Payment of financial errors made by college

Hello,
Recently, my wife completed requisite courses for her nursing degree. We are a low income family and she received a Pell Grant for part of the tuition.
She gave the college all of our correct financial and tax information, and the college wrote the grant application.
Now, after her coursework is done and she is attempting to switch schools, they are withholding her transcripts saying that she owes them nearly $4,000.
They made a mistake in the application involving a one time cash payment of my 401k that we used to purchase our home. It is viewed as income, even though we never actually saw the money.
We do not have &4,000. There is no way for us to get $4,000. We are a new family with two children with a lot of debt and no savings.
Even by paying this in monthly payments, it would take years, and they will not release the transcripts until it is paid…essentially holding my wife’s education hostage.
I am very angry. She is an immigrant and sees this as how America screws people who cannot fight back…and I totally agree.
We have tried to be civil, and make a payment plan, butThey are being incredibly non-negotiable considering it was their error.
Also, didn’t they get the money from the federal government originally? The grant didn’t come from them. The government paid the school, so why do we owe the school? If anything, shouldn’t we owe the government?
Is there any recourse for us?

Unfortunately, money that you withdraw from your 401k us taxable income (the error was on your part, because you needed to add it as income not only on your taxes, but your FAFSA).

If this additional income put your wife in the position that she was no longer Pell eligible, the school had to pay back the federal government, and she has to pay back the school.

Unfortunately, holding a students records/degree is the only recourse that the school has to ensure that they get their money. If they did not do this, they would never get paid.

Does your wife work? She may have to get a job to pay off her debt before it goes to collections

Did you get your home? That’s where you “saw the money”; you got something for that withdrawal.

When you purchase property, nowadays, no one really sees a check-everything is moved electronically.
I was told that when you take anything out of a retirement account, before retirement age, even if you don’t “see it”, it is taxable the minute it leaves the account.

The purchase of your home put you into a different financial category. From personal experience, I can tell you that A LOT of low income families don’t have 401K accounts, nor the ability to purchase a home. Those Pell Awards usually go to the lowest income people, who don’t really have the means to purchase nor liquidate “property”.

She can contact the financial aid office and ask for a payment plan; it’s all about how politely you ask.

There are other countries that don’t provide ANY aid to their students. There are other countries that “screw” their people worse (think Syria).

If the US is so terrible for her, I imagine she could choose to return to her country and live and be educated happily there? No one is forcing her to stay in the US?

Can you borrow the money from your 401k? If not, the best you can do is make a payment plan.

The reason your wife owes the school is because they had to repay the government. Sometimes, colleges will release transcripts early, but they generally don’t to people who made an error in their financial aid application then complain that the college and/or government is “screwing” them. I understand that it’s difficult to know all the rules and it seems unfair, but when colleges find errors they’re required to correct them. It’s not their fault that you didn’t know.

Is your wife working? Can you reduce the payments on your other loans to pay this debt down faster?

When you withdraw money from a 401k retirement account…it is counted as income.

Remind your wife that any years money was taken from your pay and put into that account, it also reduced your taxable income for those years…thus saving you money along the way.

You bought a house. That is how you “saw” your money. It’s not like it evaporated into thin air without any benefit for you and your wife.

Also, I don’t know the exact formula…but seems to me that losing $4000 in Pell would require a sizable withdrawal from that requirement account.

Do you have access to an inexpensive financial planner? Someone in your community who does financial counseling at no or reduced fee?

You were given bad advice to withdraw money from your 401K. That was the beginning. Then you were given bad advice when you were not warned that the withdrawal would have financial implications on your taxes, your financial aid, and most important- your retirement planning for the future.

I don’t know why your wife is trying to transfer schools, but whether she stays at her current college or transfers, the money you owe is going to be a problem regardless.

I’m not sure that buying a house was a smart move if you are low income, one spouse in school, Pell eligible. What happens if you are injured and are out of work? What’s your financial cushion?

Get some professional help to sort out your finances. Then approach the financial aid office to work out a payment plan, showing them that you’ve got a long range plan to pay back the Pell funds.

Is this a for-profit school btw??? I’m worried that you are entering into financial obligations which you don’t fully understand. Did you have a lawyer helping you with the home purchase and did he/she explain the HUD and other financial documents you signed???

How much equity is in the house? Can you get a home equity line of credit loan for $4000 to pay off the school? Is this a for-profit school? Can you or your wife get a second job?

I would think at least $10,000.

Could you have taken out a loan against your 401k instead of taking a withdrawal?

Also think about how long it will take you to replace that money.

When you apply for financial aid, on the FAFSA you have to sign with your FSA ID that all information is correct.
If the school helps to fill out the FAFSA, the student still needs to check if it’s correct. The school is not responsible for it, the student is.

If a mistake was made and you receive Pell money you are not entitled to because income that was unreported caused the EFC to go up, the school has to return the aid and you owe them for the classes attended.

You have no choice than to make payments on this debt, so that your wife can finish the degree once it is paid off.

Can she work a a personal care aide on the weekends to earn money, while you watch the kids?

It’s not a mistake on the part of the school, but … I have a different take on this. Did you use the 401k withdrawal to purchase the home? If so, can you provide documentation? In this case, I would suggest trying to get a professional judgment from the school, asking them to disregard that income since it was used to buy the house. They might not grant the PJ, but it’s worth asking. I’d start there …

The reason that people put money into retirement accounts is to defer the taxes and let the money grow tax-free. If you withdraw retirement funds to purchase a home, the deferral is over, it’s considered income in the year you withdrew it, and you are taxed on that income because you didn’t pay tax on that money in the year invested. I understand it’s frustrating to learn this now, but it’s not the college’s fault. It was an unfortunate mistake in tax planning on your part.

You could have taken the money out as a loan, but many plans only give you 5 years to repay the loan via monthly payments, and if leave your company, you may be required to pay the balance within 90 days. If you don’t, it becomes a withdrawal and you’re hit with taxes and penalties on the amount still owed.

You say you have a lot of debt and no savings, but I suspect most of your debt is your mortgage, correct? Otherwise, you would have had a difficult time getting a home loan with significant debt and no assets.

One of the great things about buying a home is that you will get to write-off for the mortgage interest which usually results in a sizable tax refund over what most people are used to getting back. I’m not sure what it would mean for you if you are in a very low tax bracket, but sometimes the taxable income from a retirement account withdrawal will be a wash with 401K withdrawals after you deduct the mortgage interest if you plan correctly. For instance, if you withdraw $10K and have a $10K mortgage interest deduction, your taxable income would be a wash. Since you were taxed, it sounds like you borrowed more than your mortgage deduction, but we don’t know. Talk to a tax planner to make sure your taxes were done correctly.

Another thing to consider . . . . . If you’re expecting a large refund next year due to the mortgage interest deduction, consider claiming additional exemptions if you haven’t already. I believe you can claim up to 10 exemptions without having to provide documentation on why you are claiming that number. Many people do this rather than wait a year for a big lump sum refund, but you need to talk to a tax planner to make sure you pay in enough tax to cover your predicted tax liability for the year while claiming enough exemptions to allow you to take home as much as you can every month. This may help you pay off the $4K sooner.

Someone also mentioned seeing about getting a small home equity line of credit. I’m not sure you’d be eligible, but it’s worth looking into.

Best of luck.