Non-Custodial Description Confusion

<p>^ I agree with @mom2collegekids‌ . “Separated” must mean in the legal sense, not an intact family that happens to have people in two different houses. Rule 1 applies to OP: “1. If the student’s biological or adoptive parents are both living and married to each other, then all of the parent questions on the application apply to both of them.” “Separated” is thus defined to contrast with “married to each other.” Nowhere does it say or imply that married must mean “living in a single house together.”</p>

<p>^</p>

<p>Right…“married” does not mean must be living under the same roof…it doesn’t matter where your pillow is. </p>

<p>However, to clarify, “separated” doesn’t necessarily mean in the “legal sense”. When a couple does “separate” (marriage in trouble), and one moves out, they do NOT need to have a legal separation in order to file as “separated” on FAFSA. </p>

<p>It’s not a matter of opinion. You put it down and let the financial aid officers at colleges question it. Not likely to happen. The HOH thing is clearly a violation if the father in this case were here in this country in previous years, and the IRS definitely does not look at separation as merely having two residences and each spouse claiming one as primary with a marriage on the rocks. The problem with the stipulation that some are making here, is that proving them one way or the other is not going to be easy. It’s really up to the student to decide how he wants to interpret this, and what info he wants to share with fin aid if questioned. </p>

<p>If I were the financial aid officer handling this situation, I would consider the parents “married.” Separated does not mean physically separated … it means separated in terms of a breakdown in the marriage. In terms of HOH, I would request documentation or a signed statement indicating that the parents qualify for HOH filing status due to (cite the reason here, which must be consistent with the tax code).</p>

<p>Would you request additional info if the submitted tax returns show HOH ?</p>

<p>^^
Thanks @kelsmom …glad you chimed in! :)</p>

<p>It would be my responsibility, if the student was being verified, to collect information that shows that the parent could legally file as HOH. This is because it is considered conflicting information if the parents’ marital status is married and the tax filing status is HOH. As long as the parent can show that she was eligible to file as HOH, I would accept that as documentation that the status is correct. </p>

<p>Don’t get me started on the whole IRS-accepted-the-status-so-why-won’t-you thing … so glad I only work with grad students now! :)</p>

<p>Agreed that if there were conflicting info. BUt if student checked off “separated” and the IRS form showed HOH, there would be no question, most of the time. </p>

<p>You don’t get any issues with grad students and IRS vs FAFSA conflicts? I guess that the parent info isn’t included makes for it to be simpler. Glad it’s easier, glad that you are glad. </p>

<p>You are correct … in that case, there would be no conflicting info.</p>

<p>Nope, no conflicts … yet. Never say never! Few of my students are actually married, so that helps. The truth is, though, that the lack of subsidized aid makes grad students a less-likely population to be selected for verification. I didn’t have any last year … 1 this year. They aren’t getting sub loans or Pell, so selection is generally prompted when there is a big mistake or when they originally file an undergrad application for the award year. </p>

<p>While there are things that are easier when dealing with grad students, some things are harder … they are borrowing a lot of money, so financial literacy and loan repayment counseling/outreach are extremely important.</p>