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Middle of Separation... Need to complete FAFSA

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Susie3q

Member
What is the name of your state? South Carolina

My son has been accepted to attend university in the fall of this year. I need to prepare the FAFSA to determine his eligibility for financial aide ASAP.

My husband and I separated on Jan 7, 2007. He left the marital home and was charged with 3 counts of child abuse and I count of Criminal Domestic Violence.

I have an order of protection. I have filed through my attorney for the legal separation, but it will most likely be one month more before we get to the temporary hearing. There is a bond agreement in place that he is not allowed to contact me and I have been advised not to contact him.

What do I have to do to complete the FAFSA? How do I file my taxes this year. Married filing Separate will not work for FAFSA as they count both parents income for the previous year.

Also, I have physical custody of the 4 minor children right now and expect to have temporary sole custody court ordered at the temporary hearing due to the child abuse charges (2 of which he has already confessed to to CPS). Can I claim head of household although we just separated last month? Can I claim all 4 children if I file Married filing separately?

Please help, what should I do?
 


LdiJ

Senior Member
What is the name of your state? South Carolina

My son has been accepted to attend university in the fall of this year. I need to prepare the FAFSA to determine his eligibility for financial aide ASAP.

My husband and I separated on Jan 7, 2007. He left the marital home and was charged with 3 counts of child abuse and I count of Criminal Domestic Violence.

I have an order of protection. I have filed through my attorney for the legal separation, but it will most likely be one month more before we get to the temporary hearing. There is a bond agreement in place that he is not allowed to contact me and I have been advised not to contact him.

What do I have to do to complete the FAFSA? How do I file my taxes this year. Married filing Separate will not work for FAFSA as they count both parents income for the previous year.

Also, I have physical custody of the 4 minor children right now and expect to have temporary sole custody court ordered at the temporary hearing due to the child abuse charges (2 of which he has already confessed to to CPS). Can I claim head of household although we just separated last month? Can I claim all 4 children if I file Married filing separately?

Please help, what should I do?
Your only choices are married filing separately or married filing jointly. I would suggest that you talk to the financial aid advisor at your son's school to explain the problem and ask for assistance in resolving it.
 

Susie3q

Member
Thanks

I don't currently have information regarding my estranged husband's income for 2006. Also, what about claiming the children on my taxes. Should I wait for family court to make a decision on custody prior to filing my taxes for 2006?

I will contact the university financial aid office for guidence.
 

LdiJ

Senior Member
I don't currently have information regarding my estranged husband's income for 2006. Also, what about claiming the children on my taxes. Should I wait for family court to make a decision on custody prior to filing my taxes for 2006?

I will contact the university financial aid office for guidence.
Either one of you could claim the children at this point. You both lived with them all year for 2006. However, if you both claim all of them, then the IRS would rule in favor of the parent with the higher AGI for 2006.

The fair thing to do would probably be to discuss it with your husband and come to an agreement. However, its possible that he has already filed and already claimed the children.
 

Susie3q

Member
There is a bond agreement in place (he was arrested) for no contact between us. I cannot discuss the issue with him except through our attorneys (not sure if he even has an attorney at this point). That's why I was wondering about waiting for a family court ruling.
 

LdiJ

Senior Member
There is a bond agreement in place (he was arrested) for no contact between us. I cannot discuss the issue with him except through our attorneys (not sure if he even has an attorney at this point). That's why I was wondering about waiting for a family court ruling.
I can almost guarantee that if you wait for the hearing he will have already claimed them.

What are your respective income levels?
 

Susie3q

Member
I was a stay at home mom all of 2006. I did draw a little over 8k in unemployment. I have no idea about my estranged husband as he "owns" his own business and will probably be in the red for tax purposes, but will claim min wage for CS determination. I was not privey to any financial information in our home as my husband kept separate accounts and contribuited NOTHING to our joint account over the year. I am guessing that on paper he will make more than me, but not by much.
 

LdiJ

Senior Member
I was a stay at home mom all of 2006. I did draw a little over 8k in unemployment. I have no idea about my estranged husband as he "owns" his own business and will probably be in the red for tax purposes, but will claim min wage for CS determination. I was not privey to any financial information in our home as my husband kept separate accounts and contribuited NOTHING to our joint account over the year. I am guessing that on paper he will make more than me, but not by much.
If that is the case then it won't do either one of you any good to claim 4 children. Neither one of you will benefit from that. It also would not benefit you at all to file separately.

If you can somehow arrange through your attorneys to file jointly, and to have the refund check go to one of them so that you can be sure to split it properly, that would be your best bet.
 

GatorLaw

Member
If your AGI was less than 8,450 then you have no need to claim your children. Your own deductions would cover that completely ($5,150 married filed separately + $3,300 from 1 exemption[yourself]).
 

FlyingRon

Senior Member
I believe you are mistaken about the FAFSA. The FAFSA counts only the custodial parent which they define as the one he lives with most of the time.
 

LdiJ

Senior Member
I believe you are mistaken about the FAFSA. The FAFSA counts only the custodial parent which they define as the one he lives with most of the time.
They both lived with the children for all of 2006, therefore they are BOTH custodial parents for 2006.

Its also not correct that the FAFSA only includes the custodial parent.
 

Susie3q

Member
Just to clear things up and make sure I got the right information....

The child in question is from a previous marriage and I am separated from his Step-father.

I contacted the university today and posed the question to a financial aid officer (NOT A LAWYER). She said that I should complete the FAFSA based only on my income as it is supposed to be a tool to predict my contribuition to my son's education. She said that since I cannot predict income from alimony or child support (for the children of this marriage) that I should base the income on what I'm receiving on the day I complete the FAFSA. Does this sound right?

By the way, the deadline for FAFSA completion (per the university) is March 1, 2007. I do not want to bend/break the rules, but I'm running out of time to find out what the rules are.

Thanks again,

Susie
 

LdiJ

Senior Member
The child in question is from a previous marriage and I am separated from his Step-father.

I contacted the university today and posed the question to a financial aid officer (NOT A LAWYER). She said that I should complete the FAFSA based only on my income as it is supposed to be a tool to predict my contribuition to my son's education. She said that since I cannot predict income from alimony or child support (for the children of this marriage) that I should base the income on what I'm receiving on the day I complete the FAFSA. Does this sound right?

By the way, the deadline for FAFSA completion (per the university) is March 1, 2007. I do not want to bend/break the rules, but I'm running out of time to find out what the rules are.

Thanks again,

Susie
The financial aid officer is absolutely correct. Since the child is not stepdad's child, and you and stepdad are no longer living together, then his income is irrelevant.
 
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