FAFSA - missing irs return - PA

[Bethy]

What is the name of your state (only U.S. law)? PA
My son is transferring to a different college - he will be a junior. His paperwork for FAFSA is a mess right now. I filed irs/fafsa every year on time yada yada. I got remarried 19 mths ago, we (for many reasons) decided to file irs separately.

I suspected (and found out it's true) hubby didn't file irs for (possibly 9) years after a few financial issues came up. Now the new college wants hubby's 2008 irs (which I understand is normal) or ME to file a 1040x which there's nothing to change and I DON'T want to file w/ him as he was self-employed and didn't file.

I personally make 34k, and have NO accounts together now (ok, we're separated, but PA doesn't recognize separation). If he misses getting any financial aid because of hubby's history, I'm going to be sick. sorry about that last drama statement.

Does anybody know if I have options I'm not aware of?

 

[TinkerBelleLuvr]

Man does this sound familiar. Did you live with your husband anytime during the last part of 2008?

 

[Bethy]

yup

Yup - we both have both our homes (I've had similar posts, but just got the FAFSA info today) but his license/truck insurance etc., have my address as residence.

 

[TinkerBelleLuvr]

Any way of getting the STBX to at least file for 2008?

 

[Bethy]

I explained

I explained the situation, and he has said "I'll have to call the accountant" for the past 3 weeks, but with the deadline coming up, and no paperwork, I don't expect to see anything.

 

[TinkerBelleLuvr]

Then, have your lawyer tell his lawyer that you will bill your STBX for the difference in what it would have cost if he drags his feet.

 

[Zigner]

Then, have your lawyer tell his lawyer that you will bill your STBX for the difference in what it would have cost if he drags his feet.

That makes no sense. On what grounds do you feel that the ex has any duty to our OP in this matter?

 

[Bethy]

I'd never see it...

thanks, but I'd never see it -- he already owes me about 15k.

I was hoping to see if someone knew another avenue for the FAFSA requirement

 

[TinkerBelleLuvr]

The OP just needs a completed tax return to complete FAFSA. The STBX doesn't owe anything on the schooling. But, because STBX doesn't file a return, the OP will suffer monetary loss. THAT is what I'm referring to. Would the JUDGE grant $$?? Questionable?? But, it wouldn't hurt either.

Now, if the OP can show that STBX has been ordered to file a return, but does NOT comply, they can work with the school over the requirements.

I had the similar issue with my daughter.

 

[Zigner]

The OP just needs a completed tax return to complete FAFSA. The STBX doesn't owe anything on the schooling. But, because STBX doesn't file a return, the OP will suffer monetary loss. THAT is what I'm referring to. Would the JUDGE grant $$?? Questionable?? But, it wouldn't hurt either.

Now, if the OP can show that STBX has been ordered to file a return, but does NOT comply, they can work with the school over the requirements.

I had the similar issue with my daughter.

Slow down there. Our OP doesn't have to pay a penny for schooling either. Thus, no monetary loss. OP can CHOOSE to pay...but it's just that, a choice.

STBX isn't part of that.

 

[TinkerBelleLuvr]

It is NOT unheard of that tax returns be produced as part of a divorce, right? So the judge ORDERS that both parties produce the tax returns. If the STBX doesn't, then he is in contempt.

The issue is with FAFSA. If you are married, they require tax returns from the parent and that parent's spouse. End of story.

If the OP can get the judge to order a tax return for tax year 2008, which was DUE April 15th, the OP has a better chance of the the school bypassing the necessity of the STBX's tax return.

 

[Bethy]

school payment

true, that's a choice, but if my son could be be eligible for a grant (which he was the past 2 years...) and won't receive it because of paperwork NOT being submitted, that's not fair to him.

I don't/didn't expect hubby to pay anything, and I'll even give him the fax number/stamped envelope so I don't have to see it - My son's file is considered "incomplete" until that form is there. I was asking if anyone knew of another way to "complete" that file.

 

[Zigner]

It is NOT unheard of that tax returns be produced as part of a divorce, right? So the judge ORDERS that both parties produce the tax returns. If the STBX doesn't, then he is in contempt.

The issue is with FAFSA. If you are married, they require tax returns from the parent and that parent's spouse. End of story.

If the OP can get the judge to order a tax return for tax year 2008, which was DUE April 15th, the OP has a better chance of the the school bypassing the necessity of the STBX's tax return.

AGAIN - the stbx would NOT owe any money because of his failure to present a return for the FAFSA situation. Also, the tax return wouldn't necessarily have been due on the 15th.

 

[TinkerBelleLuvr]

Unless the OP's STBX was living out of the country, the filing deadline was April 15th. Now, you can file for an extension, which takes you out to October 15th. But, if there are any monies due, it had best be paid by April 15th cuz THAT is when the tax return was due. When monies are owed and NOT paid by the 15th, then it is penalty and interest time.

If the STBX lived out of the country as an ex pat, then, the deadline would be June 15th, and then the approrpriate time for an extension.

I DON'T want to file w/ him as he was self-employed and didn't file.

If the STBX made more than $400.28 in profit, he is REQUIRED to file.

 

[Zigner]

Unless the OP's STBX was living out of the country, the filing deadline was April 15th. Now, you can file for an extension, which takes you out to October 15th. But, if there are any monies due, it had best be paid by April 15th cuz THAT is when the tax return was due. When monies are owed and NOT paid by the 15th, then it is penalty and interest time.

If the STBX lived out of the country as an ex pat, then, the deadline would be June 15th, and then the approrpriate time for an extension.

If the STBX made more than $400.28 in profit, he is REQUIRED to file.

Now, let's get back to how our OP's stbx would somehow be liable (monetarily) for our OP's FAFSA concerns...explain why you think he would have to reimburse any monies that the OP has to pay out.