<p>I have received some mixed suggestions as to how should I go about filling my FAFSA. Here is my situation (note I am a sophomore at this time, asking on my sister (who is a junior) and my behalf):</p>
<p>My parents got divorced when I was 5 (a common thing nowadays). My mother was given primary residence and both had joint custody. My father paid child support (500 every 2 weeks) up until just 2 months ago, when there was a court legal change (I will now explain why). </p>
<p>To put it into a few sentences, my mother was unbearable to live with. She was abusive and neglectful. She hadn't had a job in 4 years and we often had no power and water, the bare necessities. I discussed this with my dad and this summer we were lucky to have an Emergency hearing to try and get custody away from her. I, as well as my sister, wanted to live with my grandparents. The judge ruled (I believe) to give the grandparents temporary custody and now I live with them. I'm unsure the exact wording of the case since this is only a temporary matter, however, mediation is supposed to be soon. Thus, I am unsure whether my father still has some custody of me or not. (My mother does not.) </p>
<p>Finally (sorry this is so long, but I feel it is necessary I explain every detail for the most accurate advice), how would I fill out my FAFSA form? I spoke with a woman who said I would have to fill out as an independent and then try to get a dependency override? What are the logistics of this, and how does this affect my financial aid? No one has saved up for my education so I will have to rely purely on fin. aid and scholarships. Or would I put myself as dependent and put my grandparents (my temporary guardians) income or my fathers? I ask this because my father does pay child support and I am concerned that, if I have to put his information, I would thus have to put his wife's (my step-mom's) income which would greatly decrease the amount of aid I would receive. </p>
<p>Please, any assistance would be greatly appreciated.</p>
<p>A dependency override is sought when a student is DEPENDENT and wishes to be considered independent. If you are already independent, you do NOT need a dependency override. </p>
<p>The thing you need to find out is if your grandparents were designated as your legal guardians. If so, then you would be independent for financial aid purposes. If not, then the parent with whom you reside greater than 50% of the time for the tax year of your FAFSA would be your custodial parent. Your sister will be applying for college admissions for fall of 2014, right? That means that the parent you reside with in 2013 will be your custodial parent. </p>
<p>If you are placed in legal guardianship to someone other than your parents, you would be considered independent for financial aid purposes.</p>
<p>If your sister is not in a court-ordered legal guardianship with your grandparents, she is going to have to use dad’s (and stepmom’s) income. This is because, even though you do not live with your dad, he is in your life … and he is bio parent who is contributing the most money. Although some financial aid offices might decide to make her independent, your case does not really fit the criteria for a dependency override. Your dad is in your life, and he does contribute money for your well-being. Whether or not he chooses to contribute money for college is not relevant - the fact is, your relationship with him is not irretrievably broken. I know it’s not fair, but it’s how it works.</p>
<p>@kelsmom, do you suggest that my dad should pay for the child support in cash possibly then? or a way that is not documented? That way it won’t be reported. My grandparents are both my sister’s and I’s legal guardians and my dad has no guardianship. It is technically called child support even, it’s just my dad paying my grandparents 500 every two weeks (through direct deposit,there is no income deduction). There is no court mandate he must pay technically speaking, though he will.</p>
<p>Since your grandparents are your court-appointed legal guardians, you will qualify as independent when you file the FAFSA. You won’t need either parent’s tax info to file it.</p>
<p>Kelsmom should be able to tell you if any child support or cash gifts from your dad to you need to be reported. If the money is going to your grandparents, I don’t think it is. In any case if it must be reported, cash, check, or credit card is all the same and the amounts would need to be listed.</p>
<p>@kelsmom, do you suggest that my dad should pay for the child support in cash possibly then? or a way that is not documented? That way it won’t be reported. </p>
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<p>I would never suggest doing anything like this. The thing is, the regulations are clear in that a parent is a parent even if he isn’t a great parent … and his income/asset info is necessary for a student to get aid. There are instances in which a student cannot be with her parent(s) due to issues of safety. These are the instances in which a dependency override may be granted. It sounds like the situation with your mom qualifies. However, the situation with your dad … you did not indicate that there are any issues of safety with him. He gives money to your grandparents, so he is not “out of the picture” - you do have contact with him, or at least a way to contact him. It would be tough to get a dependency override with your situation.</p>
<p>However, if the guardianship is really “court-ordered,” and if that guardianship order is still in effect at the time your sister files the FAFSA and/or up until she is 18, she will be automatically independent for purposes of federal financial aid. She will not be asked to provide parent or guardian info on the FAFSA. The regulations read as follows:
“Emancipation and legal guardianship (53 and 54). Students are independent if they are, or were upon reaching the age of majority, emancipated minors (released from control of their parent orguardian) or in legal guardianship, both as adjudicated by a court in
their state of legal residence at the time of the adjudication.”</p>
<p>My grandparents are my court-appointed “legal guardians”. They have temporary guardianship of my sister and I until we each turn 18. My father and mother have no guardianship of me anymore. The final case (because the original was an expedited case) is still being completed and I will mention to my dad to make sure it states clearly that my grandparents are my legal guardians, which was decided in the expedited trial.</p>
<p>Sounds like one of the rare cases where you will be considered independent. When it’s time to apply to college make sure the legal paperwork showing this is available to you.</p>
<p>No, temporary guardianship is not the same thing as full, court-ordered guardianship. Temporary guardianship is not the kind of guardianship that allows a student to be considered automatically independent. Schools do request a copy of the court order from the student to verify the guardianship.</p>
<p>OP originally said temporary custody and later, legal guardians and temporary guardianshp. There can be a difference between temporary legal guardians, where there is either a fixed period of time or a target end point (eg, a court date for some purpose or a student who will finish a program) and permanent legal guardians.</p>
<p>Does it change things if they are temporary? Or is it a matter of who has whatever sort of guardianship, at the time OP files for aid?</p>
<p>Yes, it does change things if it’s temporary. The kinds of guardianship situations that don’t allow the student to be considered independent include students whose parents are overseas & give guardianship to someone in the states, students who live with others (doesn’t matter if it’s a relative or a friend) in order to remain in a particular area, students who live with relatives because it’s more convenient … that sort of thing. When you look at the court order, there is a place for an expiration. The permanent court ordered guardianship paperwork will have a judge’s signature and there will not be an expiration date. It’s been awhile since I reviewed one, but I recall that it was easy to tell which qualified & which did not.</p>
Hi; I know this discussion has been dead for a while; but I need to know something. My son was placed in legal guardianship with his grandfather because he is living in the States while his parents are overseas. The court order says ‘Temporary Letter of Guardianship of Minor’ (although it’s permanent guardianship for the purposes of medical insurance), but there is no expiration date. He was placed under guardianship when he was 16 and it was my understanding that the guardianship would continue until he turned 18. Does that mean he should be considered independent as applies to the FAFSA application or dependent? He already filed for FAFSA as an independent; if this needs to be changed I hope he can still make the changes somehow before aid is awarded.