<p>Hi, my dad and my step mom were having a lot of drama and they have been living apart for about 8 months now. I filled my fafsa and just put my dad and i in our household. however, my school is asking me for a proof of their divorse or separation... well, here's the thing they have not done anything about it because they think they might go back in the future, and they filled their taxes separated (since their fights where always about money) my dad as head of household with me as a dependent, and she as single. I talked to my school and they said there was no problem, but since they didn't have something to actually proof that they are living apart (she lives with her dad, and all her bills and stuff has my apartment's address, except her taxes; she put her dad's address) i had to put them both in my fafsa (this time through a verification sheet). So, i am wondering, if i do this, will they have any problems with the IRS because they filled their taxes that way, and now fafsa will appear as like they are part of the same household?</p>
<p>They are not legally separated or divorced so they are part of the same household for FAFSA purposes. Your mom’s income and assets will need to be included in your FAFSA. </p>
<p>Your parents need to consult a tax professional. Not sure why your mom filed as single since she is not and would pay higher taxes that way. If they were trying to game FAFSA that is not going to work as you’ve seen. </p>
<p>You need to talk to the FA office right away and your parents need professional tax advice. Pick up the phone and call the FA office.</p>
<p>^^^</p>
<p>You do not have to be “legally separated” to be separated on FAFSA. If your step-mom is living elsewhere, then they are separated.</p>
<p>Everything I have read suggests there does not need to be a legal separation, but perhaps the school may feel that something is not on the up and up here. Are you saying she has not changed her address for anything except the tax filing? </p>
<p>The proper way for them to file taxes would be married, filing separately. If they filed as single, then that is incorrect.</p>
<p>I think you should ask your stepmom to get some things in her name using her current address…such as changing her address with her bank, and other things.</p>
<p>I wonder if the school is suspicious because it has had cases of “remarried parents” pretending to be separated from new spouses so that those incomes won’t count.</p>
<p>The school may be suspicious because she is living with another family member and there is no evidence of any rent being paid etc. I would think some formal documentation of her contributions to that household would help prove your case (does she pay some of the utilities even though they are not in her name?).</p>
<p>I would suggest having your father talk to the financial aid office. I don’t think FAFSA requires a legal separation but I think the fact that you say they might get back together in the future really hurts them because it’s not supposed to be a temporary situation.</p>
<p>Would the stepmother’s family (with whom she resides) be willing to sign a notarized affidavit stating that she is residing there and will be continuing to do so?</p>
<p>It was okay for dad to file HOH if they lived apart for the last six months of the year. But Stepmom should have files married filing separately. It is not too late to amend that tax return.</p>
<p>Mom must provide SOMETHING proving that she resides elsewhere. December bills with the other address are ideal, since they prove that the parents were not residing together on the last day of 2010. She must have some bill that indicates another address. Does she have a driver’s license? Did she change that? We actually ask for the driver’s license & a bill or other proof of separate residences.</p>
<p>What address did she use for her income tax, did she change her drivers license, did she open a new bank account, is she paying any bills (that show an address)…did she switch any credit cards into her name at her new address etc.etc. Unfortunatley there are families that have to live apart because of a job or other things and they are still married. Separate means…separate as in separate finances, starting to establish a new life separate. They don’t need to have legal documents establishing the separation for one parent to file a FAFSA but they do need to show that they are changing the situation.</p>
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<p>This could be what is causing the disconnect (especially now that the FAFSA can be crossed checked with the IRS). If your parents are not divorced, they should have been filing married, filing separate.</p>
<p>Your stepmother is not eligible to file as single and your father if still married may not be eligible for head of household status</p>
<p>According to the IRS</p>
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She’s not allowed to file as single. But if she did, her taxes would be lower, not higher.
Yes, I would think schools would be all over this. Honestly, if it were allowed, I believe that many parents would go this route. The reward would be too great to pass up.</p>
<p>I suspect this is an area of FA that will come under much greater scrutiny now and into the future. The margin for error is so much more expensive now and the temptation for people to cheat is so much greater. </p>
<p>Also, since some families are forced to live apart for work there is an increasing number of people falling into a grey area that will need to be sorted out. I can imagine that at some point in the future the living separately but not divorced option for FAFSA filing will go away and kids will have to file with whatever their parents legal status was as of Dec. 31st.</p>
<p>I talked to her the other day, and no. she has nothing there… no bills, no cards, no license we even get stuff from her job in our mail… i mean. i really don’t care about finaid, i just want my loans… i even get a merit scholarship, and my mom gets me money once in a while, so it helps for my personal stuff. the thing that worries me is them getting in trouble for this. My dad and his wife are working their stuff out and it would be really annoying if the IRS starts getting on us because of my college is scrutinizing us. Anyway, how can this situation be solved? Changing the fafsa and put the 3 of us in my household should be enough to take care of this?</p>
<p>Jack, if your college wants proof that your mom is living elsewhere, you will need to provide it. Call them and ask if a notarized affidavit from the relatives she is living with will suffice. I would guess that the college would want this to state when she moved in and how long she intends to stay there. They will need to be HONEST about this. </p>
<p>If your mom has taken no steps to create a separate residence, I can see why the college would wonder why only one parent is listed on the FAFSA.</p>
<p>The way they filed their taxes should suffice. Just send a copy of the signed 1040 with the status circled.</p>
<p>That actually won’t work. One of the things financial aid officers get stuck doing is having to verify that the filing status is in fact correct. If a still-married parent files as head of household, we have to actually collect documentation that proves different addresses on the last day of the year. It is a common issue, and we hate being the IRS police.</p>
<p>What constitutes proof, Kelsmom?</p>
<p>I work in a school and we need to verify residency frequently. There are times when someone is legitimately living with relatives and don’t really have mail or utility bills in their own names. We ask that the relative sign an affidavit verifying that the other relative is indeed residing at their residence…and that it IS the residence of the person who says it is. Seems to me this OP’s relatives could do this for her mom.</p>