<p>The decision to only ask for the information of one parent on the FAFSA (when separated or divorced) is that of Congress. The requirements are in the Higher Ed bill, and the Dept of Ed hands down the regulations. There are a ridiculous number of regulations that must be followed … heck, even the alcohol awareness programs and safety reporting regulations at colleges are tied to financial aid regulations and therefore funding! … and believe me (I worked in finaid), there is more work than can be done as it is. It’s not lack of caring. We uncovered numerous cheaters through ordinary verification. However, there were times we were extremely sure others were lying … but they were so good at lying, and we could only ask for so much without bordering on harassment, that we couldn’t prove otherwise.</p>
<p>Kelsmom:</p>
<p>Seriously - thanks for that input. It is helpful to hear the frustration on the other side.</p>
<p>Since they aren’t filling and omitting substantial amounts there is no statute of limitations. The IRS could go and lien her house 10 years from now. This also may result in criminal charges since it is intentional and rather malicious. If you would like to speed up the process and get them in trouble now just fill out this form:</p>
<p><a href=“http://www.irs.gov/pub/irs-pdf/f3949a.pdf[/url]”>http://www.irs.gov/pub/irs-pdf/f3949a.pdf</a></p>
<p>Best,</p>
<p>Valleyaccountant
An associate at an anonymous regional cpa firm</p>
<p>Not filling to avoid taxes you knew you owed could result in a criminal charge. That being said it is difficult to say whether or not she owes taxes. She could have owed nothing and not needed to file. If you know she owes taxes and did not pay then you can file the form and it is likely she will be audited.</p>
<p>
</p>
<p>Njwink, I don’t see anything here that would automatically exclude her as the custodial parent for FAFSA. The custodial parent isn’t required to have paid most of the student’s expenses or have the student live with them “most of the time”. In a case like this, the following rule applies:</p>
<p>
</p>
<p>From what you’ve written, it sounds like the students lived with neither parent but the standard is the parent lived with the most so spending a few days with mom during holidays could make a difference. It sounds like the mom is/was supporting the students via her 25% contribution and school costs are included in the definition of support. Child support is income to the custodial parent and is reported on FAFSA as untaxed income.</p>
<ol>
<li> That is/was not the living situation.</li>
</ol>
<p>Student #2 lived solely with the father for the past three years (sophomore, junior, and senior years), and he paid most of the child’s expenses. </p>
<p>Student #1 hasn’t lived with either parent for the past three years, and the father certainly paid the more of the child’s expenses than did the mother, therefore the following section of your statement applies: If you did not live with either parent or lived equally with each parent, the parental information must be provided for the parent from whom you received the most financial support during the preceding 12 months or the parent from whom you received the most support the last time support was given. </p>
<ol>
<li><p>I never suggested the mother wasn’t filing taxes - and no, the dependent status on tax forms doesn’t apply to custodial FAFSA parent status.</p></li>
<li><p>I pursued this matter as far as I’m willing to pursue it. As far as I’m concerned, it was the job of the financial aid offices to pursue. My intention in posting is to point out the holes that still exist. It’s frustrating for those who follow the rules and file honestly.</p></li>
</ol>
<p>“When I asked about it (politely of course) my mother-in-law told me that she just didn’t include information about their assets and that she hadn’t filed taxes since her husband passed away to avoid estate tax”— original post info </p>
<p>Note the last clause and read carefully. She did not file a tax return with the intention of evading estate tax. If she owed estate tax and did not file this is potentially a criminal offense and definitely a civil offense. I know nothing about financial aid but I know quite a bit about tax law. If the above statement originally posted is true then this is tax fraud. The IRS will punish her for misreporting even if the FAFSA people wont.</p>
<p>it appears to me that you are just looking for a way to mess things up for your sister in law. thank god your not related to me. i have enough snakes in my backyard who would want another one like you in their lives.</p>
<p>It definitely doesn’t look right what they are doing-but that doesn’t mean that you need to do anything about it. The fact is that the rules for getting financial aid are in my opinion not completely clear. Them being on social security could mean a whole different set of rules apart from other people.</p>
<p>You mentioned that you don’t want to ruin things for your sister in law, then don’t do that. If you make a fuss you could cause an investigation and a huge family squabble that will take a whole lot to fix, if it will even be possible.</p>
<p>If anything it would make sense to talk to your sister in law. She is the one that you are worried about. Tell her all that you are worried about. Let her know that you fear serious legal ramifications on down the line. She is old enough to do something about it if she wants to.</p>
<p>I would imagine that at some point you mom in law is going to have to deal with some stuff monetarily because you can’t just avoid estate tax forever. They might not actually be in as good shape as you think they look.</p>
Marie hasn’t posted on this forum or been active on it since 2006.
Please use old threads for informational purposes only. closing thread