<p>Hi, I have a bit of an issue here. I am an orphan (my mom died when I was 3) and my dad lives in another country (he moved 4 years ago), he doesn't help me and I pretty much have no communication with him. My aunt has my custody. I filled the FAFSA as independent because of my legal guardianship. I moved to a different state from my aunt but since I haven't lived here for a year I thought my legal residence would still be her state. Turns out it isn't according to the college I applied to and my legal guardianship is invalid to them. They sent me a dependency override today and I'm freaking out, I don't know what to expect. I have lived with my aunt for about 5 years and I recently moved in with a cousin (her daughter).
Can anyone please explain to me what is happening and what should I do? Could I qualify for the dependency override? Help, I really need that financial aid :(</p>
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<p>No, you are not an orphan, because your father, who is your legal next of kin is very much alive.</p>
<p>Unless you have guardianship through the US court, you are not in legal guardianship and is not considered an independent student. This means, that you must find your father, wherever he is and get his income assets for the FAFSA.</p>
<p>Has the school told you what information you need to submit for a dependency override? You will minimally need to submit third party letters from your high school counselor, social workers, clergy, etc attesting to your situation.</p>
<p>Oh so a guardianship by a court of a state is not valid? Oh god all of these years being in a “legal guardianship”.</p>
<p>Well anyway…can I change my FAFSA (since I already submitted it) if I find my dad’s information? Is that possible?</p>
<p>The school only told me that they sent me a dependency override document…</p>
<p>Seriously this whole thing is so difficult. 
I <em>really</em> need financial aid, and I’m worried I won’t qualify…</p>
<p>You should fill out the dependency override form. Get the necessary information to support your estrangement from your father. If you get the override, the only income you will report will be your own.</p>
<p>Re: state residency…this has nothing to do with a dependency override. In state residency is based on the schools criteria which you should be able to find on their website.</p>
<p>Sounds like your dad abandoned you to your aunt? Was your aunt given legal guardianship?</p>
<p>"Oh so a guardianship by a court of a state is not valid? Oh god all of these years being in a “legal guardianship”</p>
<p>I think that the OP’s Aunt DOES have legal guardianship established for her nephew through the court in the state that he resides in. (From my reading of this original post)</p>
<p>I know that we established legal guardianship over our adult disabled daughter through a court in our state. NOt a 'US" court.</p>
<p>Am I misunderstanding something?</p>
<p>By US court, I mean a court within the United States (keep in mind that we also have international students asking about guardianship). In addition, many students believe that just because they have something signed by a parent or notarized, that it consitutes legal guardianship (which is not true)</p>
<p>IF your guardianship was granted in the court where you reside, make an appointment to see the financial aid person (you must take the original document (let them make copies).</p>
<p>When you filed the FAFSA, did you answer yes to the following question:</p>
<p>As determined by a court in your state of legal residence, are you or were you in legal guardianship?</p>
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<p>Note: The financial aid administrator at your college may require you to provide additional information such as a copy of the court’s decision.</p>
<p>I did send her the legal guardianship documents…I thought that since I haven’t been living here for a year my state of legal residence would still be where I used to live with my aunt. But apparently it doesn’t work that way since I moved. So in the state where I currently live (and where the school is located) I am not in a legal guardianship (which IMO doesn’t make sense, I mean my guardianship is invalid according to them so…what exactly am I?? Do I “depend” on my dad even if I technically don’t and haven’t depended on him for years?)…she told me she sent me the dependency override document. I don’t know what are the requirements so I don’t know if I qualify…</p>
<p>If I didn’t qualify, or if I feel I don’t qualify so I don’t submit it, could I change my FAFSA info?
Like, try to find my dad or try to get his information so I could get aid (which I really need)?</p>
<p>Go to the financial aid office. Take your legal paperwork with you. Meet with the head of financial aid, and get that person’s help with completing the forms. </p>
<p>It looks to me like you have fallen into some crack in their system because you were in a legal guardianship in the past in a different state, and they don’t know what to do with you because you have moved states on your own. It also is clear to me that the financial aid wants to help you get this sorted out in the most advantageous way possible. Go give them a chance to help you out.</p>
<p>I think the challenge may be on on the state aid (in-state tuition) part, because you are eligible for federal aid as an independent student.</p>
<p>Policies and qualifications for state aid, somes (and often) differ than those for federal aid. Since your guardianship is in one state and you recently went to move with a cousin to another state, you may not be eligible for state aid or in-state tuition where you currently reside because you may not meet the residency requirements. </p>
<p>The financial aid office may have to give you an “override” for state aid or in-state tuition in order for it to be affordable to you. IF you are only eligible for Pell/direct loans, it may not be enough to cover the OOS tuition and fees. I agree with Happymom, you will have to go to the financial aid office and speak with them in person, so that you can get what you need in order to make college affordable.</p>
<p>I agree with Sybbie and Happymom. This has to be done on a one to one basis with the financial aid director.</p>
<p>I’m going to tell you that I know a bunch of kids whose parents from outside of the state and even country gave guardianship to relatives. Those type of guardianships are not viewed in the same way as those that are given for true hardship reasons. The reasons and circumstances around the guardianship may be questioned. If your father just felt that it was better for you to be with your aunt when he could have taken you in…that might be an issue. Think about it, what if your dad should be, say Donald Trump? You think he should be off the hook if he did something like this? Absolutely not. What about a non Trump but still very well to do person who was just as happy to leave his daughter in the care of her aunt? Where does one draw the line? Aid comes into play in cases where the parent was truly unfit, say incarcerated or had neglected and/or abused the child. It happens a lot around here that guardianshps are given so that kids can get the educational advantages when that is done, not for some pressing welfare need,</p>
<p>Without more information, if you are under age 24, I would classify you as a dependent of your father’s. State residence is determined most of the time by the individual schools,not by general state rules. A state is very happy to make you a resident eligible to pay state taxes very quickly and easily. Not so, in many cases, are the state schools, when it comes to admissions and in state tuition. And they also may have special provisions as well, such as if you graduated from a high school in a state or can prove you lived there for so many years.</p>
<p>I am confused about whether the ‘dependency override’ is for your Aunt or your Father. I agree you need to call the Financial Aid Office asap and make an appointment. Tell them the circumstances so they can tell you what to fill out. If you have a parent or legal guardian, it is invalid to be independent until you are 24, except under very rare circumstances that you have to document (been on your own for awhile, have a job).</p>
<p>I was a single mom but I got child support from the father until she turned 18. The schools my daughter was accepted to all accepted a ‘dependency waiver’ for the father, based on the fact that she did not know him, had no contact, no phone calls, no gifts for all her life. Obviously there would be no college money. I had a letter from her school to back up that they were aware of this and felt it to be true. So perhaps a waiver for your father’s income will be accepted given that he is not your legal guardian and is not contributing funds (may need notarized letter from your Aunt). However, I don’t see how you can get a waiver entirely (to be independent) since your Aunt was your guardian and you were living with her.</p>
<p>BrownParent -</p>
<p>If the OP is/was in a court-ordered legal guardianship, the OP is independent for the FAFSA. </p>
<p>CSS Profile policies and in-state residency policies vary by the institution. FAFSA policies don’t.</p>
<p>It is very important to begin the D/O process and to also meet with someone (or talk to someone on the phone) from financial aid … preferably the person who reviews guardianship documents (many schools have one person who specializes in that). Some aid counselors are a bit less well-versed in these matters than others, so do be sure to talk with someone who really knows his/her stuff. The school may be trying to help you with the in-state aspect, so you don’t want to blow that off. Do talk to them!</p>
<p>"By US court, I mean a court within the United States (keep in mind that we also have international students asking about guardianship). In addition, many students believe that just because they have something signed by a parent or notarized, that it consitutes legal guardianship "</p>
<p>I’m interested in this for a student of mine who is international (European). Her aunt, an American citizen, was given legal custody by a European judge. Her mother is widowed, works as part of a cleaning crew but barely makes poverty wages, and the aunt has a good job, so the mother preferred to “give away” her daughter to give her chances she never had, such as finishing high school. How can that be considered by an American judge, do they need to stand in American court (the mother, the daughter, and the aunt)? (As far as hardships go, this family has seen more than their share :s) Because right now the custodial guardian is in the US but the minor is in Europe, with the mother no longer having any legal rights over her.</p>
<p>MYOS1634 -</p>
<p>Some legal guardians do not have physical custody, but rather are responsible for seeing that whoever it is who the minor lives with provides that minor with the physical care and supervision appropriate for the minor’s age. It is entirely possible that that sort of guardianship is what the court in the country of residence has set up for this minor.</p>
<p>If the aunt in the US wants to move the minor to the US, she would need to consult with a good immigration lawyer and with an expert in family law in the state where she lives. It would also help if one (or both) of those two have connections in the country where the minor is living who can help the aunt with the legal issues there.</p>