Structured Settlement

<p>I searched the forum and didn't find anything solid.</p>

<p>My D was involved in an automobile accident a couple years ago that still isn't settled. She a SR this year. </p>

<p>The suit is approaching a conclusion, probably not this year but next. She'll be 18 next spring as well, so any settlement at that point could go straight to her. We have disussed the prospects of a structured settlement for her with the attorney. It seems as if she would still be hit in the financial aid area whether she would go with a lump sum or a structured settlement. Basically, the money that would go to make her life more comfortable is going to be earmarked for college at the rate of 20% a year if I understand correctly as an asset (SS) or 50% if she takes it as a lump sum, then 20% each year after that as an asset? One one hand, they would probably expect more in EFC from her than she'd be bringing in, and on the other, it would be there, but it 68% of it would be gone by her 4th year if it misses her SR year of HS.</p>

<p>I know the suggestion is going to be to contact an attorney, which we are trying to find a second one that will be an expert in this area (FAFSA Lawyer???). Obviously the one we have now isn't real clear on things. Apparently, not his area of expertise working with minors and FAFSA. He is the one that suggested the structured settlement as a way to keep the money out of her hands, but obviously that doesn't work. Our tax guy doesn't really know either, after all, it isn't taxes. I see in the FAFSA that it asks for all trusts, etc, regardless of whether the monies are accessible or not. Surely we aren't the first ones to find ourselves in this spot. Even annecdotally, what have others who have been in this spot done? I know her freshman year will be in the clear, but by sophomore year I think she's going to get hit. We're not talking about a lump value of hundreds of thousands here BTW, I am guessing that after everything is paid off like medical bills and lawyer, it will be in the $40-60K range, which while not a lot to many on CC is a lot for us. </p>

<p>I guess one point of contention is if it is an asset or untaxed income. If an asset, she could always just buy a car or something to make sure she keeps something out of it. I don't see how it could be considered income more than once, after that what was left would be an asset. Of course, if she has a trust worth $50K at the end of the year but has taken payments of $5K during the year, I guess she's hit for both? Don't know if she could assign it somehow to us as parents or not for a lower contribution rate? Or just bite the bullet and let the school gobble it up?</p>

<p>Late EDIT: Did anyone looking at this just decide to take the lump sum up front and invest it or do something else with it themselves? In that case, for the year in which it is received, did that mean that half of the settlement was alloted for EFC from the student?</p>

<p>Man, this is more confusing than the rest of the financial aid process combined, and that's saying something.</p>

<p>I have no idea how to handle your situation. So this notion may be way off base - have you considered setting up some kind of annuity with this? I know that retirement funds are invisible to FAFSA.</p>

<p>The other thing would be to not fret FAFSA so much, and speak directly with the financial aid offices at each of the colleges. Clearly this money is not being settled on her for her education, but rather to meet living expenses that are projected well into the future based on specific injuries in the accident. A college that can't get that is not a place your daughter wants to be.</p>

<p>Good luck!</p>

<p>I believe most structured settlements are set up as annuities and, as such, might not have to be reported. See Question 44 as follows:</p>

<ol>
<li>Net worth of investments. Net worth means current value minus current debt. Investments include real estate such as rental property, land, and second or summer homes. Do not include your primary place of residence (that is, your home). Include the value of any multifamily dwellings that you own, except that you must exclude the portion of the value of a dwelling that is your principal residence. Investments also include trust funds, Uniform Transfers to Minors Act (UTMA)/Uniform Gifts to Minors Act (UGMA) Custodial Accounts, money market funds, mutual funds, certificates of deposit, stocks, stock options, bonds, other securities, Coverdell savings accounts, 529 college savings plans, the refund value of 529 prepaid tuition plans, installment and land sale contracts (including mortgages held), commodities, etc. Do not include the value of life insurance and retirement plans (pension funds, annuities, non-Education IRAs, Keogh plans, etc.).</li>
</ol>

<p>Obviously, you should get legal and tax advice before pursuing this course. But, I was once given similar advice -- and followed this course -- but never got the opportunity to test it as it turned out we did not qualify for financial aid when the time came (just thought we might at the time the settlement decision had to be made). </p>

<p>Good luck.</p>

<p>I don't know what to tell you, but I have been reading a lot about trusts lately. Usually you have to report and declare the value of the trust...but one exemption (see finaid.com) is for future medical bills if this is ordered by a court. I wonder if that could help this OP?</p>

<p>Okay, I am not advising here, and I know less than the OP. I wanted to just think this thought out loud. As far as I understand the money received in a settlement of a lawsuit is not taxable. Can't she gift under 12,000 to each of her parents each year without needing to pay taxes? Could this method minimize the damage as to what her assets are on the fafsa? In her senior year of college, you could then gift the money back (less what was expected to come out of this for college-5.6%? or so per year) to your daughter. It might be worthwhile to discuss this with a CPA and your attorney. I do not know if this is feasible, worthwhile to do at all, and what the downside might be. I would think that there are professionals out there that would be able to help you with this (ie: perhaps a financial planner or CPA with fafsa/profile expertise/knowledge).</p>