Financial Aid, Divorce and Domestic Violence

I am divorced due to domestic violence. My kids have zero contact with their other parent, and there is a restraining order, although it may be expired by the time my kids go to college. Information such as where we live, and where the kids go to school is hidden from the other parent by the courts.

But, I do get child support, which is garnished from his check.

How will that play out when we apply for college, and file for aid? Will financial aid be based on my income plus child support (I have multiple kids, so when my oldest is in college, I’ll still be eligible for support for younger kids)?

Most likely for FAFSA only schools. For CSS schools, which would normally ask for financial info from the father too, you could ask for a waiver and I think with the info you’ve provided, that waiver would be granted.

You’d report the child support you are receiveing, but also the family size.

On the Simplifed FAFSA, which goes into effect next cycle, for 2024-25, child support will be treated as a parental asset and not income (previously child support was treated as non-taxable income). No word yet if CSS Profile will make the same change.

For most schools that use CSS Profile, you will have to file a non-custodial parent (NCP) waiver, which I agree will likely be granted in your case. Get that form on each school’s site and/or call their fin aid office. Some CSS Schools don’t require NCP financials at all, see the list here, you can sort by NCP requirement in the second to last column on the right.

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I’m sure dealing with this situation is hard…and I wish you the best moving forward.

From what you have posted here, it seems likely that a non-custodial profile waiver would be granted. You need to make this request in a timely fashion…and I believe for each college. So do ask early in the application season…don’t wait.

The non-custodial parent isn’t listed on the FAFSA. @kelsmom when there is a restraining order, will the support amount of that parent be used to determine who is the custodial parent per FAFSA.

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That information will no longer be included on the FAFSA effective 2024-25, so it won’t be considered in the new SAI formula. If any portion is reported on the tax return, it is included in the formula, though. It’s just untaxed income that will no longer be counted for FAFSA. I am assuming that although this parent receives support, it’s most likely not greater than 50%.

@kelsmom Which information won’t be included?

I get far less than 50% of what it costs me to raise them in the way I am able to raise them. I could probably stretch it to be 50% if I made other choices (e.g. not as healthy food, different neighborhood, no extracurriculars), but not with the choices I do make.

@Sportsball If you think you will still need protection when the restraining order expires, you should inquire about the ability to renew it. Some states (California, for instance) has a process for that.

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In my state, I can only renew or extend it if there has been an additional incident.

I was concerned that the procedures might differ by state. I’m sorry. I hope you have no need of an additional one.

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If you get less than 50% of what it costs to raise your kids, you are providing at least half the support yourself. Beginning in 2024-25, the parent who completes FAFSA is the parent who provided at least half that child’s support in the base year (2022 for 2024-25 FAFSA). This means that you will complete it, and FAFSA won’t require any information from your ex. Prior to 2024-25 FAFSA, untaxed income information was required … meaning that if you received untaxed support payments, you’d need to report them on FAFSA. Beginning 2024-25, though, due to FAFSA Simplification, no untaxed income will be reported on FAFSA.

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Will it make a difference in the decision in the waiver if the order is expired?

I am concerned that the fact that he pays the child support will be evidence that he isn’t totally estranged. Of course I think the child support should be taken into account for the amount ( I can pay more because I get it), but it’s not evidence that I can ask him for tuition.

So, the child support isn’t factored at all?

That’s right.

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It won’t be included in income on FAFSA, but will be included as an asset.

The FSA amendments eliminate “child support received” as a form of untaxed income but adds it as an asset.20 This means that only applicants who are not exempt from reporting assets will need to report child support received.

That second sentence is poorly worded. If one does have to report assets on FAFSA, then they report the amount of child support received. From page 6 of this report: https://crsreports.congress.gov/product/pdf/R/R46909

Assets for parents on FAFSA are tapped at about 5.6% of their value. I believe this is better than if it’s included as income.

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And to clarify for the OP, assets are assessed much more favorably (for the family) than income is. So that’s a good thing!

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Ooh, I forgot about that little tidbit. Yes, if a parent is required to report assets (they’ll receive a prompt to do so while completing FAFSA if it’s required), then they do have to report child support received as an asset. It’s weird, but it’s actually more favorable to request it that way. It’s going to confuse people, of course (me included), since it’s not logical.

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(If the child support has already been spent at the time of filing the FAFSA, does it still need to be reported as an asset?)

How do they decide whether to ask you to report assets?

I thought everyone reports assets?

Is it kid’s asset or mine? And all of it, or just the part I received for that kid? I am at the beginning of this and so confused.

Maybe @kelsmom can explain…but it sounds to me like the child support received in the year is reported as an asset instead of as unearned income…regardless of whether that money is still in your accounts…or not.

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