Hello I am currently living with a legal guardian who makes way too much and he is telling me to go independent because I am under him and once I turn 18 I will be considered independent and be available for financial aid. I also can change guardianship and get under my mom who is sick and her income is very low. I talked to a counselor about this and he asked if my guardian claims me on his tax returns. But I want to know from you guys: which is better??? Message me if you want more info. Rlly urgent
Who claims you on their tax return has absolutely nothing to do with it.
Did he become your guardian by order of a court?
You will have to give more info.
If he is a court appointed guardian because you mother is ill, you will qualify to be independent if the court actually has legal guardianship of you (foster child, child in need of supervision); the guardian may have physical custody of you but not legal. If you just live with him because your mother can’t care for you and made this arrangement, whichever of your parents you spent the most time with in the year before you file FAFSA is your custodial parent. If you did not spend any time at either parent’s house, then whichever parent provides you the most support is the custodial parent.
You NEVER use a guardian’s info on FAFSA…no matter how much he earns.
You may already be independent if he is a court ordered guardian. If he is just “helping out” and taking care of you, then you use your mom’s info.
Even if a court ordered guardian, if the state never took legal custody and a parent is still in the picture, I don’t think the OP is automatically an independent. The state has to take custody for that to be automatic, and the student needs to have been 13 when the custody occurred.
It may also depend on state law. My daughter’s friend was put into the custody of her grandparents and I know there was state involvement because this girl had a medicaid card. For her brother, there was a big fight and the mother retained custody, then later turned it over to the grandparents. I have no idea whether the state actually ever took custody of him and how it was passed to the grandparents, but both kids were under 13 when all this happened, and I know the girl was under 13 when adopted by the grandparents. In our state, the medicaid continues after adoption. The grandparents are very wealthy and wouldn’t have qualified for medicaid if there hadn’t been state custody at some point.
OP should also look carefully at the court papers as s/he may find out that the person that they are living with may have only been granted custody, and not guardianship. IF Op has granted custody, it is not guardianship and OP’s parent’s income would still be considered.
yes, he became my guardian by order of court
If he is/was your legal guardian by court order, then you are independent upon reaching age 18. His income is not considered, and neither is your mother’s, on FAFSA at least.