How do court-controlled settlement funds affect FAFSA reporting for a minor turning 18?
My son has a court-controlled settlement from a car accident that happened when he was 10. The money (about $17,500) is in some kind of restricted account that he can't touch until he turns 18 in March. We're filling out the 2025-2026 FAFSA now and I'm confused about how to report this. Does it count as his asset? My asset? Or is it excluded since he technically can't access it yet? The settlement was specifically for his medical expenses and pain/suffering. I don't want to accidentally over-report assets and lose aid eligibility, but also don't want to get flagged for verification by leaving it off. Anyone dealt with court-controlled settlements on FAFSA before?
28 comments


Rudy Cenizo
from what I know those kind of accounts are the students asset on fafsa. if he gets access at 18 then it counts
0 coins
Harmony Love
•That's what I was afraid of. Any idea if there's a way to exclude it since it was meant for medical expenses specifically? He'll turn 18 right after submitting the FAFSA but before getting any aid.
0 coins
Natalie Khan
This is a specific situation that has clear guidance. Court-controlled settlements that cannot be accessed are reported differently than regular savings. Here's what you need to know: 1. If your son CANNOT access the funds at the time you complete the FAFSA, it is NOT reported as his asset. 2. Once he turns 18 in March and CAN access the funds, it BECOMES his asset for future FAFSA applications. 3. For the 2025-2026 FAFSA, you report assets as they exist on the day you complete the application. If he can't access it that day, don't include it. This is covered under the asset reporting guidelines where assets must be both owned by the student AND accessible to be counted. A court-controlled settlement that cannot be accessed fails the second test until he turns 18.
0 coins
Harmony Love
•Thank you so much! That makes perfect sense. So for this application cycle we don't include it since he can't access it yet, but next year we'll need to include it as his asset. That's a huge relief!
0 coins
Daryl Bright
My daughter had almost the same thing happen!!! Court money from when she was little and couldn't touch til 18. We just went through this last year and the financial aid office at her college told us NOT to include it on FAFSA because she couldn't access it when we applied!!! Worked out fine for us.
0 coins
Sienna Gomez
The previous responses are correct, but I want to add some important nuance. The FAFSA's asset reporting is based on a snapshot of what's accessible when you complete the form. However, be aware that if your son gains access to these funds BEFORE receiving his financial aid (even if after submitting FAFSA), some schools may request updated information especially during verification. To be fully prepared: 1. Document the court order showing the release date 2. Keep proof of when the funds become accessible 3. Be ready to explain if questioned during verification Also, when he does gain access, remember student assets are assessed at a higher rate (20%) than parent assets (up to 5.64%) on the Student Aid Index (SAI) calculation. Planning ahead for next year's FAFSA might involve legitimate strategies to reduce this impact.
0 coins
Harmony Love
•That's really helpful context. We'll definitely keep documentation ready in case verification happens. For next year, are there any legitimate ways to minimize the impact when it does become his asset? Would using it for educational expenses right away make sense?
0 coins
Kirsuktow DarkBlade
UGH the system is so frustrating!!!! My son had $12k from his grandpa and it KILLED his aid package because it counted at that ridiculous 20% rate for student assets. The financial aid system PUNISHES families who actually save money for college!!! Meanwhile kids with parents who spent every penny get full rides. Makes me SO ANGRY.
0 coins
Abigail bergen
•Same thing happened to my niece! She had $9k saved from working summer jobs and it reduced her aid by almost $2k. The system is broken.
0 coins
Sienna Gomez
To answer your follow-up question: Yes, there are legitimate strategies for next year. Once your son has access to the funds, using them for qualified educational expenses before filing the next FAFSA can reduce countable assets. Necessary educational purchases like a required laptop, software, or paying tuition directly are all valid uses that reduce the asset impact. Another consideration: if your son has earned income, funding a Roth IRA with part of the settlement money (up to his earned income amount) could move some assets into retirement accounts, which are not counted on the FAFSA at all. This requires earned income though - settlement money alone doesn't qualify him to contribute to an IRA.
0 coins
Harmony Love
•That's brilliant about the Roth IRA! He does have a part-time job, so he could potentially move some of it there based on his earnings. And we'll definitely plan to use some for his immediate educational expenses once he gains access. Thank you!
0 coins
Ahooker-Equator
Sorry to jump in, but has anyone actually tried calling Federal Student Aid to get an official answer on this? I spent THREE DAYS trying to get through to someone last month about a similar asset question and kept getting disconnected or waiting for hours. I finally used a service called Claimyr (claimyr.com) that got me connected to an agent in about 20 minutes. They have a demo video showing how it works: https://youtu.be/TbC8dZQWYNQ The agent I spoke with confirmed that court-restricted funds aren't reported until accessible, and she documented it in my file in case verification happened. Totally worth getting the official guidance directly from FSA.
0 coins
Harmony Love
•I hadn't even considered calling them directly. That's a good idea to get official confirmation. I'll check out that service since I've heard the wait times are ridiculous these days. Thanks for the tip!
0 coins
Rudy Cenizo
•did they charge you for that service? seems weird to pay just to talk to the govt
0 coins
Ahooker-Equator
•Yes, there is a fee, but considering I had already wasted hours trying to get through on my own, it was worth it for me. The peace of mind from getting an official answer saved me way more stress than the cost.
0 coins
Abigail bergen
Couldn't he just spend all the money right when he gets it in March so it's gone before he goes to college? Buy a car or something?
0 coins
Natalie Khan
•While technically possible, I wouldn't recommend deliberately spending down funds just to qualify for aid. First, it's not necessarily financially sound to spend settlement money meant for medical needs. Second, large unexplained withdrawals close to FAFSA filing can trigger verification questions. And third, having some savings is important for college incidentals and emergencies.
0 coins
Harmony Love
Thanks everyone for the helpful responses! To summarize what I've learned: 1. Don't include the settlement on this year's FAFSA since he can't access it yet 2. Keep documentation of the court order in case of verification 3. Next year, it will count as his asset at the higher assessment rate (20%) 4. Consider legitimate ways to use the funds for educational expenses once accessible 5. Look into possibly moving some funds to a Roth IRA based on his earned income This has been incredibly helpful. It's such a specific situation that I was having trouble finding clear information about it online.
0 coins
Sienna Gomez
•You've got it exactly right! Good luck with the FAFSA process.
0 coins
Miguel Ramos
Great summary! One additional tip that might help - when your son does gain access to the funds in March, consider keeping detailed records of any educational expenses you pay between then and when you file next year's FAFSA. Things like textbooks, required supplies, dorm deposits, etc. can all legitimately reduce the reportable asset amount. Also, since the settlement was for medical expenses, if he has any ongoing medical costs related to the original accident, using the funds for those purposes maintains the settlement's intended use while reducing the FAFSA impact. Just make sure to keep receipts for everything in case of verification.
0 coins
Jean Claude
Another thing to consider - if your son has any qualifying disabilities or ongoing medical needs related to the original accident, you might want to look into whether any portion of those funds could be placed in an ABLE account once he turns 18. ABLE accounts are completely excluded from FAFSA asset calculations, and funds can be used for disability-related expenses including education. Since the settlement was for medical expenses/pain & suffering from an accident, there might be qualifying conditions that would make him eligible. It's worth researching since ABLE accounts have much better FAFSA treatment than regular savings, and the funds maintain their intended medical/disability-related purpose.
0 coins
Ava Thompson
•That's such a smart suggestion about ABLE accounts! I hadn't even heard of those before. Given that the settlement was from a car accident when he was young, there could definitely be qualifying conditions we haven't considered. Even if it's just chronic pain or other lasting effects, it might be worth exploring. Do you know if there are income limits for ABLE accounts, or any restrictions on how much can be transferred from an existing settlement?
0 coins
Diego Rojas
ABLE accounts are definitely worth exploring! There are no income limits for the beneficiary to have an ABLE account, which makes them different from many other tax-advantaged accounts. However, there are contribution limits ($18,000 annually for 2024, and up to $100,000 total before SSI benefits are affected). The key eligibility requirement is that the disability must have onset before age 26, which your son would meet since his accident was at age 10. Qualifying conditions can include things like chronic pain, mobility issues, cognitive impacts, or mental health conditions resulting from the accident - not just obvious physical disabilities. For transferring settlement funds, there's no specific restriction on moving existing money into an ABLE account as long as it's used for qualified disability expenses (which includes education, housing, transportation, health care, etc.). The funds maintain their tax-advantaged status and become completely invisible to FAFSA calculations. I'd recommend consulting with a disability attorney or financial planner familiar with ABLE accounts to see if your son might qualify based on any lasting effects from his accident. Even if the impacts seem minor now, documented conditions from the settlement case might establish eligibility.
0 coins
Austin Leonard
•This is incredibly helpful information! I never would have thought about ABLE accounts as an option. The accident did result in some ongoing issues - he has chronic back pain and sees a physical therapist occasionally, plus some anxiety around driving that he's worked with a counselor on. We have all the medical documentation from the original case and follow-up treatments. It sounds like this could be a perfect solution to preserve the settlement funds for their intended medical/disability purposes while also protecting his financial aid eligibility. I'm definitely going to look into this further and maybe consult with the attorney who handled his original settlement case. Thank you so much for bringing this up - it could be a game changer for our situation!
0 coins
Zoe Stavros
This thread has been so educational! I'm dealing with a similar situation with my daughter who has a trust fund that becomes accessible when she turns 21. Based on everything discussed here, it sounds like the key principle is whether the student can actually ACCESS the funds when filing FAFSA, not just whether they technically own them. For anyone else reading this later, the ABLE account suggestion is brilliant - I had no idea those existed and that they're completely excluded from FAFSA calculations. It's worth noting that even seemingly minor ongoing effects from accidents (chronic pain, anxiety, etc.) might qualify someone for an ABLE account if the onset was before age 26. One question I have - does anyone know if the timing of when you file FAFSA matters for these asset snapshots? Like if your son gains access to the funds in March, would it make sense to file FAFSA earlier in the season to ensure the funds aren't accessible yet?
0 coins
Emily Parker
•Great question about FAFSA filing timing! Yes, the timing can definitely matter for asset snapshots. Since FAFSA uses the "as of today" principle for assets, filing before your son gains access would mean the funds aren't reportable yet. However, there are a few things to consider: 1) You need your tax information completed first (or use prior-prior year), 2) Some schools have earlier priority deadlines for maximum aid consideration, and 3) If he gains access before aid is actually disbursed, schools might request updated asset information during verification. But strategically, if you can complete everything needed to file FAFSA before March when he turns 18, that would be the ideal scenario for this year's application. Just make sure you're not sacrificing other important timing considerations (like state aid deadlines) to achieve this.
0 coins
Edward McBride
This has been such an informative thread! As someone new to navigating FAFSA with complex asset situations, I'm amazed at how many nuances there are that aren't immediately obvious from the standard guidance. The distinction between "owning" vs "accessing" assets is crucial, and the ABLE account option is something I never would have discovered on my own. For future reference, it seems like the key takeaways are: - Court-restricted funds aren't reportable until actually accessible - Document everything in case of verification - Consider legitimate strategies like educational expenses and ABLE accounts to minimize future impact - Timing of FAFSA filing can matter for asset snapshots - Even minor ongoing medical/psychological effects from accidents might qualify for ABLE account eligibility It's frustrating that families have to become financial aid experts just to navigate this system fairly, but threads like this are invaluable for sharing real-world knowledge. Thank you to everyone who contributed their experiences and expertise!
0 coins
Ben Cooper
•This thread has been incredibly helpful for me too! I'm new to this community and facing a similar situation with my nephew who has settlement funds from an injury case. What strikes me most is how the basic FAFSA guidance online doesn't cover these nuanced situations at all - you really need real people's experiences to understand how to handle complex asset scenarios properly. I especially appreciate how everyone focused on legitimate, ethical strategies rather than trying to game the system. The ABLE account information was completely new to me and could be relevant for several families I know. It's reassuring to know there are knowledgeable people here willing to share detailed guidance on these complicated financial aid questions!
0 coins