Domestic Partnerships
California Domestic Partner Rights Act Prompts Changes for Some
Students in Eligibility for State and Institutional Aid
Programs. The California Domestic Partner Rights and
Responsibilities Act of 2003 seeks to secure for eligible couples
who register with the State of California as domestic partners the
“full range of legal rights, protections and benefits, as
well as all of the responsibilities, obligations, and duties to
each other, to their children, to third parties and to the state,
as the laws of California extend to and impose upon
spouses.” Provisions that became effective
January 1, 2005 will impact the determination of eligibility for
California state student financial aid programs and aid programs of
California public institutions.
California’s Secretary of State maintains a registry
of domestic partnerships between the same-sex couples and
opposite-sex couples in which at least one of the individuals is
over age 62. Additional information on the registry is at
http://www.ss.ca.gov/dpregistry/
. Students who are registered as domestic partners with the
California Secretary of State on and after January 1, 2005, or
dependent students whose custodial parent is registered as a
domestic partner with the California Secretary of State on and
after January 1, 2005 must contact the financial aid office
regarding additional information that is required in order to
establish eligibility for state and institutional aid under the
provisions of this new law.
California’s recognition of registered domestic
partnerships does not apply for the purposes of federal student
financial aid programs. The Free Application for
Federal Student Aid (FAFSA) used in applying for state and
institutional financial aid, as well as federal aid, does not
provide for the collection of information related to domestic
partnerships.
Students who do not currently qualify as independent
students for financial aid purposes may, as a result of a
registered domestic partnership, be considered independent for
state and institutional aid programs but not for federal aid
programs. Revisions to eligibility determination for
state and institutional aid programs will require that the student
be treated the same as a married student, ignoring the resources of
the student’s parents, but adding the resources of the
student’s domestic partner in establishing the Expected
Family Contribution. This will require the collection of
additional information on the combined household of the student and
the domestic partner as well as the domestic partner’s
financial resources. Some adjustments to the student’s
Cost of Attendance might be appropriate to recognize additional
expenses associated with dependent care.
Dependent students whose custodial parent is a registered domestic partner will need to supply additional information on the combined household and the financial resources of the parent’s domestic partner and those resources will be used in determining the Expected Family Contribution and the resultant eligibility for state and institutional aid programs.
Financial aid administrators at campuses of the California State University are available to advise students and parents regarding the additional information that is required to ensure that, for purposes of state and institutional financial aid programs, registered domestic partners are treated in similar fashion to married couples.
