<p>My parents are legally married, but have lived apart for 10 years. We're on good terms with my father, he visits, we talk, we take trips and he pays for school supplies (aside from that, no other financial contribution). He outright refuses to give me any information to fill out the FAFSA or CSS. Also, my father is retired. Can I file him as a noncustodial parent?</p>
<p>He's slowllllly opening up to the idea of giving me soooome information.</p>
<p>My Question.?</p>
<p>Is he considered a noncustodial parent despite still legally married?
I know as a noncustodial parent, he is still required to fill out a form - can you give me a list of things he'll have to declare, (he's paranoid on revealing his life basically, so I need ways to persuade him)</p>
<p>No you can’t file him as non-custodial. This is little different from a parent who just doesn’t want to provide financial info. Your parents are married and appear to still consider their marriage valid. </p>
<p>No, he doesn’t. He lives in a foreign country (he is a US resident) and doesn’t pay US taxes, due to a double taxation agreement between the two countries. </p>
<p>If your dad doesn’t owe US taxes, it’s not because of a blanket “double taxation agmt btwn 2 countries”, it’s bcs he:
has no income (unlikely), or
earns less than the foreign income exclusion threshold of USD 100,800, or
has been applying foreign tax credits.</p>
<p>What is your mother’s US tax filing status? Is she filing as Married filing Jointly? Or married filing Separately? If she is filing Jointly, then your father is indeed filing a US tax return.</p>
<p>It sounds like your parents live apart because their marriage failed. They’re not living apart because your dad’s job requires (he’s retired). Your parents are living separate lives. Intact Couples don’t live apart when there is no reason (job) to do so. The fact that your dad doesn’t provide any support to your household is another indication that the marriage is technically over. Perhaps your parents have determined that a formal divorce is too costly or one will lose certain benefits, so they opted to just live separate lives …but are civil when around each other.</p>
<p>Sounds to me that they are “separated”. IF so, then only your mom’s info goes on FAFSA and she’d select separated/divorced as the option. </p>
<p>How is your mom filing her taxes? If she is filing jointly or married filing separately, you will definitely have some explaining to if you file your FAFSA as separated. It may be a possibility (as noted above) but you will need to explain.</p>
<p>And keep in mind that if a school asks for your non-custodial parent information,my our dad will be required to provide it if your parents are separated. And if your dad’s information is required and he was supposed to file a U.S. tax return ( note…not owe taxes…but required to FILE), he will need to do so.</p>
<p>^^
I don’t know if there will be much explaining to do if the mom is filing married jointly or married separately. Many couples who are actually in the divorce process file those ways.</p>
<p>It does sound like this couple is separated (marriage failing/failed) because the dad has no real reason to live in another country (he’s retired). </p>
<p>^ I think that’s a big inferred jump considering they’ve lived apart for 10 years… I wonder if there are other issues the OP isn’t really aware of, but back on point, I can’t remember the post @Kelsmom made about when separated is appropriate…</p>
<p>Not sure what you mean. I would think that it is a SAFE assumption to believe that the parents are separated (marriage issues) since they’ve lived apart for 10 years and there isn’t a job reason or similar. It’s not like the dad is in the military or has taken a job assignment that is requiring him to live elsewhere. The dad is retired, and not supporting the family. He’s essentially estranged from the family except for some token visits to see his child/ren. </p>
<p>@kelsmom made is quite clear…</p>
<p>If the marriage isn’t in trouble, but the parents are living separately for a variety of other reasons (job, taking care of grandparents, etc), then the parents are married for FAFSA purposes.</p>
<p>If the marriage was having difficulties and the parents have opted to live separately (and never bothered to file for divorce), then the custodial parent’s info is used on FAFSA.</p>
<p>If the marriage is in trouble, BUT the parents are still living in the SAME household, then both parents’ info is used.</p>
<p>Yes, but they take trips with the father regularly. I inferred that was with the entire family, you read it as the opposite. We’ll have to wait for the OP to clarify that.</p>
<p>The situation is more aligned to mom2collegekids theory, but i’d rather not get into it online, since I now have answers.</p>
<p>GMT, yes i’m sorry for not mentioning, he made under the bracket </p>
<p>Once again thank you everyone, I’ve sorted out the issue, and gotten my father to concede. So everything should run smoothly from now on, but thank you all for your contribution. We decided in the end to get a Fin Aid consultant to sit down and sift through our documents and cajole him. I’m not exactly privy to what’s entirely going on - but at least I can stop worrying. </p>
<p>Even if your father does not owe any US taxes, as a US green card holder, he is still required to file a US tax return and is required to report to the IRS the balances in his foreign bank accts (FBAR).</p>