<p>merdavis,</p>
<p>Honestly, I feel for you. And I hate to go out on a limb here, but if your mom and new husband file a joint tax return, then he is enjoying some financial savings (most likely). Perhaps the money he is saving by not filing an individual tax return should go to your college fund.</p>
<p>I sure hope this works out for you and you can attend college.</p>
<p>Linda</p>
<p>To expand on this idea, he also may be able to claim you as a tax deduction, and if his income is sufficiently low and it looks as if he is paying tuition, get the educational tax deduction as well in future years. </p>
<p>But...any of this financial wrangling would assume a high degree of ability to discuss and work together. </p>
<p>Should you need to let go of this dream, I wish you the best in finding another, great place to go to school.</p>
<p>calmom: Your post reminded me of the time when I was in college and living in a dorm; my roommate wanted to move out into a cool house in the woods with some other students, but the only way she could get out of her dorm contract would be to get married. So, she and a male friend went to the courthouse (I was recruited to drive them in my boyfriend's aging Datsun) and obtained a marriage license -- she even had the premarital bloodwork done which showed she needed a rubella vaccination -- ; she showed the license to the dorm manager and voila! She was released from the financial obligation of the contract.
It was very funny at the time and I am sure that the dorm manager was well aware of the charade. Then again, this only affected five or six months of a dorm contract and probably less than a thousand dollars at that time.
Linda</p>
<p>Do well on your SATs so that you can get a merit-based scholarship.</p>
<p>Well just to update, I talked to the financial aid officer of the school and no dice. He said that while he understands my situation, that he can't help me and then proceeded to talk about third-party loans.</p>
<p>I really don't understand why people get married when it causes situations of this nature. I understand that it is in the Bible, but that covers only some of the people.<br>
merdavis2: thank you for sharing your dilemma. Although you remain in a bind, you've informed a lot of people here who will now be mindful of making a marital mistake.</p>
<p>Linda</p>
<p>Linda, most people do not know the implications that a marriage would have on financial aid. Few people understand how college financial aid works. Most of us find out when it is too late to remedy a situation that could have been averted had we known how FAFSA and PROFILE define need. </p>
<p>It's amazing to me that the non custodial parent's assets and income are not taken into consideration by FAFSA. I would have thought that terms of a prenup would be honored in cases of remarriages. It is really sad that a college aged student is dependent on his parents' feelings about paying for education, and is the victim or having a parent who refuses to pay even if he has the funds. This occurs because if exceptions are made, it would become part of too many folks' financial planning. It is purely a financial concession to universities, in my opinion, that age 24 is the age of independence when someone at age 18 is an adult in nearly all capacities, and certainly by age 21.</p>
<p>cpt,</p>
<p>I think most universities would prefer 18 yr old students be considered independent, as it eleviates many problems. Unfortunately, schools don't have many options regarding dependency as the Department of Education Regulations provide strict criteria regarding this subject.</p>
<p>
[quote]
I think most universities would prefer 18 yr old students be considered independent, as it eleviates many problems.
[/quote]
Oh, is that why the private colleges want the noncustodial parent info even though the FAFSA doesn't ask for it? I think its quite the contrary - the private colleges really want to leave the parents on the hook for a long time.</p>
<p>If it comes down to qualifying for outside dollars, like Pell grants -- yes, the universities would like all of their 18 year old students to bring in that money. But when it comes to their own grant funds.... they are not so eager to pay.</p>
<p>2 words commuter college</p>
<p>Hey I was about to post a new thread but I'm in the exact same situation you are OP.</p>
<p>I did attend community college for two years and was admitted as a junior to several colleges. My mom/grandparents almost have enough to send me to 2 years instate or 1 year at a top private, which would leave me to come up with $40k. Do you think that is too much debt to take on? Any suggestions on where I could go for loans or anything? I havent made up my mind but im trying to see if its even a possibility. Thanks</p>
<p>Maybe one student in this sort of situation should file a lawsuit and name the college and the parent as defendants. I don't know if it would work or not, but it would generate some attention for this problem. Which is only going to get worse and worse.</p>
<p>twald: Total debt of 40k is on high side, but not that bad....But why? if you can go instate without debt.</p>
<p>lskinner, There is no entitlement. Parents are not legally responsible to pay for college. Once the student is 18, parents are legally off the hook for the child's needs.</p>
<p>
[quote]
lskinner, There is no entitlement. Parents are not legally responsible to pay for college. Once the student is 18, parents are legally off the hook for the child's needs.
[/quote]
</p>
<p>Is that a statute, or is it common law? If it's common law, it can be changed by the court. In any event, the college in question would also be a defendant.</p>
<p>I am not an attorney. I don't know, but I don't know of anyone who was legally required to pay for college for their adult child. I have heard in cases of divorce sometimes there are agreements between the couple as to who will pay and it is hopefully spelled out. I have heard of cases where one spouse needs to provide for some education/retraining for a spouse that has been out of the job market for a period of time, in cases of divorce.</p>
<p>lskinner, Are you an attorney? If so, you would be able to research this, to answer your question. I have no legal training.</p>
<p>Yes, I'm an attorney. I haven't researched the question, but my instinct as an attorney is that a parent's legal obligation to support his or her child arises from common law, i.e. it's the result of court decisions reaching back hundreds and hundreds of years. </p>
<p>In a situation where (1) a college undertakes to meet the financial needs of its students; (2) the college assumes that parents will contribute; and (3) the parents don't contribute as assumed, it follows logically that either the college isn't meeting its obligations or the parents are not meeting their obligations. So my idea is to sue both parties - the parents and the colleges, and say "Court, please figure out which of these parties is failing to meet its obligations to me and please make them pay."</p>
<p>I realize that the suit would probably fail, but like I said, it might get some needed attention for what is becoming a big problem.</p>
<p>Iskinner:</p>
<p>From a purely technical point of view I agree with you (the parent part), and many parents are following that path. Colleges on the other hand have no obligation to pay. State Us and CCs do subsidize the cost to ALL resident students who live in their juridiction. Private colleges can make up whatever rule they want to make up.</p>
<p>lskinner -- </p>
<p>Your reasoning is flawed right from the point of your assumption #1 : "(1) a college undertakes to meet the financial needs of its students..."</p>
<p>A college undertakes to meet the INSTITUTIONALLY-DEFINED needs of its students. Once that qualification is made to the term "need," all other bets are off. Furthermore, the undertaking is voluntary on the part of the institution, and therefore cannot be (logically or legally) construed as an OBLIGATION to the beneficiary.</p>
<p>If colleges actually awarded aid based on "need," then our family would not be in the following situation next year: College tuitions and fees for two students, totaling approximately $98,000 (just for one year!), which far exceeds our after-tax income. Yet, although we have no assets besides a three-bedroom home and cars of 2001-and-earlier vintage (Honda Civic, at that!), we certainly do not get enough financial aid to avoid significant debt.</p>
<p>I am sympathetic to the situation of the individual students, who are in the position of greatest need and least power/control. But I am unconvinced by the logic of your proposed legal remedy.</p>
<p>OTOH, YMMV.</p>
<p>Two additional flaw in lskinner's logic. </p>
<p>First is the belief that the colleges have a duty to fund any particular individual's education at that college, since there can be no breach without a duty. And the colleges' financial aid policies are insufficient to create a contract - admissions and financial aid packages are offers only until accepted, which creates the contract. And the financial aid contract clearly states that it is for that academic year only. The legal remedy if you don't like the aid offer? Don't go there.</p>
<p>Second is the assumption that parental duty being cut off at age 18 is common law that can be changed by the courts. As far as I recall (and it's been a while since I researched it), 18 as the age of majority is statutory. Used to be 21, remember? And other than as part of an agreement (*i.e.*a divorce settlement), I believe that the courts have no authority to impose any obligations on the parents of an adult regarding that adult's upkeep, education or any other obligations. No adult can be legally charged with responsibility for another adult unless that obligation is accepted voluntarily.</p>
<p>(Oh, and I have a question: What's "YMMV"?)</p>