College Grants..Which parent?

[Astrolink]

What is the name of your state (only U.S. law)? MN

A University financial aid employee told me that an NCP can fill out the Fafsa for their child(ren), and use their household income if they share physical custody, and claim the child on their tax return as a dependent, which is my situation. I was told when I checked into this a few years ago, that this wouldn't be true. I can't find a solid answer at the Fafsa site.

It is relevant to my child, as my ex's high yearly household income makes the child ineligible for grants, and mine, as the NCP is $17,500.

 

[justalayman]

not sure but I doubt you will ever be able to slide dads income passed them, legally.

Dad needs to pony up for some tuition. Your son recieving tuition, in this situation, would be a slap to all those that do not have a parent that makes several times over average income. It would not be fair and is most definately underserved.

 

[Astrolink]

I'm not sure if my first post was clear, so I'll re-phrase the facts.

I am the dad.

I am the non-custodial parent.

I have joint legal and physical custody of the child.

I claim the child as a dependent on my tax return.

My household income is $17,500.

 

[TinkerBelleLuvr]

The answer is:

It depends.

If mom is the custodial parent, she is supposed to be filing (and helping pay) for the college.

There are extentuating circumstances for an NCP to be the "filing" parent, but your case doesn't sound like it.

 

[TinkerBelleLuvr]

I'll give you the same advice I gave another mom a couple of days ago: talk with the high school advisors and the college advisors. They really know how to negotiate thru FAFSA.

Am I assuming that the child remains with the CP?

 

[Astrolink]

The child resides with both of us. The time has varied over the years from 40-55% with me. I have the child as a deduction via the decree, and have for the last 11 years. I do have joint physical custody, but I am also named the NCP.

 

[justalayman]

I am the dad.


.

Sorry about that. For some reason I thought differently.

So, is moms household income from her or her husband.

 

[TinkerBelleLuvr]

In the case of divorced/separated parents, they look at one household, or the other. So, if it is mom's household, it would be mom and new husband; in the event of dad, it would be dad and his new spouse. If neither are remarried, it's just either mom or dad.

In your case, you could very well be the "NCP". This is a case of where it would make sense for dad to have 51% of the time. I say this because you have JOINT physical custody.

 

[Astrolink]

It appears my ex is willing to have the decree ammended to me being the custodial parent before the child turns 18. I would feel comfortable using my income on the FAFSA if that were done. To add, the decree is specifically written as 35%/65% which seems could be a problem if left that way, even though we have always split the time closer to even. We plan to keep the same parenting schedule and I would continue paying child support. I don't have any problem with that. I don't feel I'm being dishonest, as I've been an equal co-parent for the last 11 years, and with having the children nearly 1/2 the time, and paying 30% of my income in child support, I believe I'm providing for more than 50% of their care.

The current confusion is the financial aid person who states that it only matters who has the child as a tax deduction. It says nothing like this at the FAFSA site. It seems clear it is the custodial parent's household income that is used.

18 is coming up in about a year and half, and if custody is changed, I want to do it in the tax year before they turn 18.