20 U.S.C. § 1087qq
For each independent student with dependents other than a spouse, the student aid index is equal to the amount determined by-
If the sum determined under paragraph (1) with respect to an independent student with dependents other than a spouse is less than - $1,500, the student aid index for the independent student shall be - $1,500.
The family's available income is determined by deducting from total income (as defined in section 1087vv of this title)-
The allowance for payroll taxes is equal to the sum of-
The income protection allowance shall equal the amount determined in the following table, as adjusted by the Secretary pursuant to section 1078rr(b) of this title:
| Income Protection Allowance (to be adjusted for 2023-2024 and succeeding years) | |
| Family Size (including student) | Amount |
| 3 | $46,140 |
| 4 | $56,970 |
| 5 | $67,230 |
| 6 | $78,620 |
| For each additional add | $8,880. |
| Income Protection Allowance (to be adjusted for 2023-2024 and succeeding years) | |
| Family Size (including student) | Amount |
| 2 | $43,920 |
| 3 | $54,690 |
| 4 | $67,520 |
| 5 | $79,680 |
| 6 | $93,180 |
| For each additional add | $10,530. |
The employment expense allowance is equal to the lesser of $4,000 or 35 percent of the student's earned income or the combined earned income of the student and the student's spouse, if applicable (as adjusted by the Secretary pursuant to section 1087rr(g) of this title).
Except as provided in subparagraph (B), the family's available assets are equal to-
The family's available assets under this subsection shall not be less than zero.
The asset protection allowance is calculated based on the following table (as revised by the Secretary pursuant to section 1087rr(d) of this title):
| Asset Protection Allowances for Families and Students | ||
| If the age of the student is- | And the student is | |
| married | single | |
| (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. |
The assessment of adjusted available income (as determined under subsection (a)(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):
| Assessment From Adjusted Available Income | |
| If AAI is- | Then the assessment 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. |
In the case of a student who is divorced or separated, or whose spouse has died, the spouse's income and assets shall not be considered in determining the family's available income or assets.
20 U.S.C. § 1087qq
EDITORIAL NOTES
AMENDMENTS2020- Pub. L. 116-260 amended section generally. Prior to amendment, section related to family contribution for independent students with dependents other than a spouse.2009-Subsec. (b)(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. (b)(4). Pub. L. 110-84 amended par. (4) generally. Prior to amendment, par. (4) consisted of a single table to be used to determine income protection allowances.2006-Subsec. (c)(4). Pub. L. 109-171 substituted "7" for "12".1998-Subsec. (a)(4). Pub. L. 105-244 added par. (4).1997-Subsec. (b)(1)(F). Pub. L. 105-78 added subpar. (F). 1993-Subsec. (b)(4). Pub. L. 103-208, §2(g)(2), substituted "$9,510" for "9,510" in table.Subsec. (e). Pub. L. 103-208, §2(g)(7), added subsec. (e). 1992- Pub. L. 102-325 amended section generally, substituting provisions relating to family contribution for independent students with dependents other than a spouse for provisions relating to family contribution for independent students with dependents (including a spouse).1987-Subsec. (a)(1)(C). Pub. L. 100-50, §14(18), added subpar. (C).Subsec. (b)(2). Pub. L. 100-50, §14(1), substituted "section 1087rr of this title" for "section 1087ss of this title".Subsec. (b)(5)(A). Pub. L. 100-50, §14(19), substituted "$2,100" for "$2,000".Subsec. (b)(7). Pub. L. 100-50, §14(2), struck out "National" before "Center". Subsec. (c)(2)(B). Pub. L. 100-50, §14(3), substituted "displaced homemaker" for "dislocated homemaker". Subsec. (c)(2)(C). Pub. L. 100-50, §14(1), (4), substituted "section 1087rr of this title" for "section 1087ss of this title" in text, added table, 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 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 Amendment by Pub. L. 110-84 effective July 1, 2009, see section 601(e) of Pub. L. 110-84, set out as a note under section 1087oo of this title.
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, §8017, 120 Stat. 173, provided that: "The amendment 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.