 of this title.
EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102-325 applicable with respect to determinations of need under this part for award years beginning on or after July 1, 1993, see section 471(b) of Pub. L. 102-325 set out as a note under section 1087kk of this title.
EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-50 effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of Pub. L. 100-50 set out as a note under section 1001 of this title.