If you feel confident that you meet the definition of FAFSA ‘separated’, go for it. You’ll still have to deal with CSS.
There are no FAFSA police, but any school can ask you to verify the situation. If the parent checks ‘married’ on her forms, they might question why she’s filing as HOH. Sort of a big risk to save a couple thousand on the health insurance.
A person who is technically married on 12/31, must file federal taxes either married or MFS. Only a decree of divorce will allow you to file Single, and her HoH. She should get advice on this.
Thankfully we have coverage for domestic partners. No need to be married, but you do have to live together as a family unit.
The only time I’ve ever seen a married (not separated) person be able to file HOH is when their spouse lives in another country. I don’t think it’s correct for your wife to file HOH and for you to file Single. Seems like “married filing separately,” is the more appropriate way to file.
Aren’t there some circumstances in which a married person can file HOH?
Still…if the parent is married…and files HOH, it’s likely the school will verify this…because it’s not the usual situation.
You really should be asking an expert about this. It may depend on the laws of the state where you live. You should also consult a tax attorney. I think you’re asking for an audit with that Head of Household filing. And a special needs trust is involved too? For crying out loud - go see an attorney qualified in trusts, estates, taxation and elder law.
I shall be taking some of the good advice I have received from here and will consult with the college’s financial aid department.
Meantime, Head of Household for married taxpayers is an option if you fulfill 5 conditions; my spouse does, but I do not. From the 1040 instructions:
Head of Household - Married persons who live apart.
Even if you weren’t divorced or legally separated at the end of 2017, you are considered unmarried if all of the following apply.
And thank you everyone who suggested getting expert advice. I have consulted with various attorneys and accountants and feel very confident about the options available with the IRS, although it does create an anomaly in that a couple can simultaneously be married and not married. I threw in my Single question in case somebody had seen a different way to skin this cat.
The tax filing status and who to include on the FAFSA are entirely your decision. You aren’t going to be able to claim ‘the people on CC voted and at least 10 of them said it was okay’ when you are audited or selected for verification.
It is your wife who is taking the risk. You are married filing separately which you are entitled to do. Your wife could be audited or selected for verification. You wanted the benefit of being married (cheaper insurance) but now must live by the rules.
Yes, as OP points out in post #25. It’s a fairly limited set of circumstances.
This is not true, as previously explained.
@twoinanddone and others. I may have miscommunicated in prior posts. I’m not trying to pull fast one or get away with anything. I was well aware of this issue when I married and I have no problem living by the rules. My questions concern the interpretation of those rules. The reasons we got married were actually much more complex than just health insurance (that was certainly a factor but it was a bit of a throw-away line) but the intent and desire to remain as two separate individuals, physically, financially, etc. was always there. Additionally, I always intended to declare my countable assets and then plead the special circumstances of my case in attached letters and if need be have a second attempt with an appeal. However, I recently discovered that FAFSA help wording which intrigued me as to its interpretation. I have found some people here who have experience of similar cases and their input to consult the college first seems to be excellent advice.
We walked into this with our eyes open cognizant of all the risk and factoring it into our decisions and actions. If we get dinged, we get dinged. I don’t think it fair but … c’est la vie, c’est la guerre.
If this kiddo is currently a college student…the best place for an answer is at HIS college financial aid office. They will be able to tell you how they deal with spouses of bio parents in terms of financial aid. Ask there…because all of,this might be a non-issue depending on what they say.
Where is the bio dad?
@BelknapPoint you are correct. I did not follow section 2d over to 7703c. I never look at instructions, just he code and regs.
OP isn’t doing anything “wrong” if this is for health insurance. As long as they are legally married, you can get coverage if that is what your employer requires. It’s not like the green card rules. Some folks stay married instead of divorcing just for that. But i worry you might be getting a worse result with MFS/HoH than MFJ. If it does not impact FA, you may want your advisors to look into that.
Sounds like “it’s complicated”. Good luck to you all!
It is actually be the health insurance that may hang you up. To keep from being charged the couple of thousand dollar Lars for the college’s health insurance plan you will have to show proof of adequate health insurance. You have to put down whose name the policy is under and the relationship to the student .
This is where you are going to get the flags- parent filing single/unmarried and having to provide insurance for a child that is not theirs.
Even if they were domestic partners remember private schools can ask for anything they want when it comes down to their money. They may ask about the domestic partner or in this case the spouse. Bigger flag will be student and parent did not file financial aid forms stating there is a spouse.
I don’t think the health insurance will be a problem. For my kids I just checked that I didn’t want it. Neither school wanted to see the policy. I know some schools do, but if the student has it, I don’t think it will be unusual if it is in a different name. May kids have different names than their parents.
I know my D’s undergrad and law school asked for proof of my insurance to the extent that It had to be sent by my comoany’s hR department( I had changed employers when D went to Law school and had to take a day off to go to my HR department twice- once for law school and again after she graduated because she wanted to stay on my plan until she was 26 because my plan was better than her employer plan)
My HR director was amazing and took care of it because she and her husband put 4 kids through the same undergrad.
I know different schools ask for different things. I have had students where the process was very simple and others, not so much.
There are alot of red flags here. Ultimately it feels like it will be the colleges decision if the “recent” (OPs words) marriage will change the situation.
My gut says yes it will for private colleges or colleges that utilize profile since tax filing doesn’t always correlate to what those colleges consider “family” and it feels that by marrying the student’s parent the OP is now part of the family financially regardless of how they choose to live or file taxes or which spouse pays the insurance, but you just never know so best to ask.
I have a sib who lives separately from family and has for several years now because of work situations, they also have a very complex tax filing situation but for the purposes of colleges they are married because technically they are married…with two homes, two address, completely separated finances, passports, driver’s license, car insurance and voting registration that reflect each living situation and the whole shebang. The spouse with the “better” health insurance covers the kids but again from the college purposes (and they have several in college now), they are married. One spouse is paying college for 2 and the sib is paying college for two. I have teased them in the past about getting legally separated until the kids are done with college, but it begs the original question of why get married now instead of when the student in question graduated.
@sybbie719 The health insurance shouldn’t be a problem because I am the one glomming off my spouse’s insurance via her employer.
@Thumper1 Biological father is involved and has been contributing to college costs all along. No angst there.
@momofthreeboys Recent is less than six months.
I did call the college. It took a bit of work to get past the gatekeeper to an actual FA officer. I explained the situation and said that one of the issues was that I could not proceed with the CSS/Profile app (if you’re married then it insists that you must be living with the student). She said use a status of separated and explain in attached docs exactly what is going on. They would look at those and have me redo things if appropriate. They seemed sympathetic to my special circumstances. Then again it wasn’t a long conversation and she didn’t ask many questions.
My impression is (I have never done this before) that for a private college FAFSA is not really used. How much does it matter if a verification is asked for or if indeed I am pulled in like any normal stepparent by FAFSA? Will that have any effect on the college’s evaluation of the CSS/Profile?
You are dealing with Harvard. The school doesn’t want to lose a good student…and they do have pretty deep pockets. BUT they also have seen it all in terms of folks trying to not be counted when they should be.
I just can’t imagine they won’t verify this kid’s financial aid documents. If your are filing taxes as married…and your “wife” is filing HOH but puts herself as married on the FAFSA…it’s just not all going to nearly like up.
It’s very possible that Harvard will use the two bio parents incomes only. I honestly don’t know their policy.
Just be very prepared to give them everything they ask for. Those requests will be sent to the student to the student email most likely. This student needs to make sure they check their email…and spam folders…for ALL correspondences…and not ignore them. Please give the kid a “heads up” that this is something he needs to be on the lookout for.
If a school chooses to verify the kid’s financial aid applications…NO AID will be disbursed until all of the requested verification documents are submitted…and reviewed by the college…and a decision made.
So…make sure The student keeps an eye out, and let’s his mom…and then you…know what exactly they need to send.
TBH, The Profile should have been completed by the custodial parent…indicating married as the status…and then including your information…in my opinion.
I’m very surprised that they told you to indicate you are separated. There are other families who live apart for a variety of reasons…one parent has a good job elsewhere, or abroad…and the other parent and kids don’t go, for example. They would still be listed as married.
But…just be prepared…and it sounds like the school will work with you.
Maybe your income and assets aren’t really significantly high to make a difference anyway. If they were, you’d be able to pay your own health insurance premiums 