Ex-husband filled out Fafsa - is not custodial parent

Paying for College
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<p>The thing that is causing all of the concern now is that the OP is being sued. The reason for the suit appears to be that the ex, the father, feels he should be getting something like the child deduction on his taxes, the college credit, a reduction fo child support or reimbursement for money he paid towards college. The OP did not get involved at all during the first child’s years at college or for the time the second child was in college, about who was paying what and filing forms until now, by her own admission. What’s caught her attention now is that she is being sued for remimbursement or payment of money that seems to be college related. </p>

<p>I don’t know enough tax law to make an definitive statements and any such issues need to be addressed by an expert anyways, but it seems to me that there is some quarrel about who claims the child as a dependent on the tax return and who gets to claim the college deduction/credit. The divorce decree should stipulate who gets to declare a child as a dependent. THough there are rules that the IRS also has, there is a failsafe clause that allows the parents to make that determination regardless of who is actuallly has the primary custody. This is often done to get the maximum benefit of the exemptions and deduction and the money saved is split in some way–why hand it over to Uncle Sam? That’s what most parents do when the divorce occurs. WIth two kids, each usually takes one kid as a deduction.</p>

<p>My guess is that this was the arrangement at hand and all was well until the time came that the oldest child can no longer be declared as a dependent. There is now one child and so only one parent can claim her. The one who claims her also gets the college deduction. If the ex in this case is paying the college costs and has been taking the deduction for the older daughter, and finds that he no longer can, because the OP is taking this deduction, that is reason for a dispute. If both parents are paying some college costs, who should be allowed to take the deduction? IF the OP is NOT paying, and the ex is, he certainly may have a valid reason to be steamed that he can’t get the credit on his taxes for what he is paying. That he filled out the FAFSA, is what he thinks gives him the deduction/credit. To get the deduction/credit, the student has to be included as a dependent on the return. WHen OP says, nope, the DD is HER dependent, that is where a dispute can start. </p>

<p>If this is the case, I don’t know how this should be resolved. If the OP is not paying for the college and cannot, and her ex is paying, and the situation is not addressed at all, some discussion is probably in order about alllowing him the deduction as long as he is paying the costs. It is only fair that the one who is paying gets the deduction. Perhaps some splitting of the savings from net amounts can be negotiated. In a civil situation, that is certainly what I would do. Dad is paying for college and wants the college deduction/credit and needs the kid as dependent to get it, but it means more taxes for me to pay to lose that depnendent… well, you do the numbers and do the taxes the way where both parties combined get the most and you split it. Why give the money to the government when cooperation means more overall that can be split.</p>

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<p>The exemption belongs to the parent at whose home the child spends the majority of nights during the year, or 183 night. The exemption can be assigned to the other parent by agreement or by the court, or it can be alternated year to year. If the divorce papers don’t address it and the parties can’t agree, it belongs to the parent where the child spent 183 night (being at college is considered ‘with’ the parent who has that time assigned.</p>

<p>A problem here is that the child’s address with the college is listed as the father’s. He has a good argument that those nights at college belong to him (if she actually stays at college)</p>

<p>But if the mother doesn’t benefit from taking the exemption, that is a good bargaining chip with the father. She can ‘give’ it to him and it doesn’t cost anything. He gets the $3900 exemption, plus the credit for tuition, which is a big tax benefit to him and nothing lost to the mother.</p>

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<p>Interesting - I missed that (address is dad’s). I went back and read that post. Namass, your ex won’t get any info from the college. Your D has to grant him access to her records, and almost all colleges (except the one where I work!) communicate with their students through their school online portal (and school email address). If your ex is getting info, your D may well have allowed him access by submitting a FERPA release to the school. </p>

<p>Did your D spend more nights at his house or at your house in the 12 months before the FAFSA was completed? And for the upcoming year, where did she spend the most nights? Why would your D use your ex’s address as her permanent address? I am wondering if there is more to the story.</p>

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<p>If the FAFSa was completed by Dad, it makes sense he would use his address. My guess is that he is claiming to be the custodial parent for tax and FAFSA purposes, thinking they are linked.</p>

<p>In order to claim a child as a dependent for tax purposes, the custodial parent is defined as the one that the child lived with the most during a calendar year. However, that right can be reassigned iwth some form or other and is often written out in divorce agreements as to who gets to claim which children. So, the true custodial parent can give up that allowance to the other parent by using that form.</p>

<p>Who claims the child on the tax form has nothing to do with the FAFSA custodial parent which is defined as the parent with whom the child lived the most during the one year period before the FAFSA is filed, which could be different from the calender year. It is not unusual for one parent to be claiming the child as a dependent for tax purposes, and the other being the custodial parent. </p>

<p>Kelsmom, there can be any number of reasons why an address used is not the custodial parent’s even if the same parent filed the FAFSA and is the one claiming the difference. I wouldn’t think that would be a problem. As far as the college is concerned Dad is the custodial parent for FAFSA purposes and who claimed the student as dependent for tax purposes isn’t going to affect that at all.</p>

<p>Twoinanddone, it could well be an issue for the OP as to who takes that IRS dependent allowance for the mom, and if the student has been living with her more than dad, and she has been taking the deduction, she may well be entitled to it. I think while there were two kids that could be claimed, it was no big deal that dad claimed one and mom claimed the other, and dad claimed the college credit/deduction. Now, there is just one who can be claimed and dad wants to claim her to get the exemptions. He has to claim the daughter as a dependent to get the deductions/credits which do add up to a pretty penny. But according to the OP that is her right.</p>

<p>I think the Dad wrongly feels that he can just claim this child as a dependent because the FAFSA is proof that he is the custodial parent and is entitled to all the exemption as a result when there really is no such link since it happens quite often that it doesn’t work that way. So he’s suing. </p>

<p>OP who has paid most of the college costs last year? With whom did the daughter live with the most? Be aware that if you ex did pay for some of your DD’s college, that is considered “child support” on FAFSA if you file and if you paid for college or your DD"s expenses over the year that could also be child support that your Ex should be including as income. Who makes more money, you and your husband, or your ex and his wife?</p>

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<p>What I am wondering about is not the address on the FAFSA. OP stated that the address at the school is Dad’s … but the student applied, so the address at the school would be whatever the student put on her application and/or whatever she has updated it to be with the Registrar. I may be misunderstanding, of course. This is the comment: “I don’t even get information from the college as he has put her address as his.” Maybe it just means that OP thinks that because the FAFSA has Dad’s address, the school will send info to that address. Schools rarely send info by snail mail anymore, though.</p>

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<p>You’ve got to be kidding! You’re going to pay an attorney to help you complete FAFSA?</p>

<p>First of all, it’s your daughter’s obligation to complete FAFSA, not yours. Second, it’ll cost you a small fortune in attorney fees . . . for what???</p>

<p>It won’t “hurt” your ex to change your daughter’s residential address on FAFSA, and it won’t “help” you. As for your daughter, she may (or may not) end up being eligible for more aid . . . but how’s that going to help if your ex stops paying the tuition bill?</p>

<p>You’re mixing apples and teacups . . . the one has NOTHING to do with the other. I’m sorry he’s a jerk and I’m sorry he’s suing you, but he’s paying to put your daughter through school, so what are you complaining about?</p>

<p>As for allegations of fraud leveled against your daughter, she is, in all likelihood, receiving LESS student aid because of having listed her father’s address, not more. So, even if her statement of whom she was living with on her FAFSA wasn’t true, she’s gained nothing from it, did not commit fraud, and has nothing to pay back. The suggestions that she could be charged with fraud are NONSENSE! </p>

<p>She’d only be guilty of fraud if you and current hubby had substantially MORE money than your ex, and your daughter pretended she was living with ex in order to increase her financial aid from the government or from the school. From what you’ve said, that’s NOT what is happening here.</p>

<p>Do whatever your attorney recommends to defend yourself from your husband’s lawsuit. Leave your daughter, her college, and FAFSA out of it!</p>

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<p>I agree with Dodgermom. The FAFSA has nothing to do with this. The issue at hand is likely who gets to take the child as a dependent. It appears you do–if your daughter lived with your more than with your husband for the calendar years, then, yes, you are the custodial parent, and that usually is spelled out in the divorce decree as well. If your husband is claiming that filling out the FAFSA is proof that he is the custodial parent, he is mistaken. The rules are different in that the divorce decree can take precedent and the true custodial parent can reassign the dependence for tax purposes but cannot for FAFSA. </p>

<p>Usually, if you truly have little income, getting sued for more child support than spelled out in the decree or for costs not spelled out in the decree is not going to be successful. So a lot of things make no sense here. You can’t squeeze water out of stone, and if you truly don’t have anything much but a small disability income, what is your ex wanting to get from you?</p>

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<p>*Thanks all for the advice. I have a divorce attorney, and it isn’t about child support. I haven’t seen any of that for a long time… He sues me as a way to make sure my life is as limited as possible… *</p>

<p>Are you saying that he owes back child support? how much?</p>

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<p>It seems that ex is suing Op as it seems that he is the one who has been paying the college expenses (since Op has very limited income). </p>

<p>I think that ex has been filing D as a dependent on his taxes because he is providing more “support” and taking getting educational credits on his taxes since he is the one who paid for college. </p>

<p>Op probably also wants to claim the remaining student as a dependent and now he wants to sue OP for “her share” of the ed expenses that he paid (since either she would most likely want to claim the ed credits or he won’t be able to claim the ed credits because D is no longer his dependent on taxes).</p>

<p>If D attends a fafsa only school and mom is now the custodial parent and is filling out the FAFSA, then this also puts her first in line to pay the EFC (because it is “her EFC”)</p>