help with a complicated parental situation?

<p>Hi, not for me, but with someone without an account.</p>

<p>This person's parents divorced when she was an infant. Her mother raised her without ever remarrying and had exclusive custody. The father never had any custody, lived in a separate state, and did pay child support. She has never been claimed as a dependent by her father. Her mother died in 2010. This person is currently twenty years old. </p>

<p>How does she fill out the FAFSA? Is her father considered the custodial parent, despite never having claimed her as a dependent or having custody? Or is it still her mother, who was the last parent to support her as an independent? </p>

<p>Help us, financial aid wizards of CC!</p>

<p>Since her mom is deceased would be filled out using the income/assets of her surviving parent- her dad because the student would not be considered an independent student.</p>

<p>If her mom died in 2010, was your friend 18 or under. Did any adult take guardianship? A friend or other relative?</p>

<p>If the student was under 18, the student would have to be in court placed legal guardianship in order to be an independent student. </p>

<p>Unfortunately, I have had a few students who have lossed moms while in high school and was estranged from their other parent. However, unless the dad lost legal rights to his child, he is the legal next of kin and his rights supercedes everyone else’s regardless whether the other person is a family member or who wants to take guardianship. None of these people could have legal guardianship of the child without the permission of the surviving parent, who would be giving up his rights to his child.</p>

<p>I had a student whose mom died and dad was in jail. Child’s maternal grandmother wanted to petition for legal guardianship. The dad had not lost his legal rights to his children and ultimately it was his decision as to where he wanted his children placed. Since the children also had a relationship with his family he requested that guardian ship of his children be given to his sister (whose home the children had been living in with their mother before she passed) and the court granted the petition.</p>

<p>It stinks, but one is considered a dependent for college financial aid purposes until age 24. It’s crazy. There is a highly specific set of circumstances where this requirement can be waived (Such as being a ward of the court) – and that list of circumstances can be found here:
[FAFSA</a> Dependency Questions < FAFSA Form | FAFSA Online](<a href=“Everything You Need to Know About FAFSA | Edvisors”>Everything You Need to Know About FAFSA | Edvisors)</p>

<p>I would have the friend read through the rules and then contact her father and say “How do you want to navigate this?”, giving the options that she knows. He might say “file for emancipation” or “here’s my information” or something else. </p>

<p>But the site clearly says:</p>

<p>Many students each year attempt to file as independent students because they are living on their own and are self-sufficient or their parents refuse to contribute to their education. However, under federal regulations, they are still classified as dependent students. You must file your FAFSA based on the dependency requirements listed above or you risk getting no federal financial aid. </p>

<p>So she either needs Dad’s cooperation – or she needs to find a way to fit into one of their exemptions – or she needs to wait until age 24. </p>

<p>Those are the three paths. Good luck to you both – it is a very dumb system.</p>

<p>Is the student just starting college now for the first time?</p>

<p>If mom passed in 2010 when student was 18 and possibly a high school senior, how did they manage the college financial aid process then? How did the financial aid process work when student turned 19 ?</p>

<p>I would contact the college. This is a very unusual situation. The worst that could happen is that she has to use her dad’s information.</p>

<p>The FAFSA rules are clear in that if parents are divorced or separated, one needs to put down the parent who the student resides with the most. This student never has resided with the non-custodial parent. BUT for financial aid purposes, it is very possible that this parent now needs to be put on the FAFSA.</p>

<p>Agreed with others…what did she do from 2010 to now?</p>

<p>It could be possible she didn’t go to college right out of HS</p>

<p>Unusual circumstances that may merit a dependency override, subject to a case-by-case review by and the professional judgment of the college financial aid administrator, include an abusive family environment (e.g., court protection from abuse orders against the parents), abandonment by the parents, or the incarceration, hospitalization or institutionalization of both parents.</p>

<p>As Thumper says, this is something that needs to be brought to the attention of the college financial aid officer to pass professional judgement. Dependency overrides are indeed rare, and are considered on a case by case basis. However, there are times when there is true abandonment by the parent, can’t locate the parent, parent has never been in the student’s life, parent in jail, hospital or other institution or incompetent, can result in the student being declared independent, though under age 24. Some letter or references from the student’s former high school counselor, minister or other authority figure would be helpful and probably required as evidence. I would also include the deceased mother’s tax returns for three year prior to the student turning 18, showing that no child support was ever forthcoming. </p>

<p>If this appeal is denied, then the student has to forge on either reaching out to Dad and seeing if it is advantageous to get his financial on a FAFSA (may not be if he has sufficient income/assets so that the student isn’t going get PELL or much of anything else), or file without parental information, which is allowed, but restricts the type of aid the student can get. Like no PELL or subsidized loans I believe. For PROFILE, if the student is applying to such schools, there is a non custodial waver form that the student’s former high school can complete.</p>

<p>Op states that parents were married, divorced and that non-custodial parent although he lives in another state has paid child support. </p>

<p>It may be hard for her to get a dependency override because child was 18 when mom passed (and dad was probably finished with his child support obligation). Has student made any effort to deal with dad?</p>

<p>I missed the child support part. That could be a sticky issue, but again, that is up to the financial aid officers at the college. Kelsmom can give her take on the situation.</p>

<p>Financial aid wizards, you do not disappoint!</p>

<p>She does have some relationship with her father. It’s been a complicated relationship and when she was younger did take out a restraining order against him following abuse during a visit (is that relevant, cpt?). He’s since sobered up and they do have some contact and an okay relationship, but he’s never been the parent providing for her, etc. etc. Chances are that she can get his financial information, but probably won’t have any significant financial support from him for going to college. </p>

<p>She was eighteen when her mother passed away. She continued living with her mother’s longterm boyfriend, but the boyfriend never married her mother nor did he claim her as a dependent/legally establish any kind of relationship with her.</p>

<p>She’s attended a year of community college with the financial help from her mother’s boyfriend, who has decided he doesn’t want to help pay anymore or really be in the picture at all. (based on what we’ve read, he doesn’t factor into financial aid?)</p>

<p>I think I hit everything that came up – not sure. Thanks for helping, guys – obviously, she’s going to have to speak to some professionals about how weird the situation is, but we’re hoping to have some idea going in.</p>

<p>It’s all professional judgement of the financial aid officer who will have her case. If she is PELL eligible on her own, but Dad’s financials are such that put her out of PELL range, it can make a difference in that grant. Unless she is in a state that has good aid for low income families or is attending a school that tends to meet a lot of a student’s need (and being a transfer from a cc, the chances of that are not too high, though possible) it comes down to PELL. If her dad has enough income to knock her out of the PELL category, it can be an issue. The only other thing would be subsidization of $3500 of the Staffords which really does not amount to a whole lot in the big picture. That Dad is willing to help is not the issue and does not enter the picture at all. It’s whether or not he is considered enough in the picture that the school refuses to eliminate him from the financial picture. Even intact families with Dad right there the whole time have situations where he refuses to pay a dime. So refusal to pay is not the issue. Refusal to give information and amount of support and contact and all of that might be considered.</p>

<p>I would PM Kelsmom and ask for her advice on how to approach the financial aid office of the college for optimal chance of a favorable judgement.</p>