• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

21 year old seeks to claim independence from parent or emancipate

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

evemichael

Junior Member
What is the name of your state (only U.S. law)? I live in Connecticut as does my father ( the custodial parent in my parent's divorce). I am about to turn 21 (March 5, 2009) and am a full time student living on my own (in an off campus apartment) and supporting myself. Although my father co-signed my student loans for the first 2 years of my education (I am entering 2nd semester Junior year) he has refused to further assist me. I am looking to claim independent status. My father's FAFSA negatively effects my being able to finance my own education. I currently have a co-signer for this semester but that is not the issue.

I would like to claim independent status. I have established excellent credit and would also like to explore all of my financial options as the sole borrower. I would also like to file my own tax returns as I work over 30 hours a week and make enough money to support myself. I no longer want to be a deductible on my father's return.

Can anyone, in the very least, point me in the right direction, if not guide me. I am a poor college student, so will need to do as much of the legal process as possible on my own....y mother is currently unable to help as the divorce was extremely lopsided leaving my mother financially impoverished.

Thanks for any advice.
 


Nativity

Member
In ordered to be considered as Independent on the FAFSA you need to prove to them that you are supporting yourself 100% without any outside help. Working 30 hours a week I am not so sure you will be able to prove that. But it's worth a shot.

Take all your information that you have to your financial aid office, tax returns, work stubs, bills everything you can imagine and take it in and see if you will be able to file as independent.

Emancipation won't work for you, the FAFSA doesn't recognize it even if you were to have obtained it earlier.

Your best option is to contact your school's financial aid office, set up a meeting they will know what you need and what your chances are.
 

RRevak

Senior Member
Unfortunatly i'm not sure the FAFSA will work for you regardless of your status and how much you do or do not support yourself as it doesnt recognize you as an independant until you're at least 24 yrs of age or over. If you're under 24 it will still require your parents tax information. Talking to a financial advisor will help in regards to student loans and how to go about getting them etc. But i'm curious, if you're a college student, why arent you willing to seek help from your father for tuition costs??? Even though you say your credit is good, if his credit is also good using him as a co-signer may help you get a better rate. I'm almost certain you cannot use a co-signer unless they're related to you i.e a parent or other family member. Why not have him help you out even if its at a distance??
 

justalayman

Senior Member
from personal experience and a lot of discussions with bursars and financial aid personel at several colleges, you, and thousands of other students are in the same boat and there is nothing you can do about it unless you get married or reach 24.. Then, your parents are no longer included in the calculations.

nativity; even when supporting themselves 100%, the parents are still required to be included in the calculations. They seem to be relentless in this. It's obviously not always fair but it appears to be the way it is.

this is directly from the FAFSA website under the topic: who is a dependent student?

You were born before January 1, 1986.

You will be enrolled in a master's or doctorate program (beyond a bachelor's degree) at the beginning of the 2009-2010 school year.

You're married as of the day you apply (or you're separated but not divorced).

You have children who receive more than half their support from you.

You have dependents (other than your children or spouse) who live with you and who receive more than half their support from you at the time you apply and through June 30, 2009.

Both your parents are deceased, or you are (or were until age 18) a ward or dependent of the court.

You're currently serving on active duty in the U.S. Armed Forces for purposes other than training OR you're a veteran of the U.S. Armed Forces.
 

Nativity

Member
from personal experience and a lot of discussions with bursars and financial aid personel at several colleges, you, and thousands of other students are in the same boat and there is nothing you can do about it unless you get married or reach 24.. Then, your parents are no longer included in the calculations.

nativity; even when supporting themselves 100%, the parents are still required to be included in the calculations. They seem to be relentless in this. It's obviously not always fair but it appears to be the way it is.

this is directly from the FAFSA website under the topic: who is a dependent student?
There are certain cases where those under the age of 24 can gain independence status. It's not easy nor does it happen frequently but it is worth looking into as it is a possibility.
 

justalayman

Senior Member
There are certain cases where those under the age of 24 can gain independence status. It's not easy nor does it happen frequently but it is worth looking into as it is a possibility.
if you know something the folks at the colleges haven't been able to tell me, let me know. I know of nobody that could claim independent unless the fit within those listed. I have known kids that were disowned by their parents yet could not claim independent.
 

Nativity

Member
It's called a Dependency Override, less than 2% of those applying for FAFSA are able to obtain it.



In addition, an individual who does not qualify as an independent student under one of these six categories may be considered an "independent student" under section 480(d)(7) of the HEA. Under that provision, a student is considered to be an independent student if he or she;

. . . is a student for whom a financial aid administrator makes a documented determination of independence by reason of other unusual circumstances.

We call such a determination by a financial aid administrator a "dependency override."
IFAP - Dear Colleague Letter

Self supporting 100% doesn't merit a Dependency Override nor does the fact that parents simply don't want to support you through college. But to figure out what does merit it and if the person applying has a chance their best bet is to speak with financial aid administrator to see where they stand. It's not always granted but it is something worth looking into if you don't meet the previous 6 categories.

It's not something you can fill out on your own you need to go into the financial aid office and talk to someone to help you get started.
 

justalayman

Senior Member
Ah, so it appears to be at the discretion of the financial aid officer. Not the best of situations. It would appear sucking up would have it's merits and pissing them off is definately counter-productive.

NOTE:
Students should be aware that the school is not required
to perform dependency overrides, and if the fi nancial
aid administrator determines that an override is not
appropriate, the decision cannot be appealed to the
U.S. Department of Education.
I see a real problem with the school making the determination and the lack of appeal.

these seem to be the reoccurring reasons for a dependency override:

However, unusual circumstances do include an abusive family environment or abandonment by parents.
So, how do they define "abandonment" and how does one prove it?

I know it's better than nothing but it does not appear to be fair to those that have been effctively abandoned, at least in terms of financial assistance for education. I don't know how I would change it but it really needs to be changed.
 

TinkerBelleLuvr

Senior Member
Are you on either of your parents' insurance? if so, kiss the dependency override - that was the clincher for my daughter. Her father, who was custodial parent, refused to file a tax return. She nearly had the dependency override since she couldn't get any scholarships/ grants until he either signed the paperwork that he didn't need to file and/or he filed.

She landed up switched to me because **I** had her on my health insurance. Therefore, she was NOT considered independent.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top