<p>I am actually legally separated since March 2011 by court decree. We did not divorce because we naively thought it would be easier on our kids to just be "separated" (it wasn't, they consider us divorced and in practice we are).</p>
<p>All I get from my ex is a tiny amount of monthly child support, which doesn't even cover 50% of their activities and fees. Half of it will disappear in June when my daughter turns 18. The kids live with me and although the decree spells that out it does not describe "custody." I will be filing for 2011 as head of household. </p>
<p>Does/should my husband/ex file FAFSA? His income will be considered by the schools and his tax returns looked at relative to any need-based aid, correct? I told him he has to file it but based on some comments in other threads now I am not so sure.</p>
<p>His income/assets will not be considered for FAFSA (which he will not file). Around 300 schools nationwide use the CSS Profile in addition to FAFSA and a smaller number of those do require the non-custodial parent’s info as well in order to determine institutional need-based aid - you can find that list on the College Board website. It does not affect any government aid - that is based solely on FAFSA and your own state’s aid application.</p>
<p>You will report any child support you receive as untaxed income on FAFSA.</p>
<p>Since, as you say, there has been not much difference in legal separation and divorce in your particular circumstance, perhaps you should go ahead & get a divorce and the court will order he make some contribution to the higher education of his biological children or transfer some of his assets to you so that you can? Then you can report that income or assets on the FAFSA.</p>
<p>What? In the vast majority of states, there is absolutely no way a court can order anyone to pay for the higher education of their child (I believe New York is an exception- something about support until they’re 21 or something along those lines?).</p>
<p>Since you are legally separated…your former husband would not include his information on your FAFSA. You need to check to see that your state agrees with this. Some do not recognize separation…only actual divorce…so you may be asked to give the dad’s info in some way.</p>
<p>“* … Actually, the decision to contribute toward your child’s college education might not be yours to make after all. If you happen to divorce under the laws of Alabama, Connecticut, the District of Columbia, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Mississippi, Missouri, New Hampshire, New Jersey, New York, North Dakota, Oregon, South Carolina, Utah or Washington, you could be ordered to pay for some or all of your child’s college expenses. *” [Court</a> Order: Pay The $50,000 Tuition - Forbes.com](<a href=“http://www.forbes.com/2007/02/13/divorce-kids-education-pf-estates-in_mb_0213money_inl.html]Court”>Court Order: Pay The $50,000 Tuition)</p>
<p>And even in those other States where it can’t be court ordered … it can always be fought for to be included in the terms of a negotiated divorce settlement … after which it would be legally enforceable in that State.</p>
<p>So even if a State does not have a court process for a “legal separation” seems to me FAFSA should recognize a separation so long as the situation otherwise met the criteria for separated (living separately, separate finances, etc) … and especially if the two parties had a signed written civil separation agreement which many people in those States that do not get involved in separations execute as a prelude to a contemplated divorce. It’s not so much that those States don’t “recognize” legal separations … they just don’t get involved in them.</p>
<p>I never said that the FAFSA wouldn’t recognize the LEGAL separation. I said that some states might still request the income/asset information from the other parent in some other way.</p>
<p>The MOST important thing about completing these financial aid applications is to be COMPLETELY honest. If you are, then there will be ways to verify what you are doing if necessary. If you are not, you will have issues. </p>
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<p>Please check and be sure you can do this.</p>
<p>Here are the guideline…found online so check yourself to be sure.</p>
<p>Romani, I think you’re thinking of NY’s child support laws - child support here does not automatically end at 18 as it does in many states. But the NCP can petition for a modification in the support order if child support is no longer warranted. Beyond that, everything is up to the judge/divorce agreement, including funding higher ed. I know many people, including myself, who were not awarded any college costs as factors like ability to pay, assets, potential grant aid, etc. all play into that decision. Of those who did, the funding was limited to the cost of SUNY schools, not the $50K schools the Forbes article implies. Perhaps that happens with the very wealthy, but it is certainly not the norm.</p>
<p>In CT, divorce settlements can only include HALF of the cost of instate attendance at a public university (for the parents to each be responsible for)…I’m pretty sure.</p>
<p>@sk8- That’s why I said I believe New York is the exception :). New York is the only one I know of that doesn’t automatically end at 18, although I’m sure there are others.</p>
<p>In agreement with Thumper - in CT the law allows for 1/2 of the cost of UCONN (for each parent) if it were likely the child would have attended college had the family remained intact. This law at least requires the issue be addressed during a divorce in CT. One can always agree to a different settlement in their particular case but the law at least covers instate costs (not total COA but most costs).</p>
<p>“Since, as you say, there has been not much difference in legal separation and divorce in your particular circumstance, perhaps you should go ahead & get a divorce and the court will order he make some contribution to the higher education of his biological children or transfer some of his assets to you so that you can?”</p>
<p>Unfortunately no, my attorney explained to me at the outset that there is no statute in my state (Maine) that compels the noncustodial parent to help fund higher education, whether via judicial separation (my case) or divorce. As soon as my daughter graduates from high school his legal obligation is over, although he has said he will help pay for college (how long and how much being, on a legal basis, totally up to him). I could have run up many hours of fees trying to get this into a settlement agreement that he would actually sign, but it would likely have been a losing battle for everyone except the lawyers. </p>
<p>Maine does recognize judicial separation as being equivalent to divorce in the tax code, as does the IRS.</p>
<p>“The MOST important thing about completing these financial aid applications is to be COMPLETELY honest.<br>
You are “considered unmarried” for tax purposes if on the last of the year you are:
•legally separated from your spouse under a divorce or separate maintenance decree”</p>
<p>As noted in my original post, I am legally separated with a court decree. That’s why I wrote, “actually” separated, to distance myself from the scammers who are just trying to game the system. I lived with an alcoholic for 20 years so excuse me if I am sensitive about this but I have NOTHING to hide from the government or college bursars. I am really just looking for information on the correct forms that I and my daughter’s father need to submit. Thanks.</p>
<p>Snowdog…I did not mean to offend you with my post. Just was posting that information for all to see. Clearly, your intent is NOT to show that you are married in any way. Just thought that info about “head of household” might help others.</p>
<p>In your case, as noted by others…for FAFSA only schools, your information ONLY is required. If your daughter applies to a school requiring a school form or the CSS Profile, her dad’s info might be required too (this varies by school…not all Profile schools require the NCP form…and not all schools using their own finaid form use ncp information…check EACH school for what it requires).</p>
<p>That’s helpful Thumper, thanks. So I can tell him not to bother with the FAFSA at all, but he might have to complete CSS or school form, depending. I will see if the college board website will spell that out for me, she is only applying to about five schools. [Didn’t mean to get uptight with you, my kids and I have been through the wringer and some days are better than others. ha ha]</p>
<p>Actually…better to check the financial aid websites for EACH college. Get to financial aid and there should be something “how to apply”…the forms, DEADLINES, will be clearly stated there.</p>
<p>It also indicates if they require the Non-custodial Profile (or not). BUT - as previously stated check the website for each school. There is every variety of requirements out there for example: Some schools require Profile (custodial) and a school form for the NC Parent, School does not require any CSS Profile but has forms for both parents on their own website. SOME schools only require NCP information in special circumstances - so these can be tricky - they might ask for NCP info after you’re accepted (!!) - I believe Vanderbilt has this stipulation.</p>
<p>I am the custodial parent and my Ex has re-married this year so her income can be counted as well. My D2 is a senior in HS so I am following these FA details carefully. I am assuming with the NCP and new wife’s income we will not qualify for FA. Therefore my D2 has included FAFSA only schools, CSS Profile (no NCP) and merit potential schools. There are a few that require NCP Profile - and they are a wild card so we shall see. Good luck.</p>
<p>PS - you said kids - so if you have more upcoming I would make sure you qualify if the school will consider siblings that attend college at the same time as your first. I.E. - will FA increase for your oldest if younger siblings are in college at the same time - this could happen at “full need met” schools.</p>