<p>Again, I'm not purporting to give legal advice. Having said that, one reason that people stay married is that if you file JOINT tax returns, the high income parent may end up paying a LOT less in tax. Not only do you get the benefits of being married, the kids count as deductions. (Since the changes in the tax laws many moons ago, the higher income parent cannot claim a tax deduction for kids he/she supports who do not live with him/her.) </p>
<p>In terms of FAFSA, yes, it is my understanding that in MOST cases, if the custodial parent has low income, it's better to be divorced. In terms of Profile schools, it usually isn't. For the NON-custodial HIGH INCOME parent, the extra tax may be more than the higher cost of room and board.</p>
<p>Again, the OP's friend should go to an attorney. Letting Daddikins get the tax benefits of being married and declaring his kids as dependents while allowing him to refuse to pay any college costs is...to be blunt...STUPID.</p>
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<p>Again, the OP's friend should go to an attorney. Letting Daddikins get the tax benefits of being married and declaring his kids as dependents while allowing him to refuse to pay any college costs is...to be blunt...STUPID.<<</p>
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<p>But then parents in non-divorced situations can't be legally forced to pay for college. There is no legal duty to pay in the absence of an agreement. If there is no enforceable agreement in the divorce, there's no basis for a lawsuit.</p>
<p>"But then parents in non-divorced situations can't be legally forced to pay for college. There is no legal duty to pay in the absence of an agreement. If there is no enforceable agreement in the divorce, there's no basis for a lawsuit. "</p>
<p>Who said anything about a lawsuit? I'm only suggesting that she see a lawyer who specializes in family law. Among other things...the amount of tax you have to pay on a high income is different for a married man filing a joint tax return with a spouse who earns very little income and two children than it is for the same person who is married filing separately with no dependents. Anyone CAN file a single return. If the OP's friend does this, based on what has been said here, it's probable that the amount of fin aid her child will be offered by colleges that base it on FAFSA only will be higher than if she files a joint return. However, if her child is applying to PROFILE schools, filing separate tax returns will increase the total amount of tax paid by husband and wife COMBINED and will not change the amount of fin aid received. </p>
<p>Sometimes, it is possible to negotiate. W can say since signing a joint tax return saves the H $X in state and federal income taxes, I want some portion of the taxes saved to go to college tuition. If you don't pay any part of college tuition, I'll file a separate return. I had a friend in college a LONG time ago who went through this every year. Dad was extremely wealthy but cheap. Parents had been separated more than 10 years. He did not want a divorce because it would have cost him a LOT in income taxes. Every year, her mother would refuse to sign a joint return until dad paid her a portion of the $ he saved in taxes and she used part of that money to pay college tuition, room, and board for my friend. </p>
<p>Of course, the tax treatment of alimony and child support figures into all this..and the father in this case lives in Canada. I don't purport to know anything about Canadian law. But it may be that in Canada too being married impacts dad's tax bill. So once again, I suggest that the OP's friend go see an attorney. It may not be possible to force him to pay for college by threatening a lawsuit, but it may be possible to use the leverage of refusing to file joint tax returns in order to improve the FAFSA to get dad to pay something. I don't know...but this woman needs professional advice. </p>
<p>She should NOT just go ahead and file separately without talking to him. If she does, and he then gets a much higher tax bill, he may cut what sounds like voluntary support. If there's no support order in place or if it's conditioned on filing joint returns--they often are--she's going to be in more trouble. </p>
<p>It's been years since I handled any divorces, but I seem to recall that if the couple lived in Wisconsin throughout their marriage, Wisconsin law would apply to the question of whether the father owned child support past the 18th birthday of the daughter.</p>
<p>If that's the case, the news isn't good, according to the web site from the Wisconsin state government:</p>
<p>"Child Support - What the paying parent needs to know, Part 3</p>
<p>"When Does Child Support End?
"When will my child support order end?
"Under Wisconsin law, your duty to support your child continues until age 18, or until age 19 if the child is still enrolled in high school or pursuing a high school equivalency course (GED). 'Emancipation notices' will be sent to you and the other parent 90 days before a given verified date of graduation or the 18th birthday of your youngest or only child. </p>
<p>"Even if your order for current support ends, you will still need to pay all past-due support and past-due fees you owe (if any). Income withholding will stay in effect until your past-due support is paid."</p>
<p>The mother should check with a Wisconsin family law attorney to be sure, of course.</p>
<p>This thread pulls me in different directions. One the one hand, I would hope that parents would do all reasonably within their power to send their children off to college. On the other hand, I feel strongly about my own circumstances years ago when I headed east for a private college. My family was not under financial stress but in 1970s America that meant that you were just keeping up. I could hardly ask my parents for Ivy League tuition money. However, my good high school grades were rewarded with significant scholarship money. Moreover, I had a part-time job every semester on campus, which I supplemented with full-time work during the summers. That experience is the basis of my belief that college students should be responsible for a substantial proportion of the cost of their education.</p>
<p>Clearly, the circumstances are more challenging when divorce is factor. But sometimes the parents and the children just have to engage their collective will and efforts to achieve their objectives. Even when one parent is absent or is a detriment.</p>
<p>can’t offer much to this thread because we are still trying to work out the kinks of the FAFSA for my S, but I just wanted to chime in, man, what a horrible situation to be in!! Best of luck to your friend and her D.</p>