Heather,
I’m reposting this question because I haven’t received a satisfactory answer. Do you or others in this forum have any thoughts?

For married borrowers (filing taxes separately) with children in which both spouses have federal loans in repayment under the IBR plan, are both spouses permitted to count the same child for purposes of family size? For example, in a family of 3, may both spouses certify a family size of 3 (self, spouse, child) or, alternatively, may only one spouse certify a family size of 3 (self, spouse, child) and the other spouse must certify a family size of 2 (self, spouse)?

As you know, under the IBR plan regulation at 34 CFR 685.221(a)(3), “Family size means the number that is determined by counting the borrower, the borrower’s spouse, and the borrower’s children, including unborn children who will be born during the year the borrower certifies family size, if the children receive more than half their support from the borrower.” Phrased differently, the question is: may both married borrowers certify that their child receives more than half its support from them or may only one spouse do so?