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Conference turris::womannotes-v2

Title:ARCHIVE-- Topics of Interest to Women, Volume 2 --ARCHIVE
Notice:V2 is closed. TURRIS::WOMANNOTES-V5 is open.
Moderator:REGENT::BROOMHEAD
Created:Thu Jan 30 1986
Last Modified:Fri Jun 30 1995
Last Successful Update:Fri Jun 06 1997
Number of topics:1105
Total number of notes:36379

473.0. "Financial Aid Trap" by ULYSSE::LEVINE () Wed Mar 01 1989 09:52

    
How do I outsmart my ex-husband?
    
My son wants to transfer to a more expensive college
and his father only wants to pay a minimum.  He is
earning too much to qualify him for aid and wants to use
his money to pay off his $300,000 loft in Greenwich Village.
He has been reporting our son as a dependent since our divorce.
Now, he wants me to apply for Financial Aid because
my salary is MUCH lower than his.

Questions:  

1.  Can my son apply for Financial Aid declaring only my
    salary without me declaring him as a dependent?
    (which is what his father wants to do)
2.  If I need to take him as a dependent in order
    for him to qualify, would I be responsible for
    ALL other expenses that my son would incur during
    his college years? In our divorce settlement, he agreed
    to pay for 4 years of college and all expenses.
3.  Is there anything you could think of that I should be wary about?

    
    
Thank you in advance for any insight.

Marie-H�l�ne
T.RTitleUserPersonal
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473.1CVG::THOMPSONNotes? What's Notes?Wed Mar 01 1989 10:4128
>1.  Can my son apply for Financial Aid declaring only my
>    salary without me declaring him as a dependent?
>    (which is what his father wants to do)
    	
    I believe that you will have to list him as a dependent. You may
    even have to show that he has been carried as a dependent by you
    for some time. Check with the financial aid people at either your
    son's current or future school. 

>2.  If I need to take him as a dependent in order
>    for him to qualify, would I be responsible for
>    ALL other expenses that my son would incur during
>    his college years? In our divorce settlement, he agreed
>    to pay for 4 years of college and all expenses.

    I think that the divorce settlement would still hold. Note that
    you husband would, in all likelihood, not be able to claim your son
    as a dependent. At least not at a 100% level.

>3.  Is there anything you could think of that I should be wary about?

    The college would most likely hold you rather then your ex responsible
    for your son's bills. This could be a problem if you ex gets late on
    payments.

    Two suggestions. Call your lawyer and call a tax advisor. ASAP.

    			Alfred
473.2SSDEVO::GALLUPIt's a terminal drama...Wed Mar 01 1989 11:0618
>1.  Can my son apply for Financial Aid declaring only my
>    salary without me declaring him as a dependent?
>    (which is what his father wants to do)
    	
	you must list him as your dependent....and I think they consider
	the last two years of his life when making a decision on financial
	aid, therefore, for him to actually get any money for financial aid,
	it would be at least 2 years down the road.

>3.  Is there anything you could think of that I should be wary about?

	definately get some kind of legal advise in this matter.  there
	are loopholes everywhere in financial aid...be VERY careful, I've seen
	too many times where people are told they will get money, and then
	don't because of a loophole the financial aid dept found...

	k
473.3CALLME::MR_TOPAZWed Mar 01 1989 11:2118
       Good grief.  Anyone who tries to answer these questions treads on
       real thin ice -- did you notice that the node of the author of .0
       isn't in the US?
       
       Suppose, just for starters, that Marie-Helene resides in France
       and is subject to French tax laws -- does anyone here have much of
       a clue how these laws work?  And the terms of her divorce
       settlement not only seem vague (it sounds like sloppy legal work
       to simply say that the father is responsible for paying for 4
       years of college without being more specific about costs and
       location), but they may even be unenforceable, especially if the
       decree were issued outside of the country where Mme Levine lives.
       
       The free advice given here may do more harm than good -- see a
       competent attorney if you want to understand the ramifications of
       various courses of action. 
       
       --Mr Topaz 
473.4talk to your lawyer NOW!!!GIAMEM::MACKINNONWed Mar 01 1989 11:3924
    
    
    Well I went to school in the US, and the way the financial aid systems
    work as far as the government stands is that the parent that claims
    your son as a dependent is considered on the FAF.  It will be your
    ex-husband's salary that would be considered and not yours.
    
    I agree with the response in 3.  You should definitely talk to your
    lawyer and also schedule an appointment with your son's school's
    financial aid officer.  They can give you more details specifically
    relating to their financial aid programs.  
    
    As far as talking to the lawyer.  If there is a statement in your
    divorce decree that states that your ex is responsible for 4 years
    of tuition for your son, then  what difference would it make to
    the courts as to which school your son attends?  I would assume
    that a statement specifically stating the amount to be paid and
    the school to be attended would have to be included.  
    
    IMO, your ex is not putting his son's education as a priority.
    It is unfortunate that your son should have to suffer in the
    long run becuase of that.
    
    michele
473.5One additional suggestion...STAR::BECKPaul BeckWed Mar 01 1989 11:5111
... which doesn't tread the legal mire.

Since the additional expenses derive from your son wanting to go to a more
expensive school, I don't think it's out of line to ask your son to get a
part-time job and summer work to supplement - as far as possible - his own
education. (Your ex might have some grounds to suggest that the divorce decree
would give him some say what college your son attends, since he's paying.
I'm not taking sides, just raising the issue.)

Of course, if your son is already working his tail off to help out, ignore
this intrusion...
473.6ULYSSE::LEVINEWed Mar 01 1989 12:0711
    Thanks for the input so far.
    
    I have dual citizenship and currently working in Valbonne,
    returning to the States in 4 weeks so there won't be any
    tax ramifications.
    The divorce settlement unfortunately did not specify any
    college or costs.  
    My son has worked to help with expenses and will work this
    summer, but it's not enough.
    
    Merci beaucoup!
473.7Hold it on the lawyers!!!!2EASY::PIKETWed Mar 01 1989 13:1726
    
    Having recently graduated, and having received extensive financial
    aid while at school, I think I speak with some knowledge, assuming
    we are talking about the US and not France.
    
    On the FAF, the form that almost ALL colleges have you submit to the
    folks in Princeton, NJ who do a computer analysis of your financial
    need, the parent is asked if he/she gave more than a certain
    amount of support to the student last year. This determines if the
    student is a dependant of that parent or not. If the parents are
    divorced, I believe both parents are requested to fill out a form.
    Most schools will also request that both parents fill out the school's
    own form as well. 
                                                  
    When you submit the form, you are also expected to submit a copy
    of your tax return (either to the school or to NJ; I can't remember
    which). So what you and your ex-husband tell them better match up with 
    what you tell the IRS.
    
    Before you spend money on professional advisors, pick up an FAF
    (either from your kid's current college's financial aid office,
    or from his high school), read the instructions, and then, if you're
    still confused, contact an accoutant. No reason to rush out and
    get one before looking into every other (free) source of info.
                                                                  
   Roberta 
473.8Please, see a lawyer!TOPDOC::SLOANEA kinder, more gentle computer ...Wed Mar 01 1989 13:5919
    Re: -.1
    
    The FAF (and I just got one back yesterday for my daughter) only
    sets up a guideline or yardstick for the college's use. The school can
    give you more or less or no aid at all, and over the 8 years I've
    had kids in college, all of these have happened.                  
                                                                
    Furthermore, the FAF cannot unravel complex legal problems.
                                                             
    So, please, please, consult a lawyer! If your ex- has enough to
    pay off his $300K condo, and the divorce decree says he has to pay for
    college, no school in earth will grant you financial aid. But my
    advice is about as worthless as everybody else's in this note. 
    
    Many lawyers will give you an initial consultation for a minimum or
    even no fee. It will definitely be worth it. Don't sacrifice your
    child's college education for the sake of a few bucks.
    
    Bruce
473.9Read the fine print.JAIMES::GODINThis is the only world we haveThu Mar 02 1989 14:3320
    Regarding U.S. only:
    
    FWIW, we've just completed the FAF games (for this year), and there 
    appear to have been some changes in the system since some of the 
    previous noters had first-hand experience.  The parent who completes 
    the "standard" FAF is the CUSTODIAL parent (not necessarily the 
    parent who claims the student as a dependent).  The custodial parent's 
    income plus spouse's income (if any) is considered.  PLUS each of the 
    schools where my daughter is applying required the non-custodial parent
    (and spouse, if any) to complete their own version of the FAF. 
    So, in our case, four adult incomes  -- and assets -- are being 
    considered, and it will be a miracle if we receive any financial 
    aid (still waiting to hear).
    
    Don't know whether this will help the original noter or muddy the
    waters more.
    
    Good luck.
    
    Karen
473.10let your son be independant of both parentsCYRUS::DRISKELLThu Mar 02 1989 18:4822
    another option...
    
    the forms (as i remember then) ask you to report last years & this
    years income, and to state if you are 'dependant' or indepandant'.
    (dependant is if you recived more than $x amount).
    
    If your son is willing, have him wait a year (possibly go to a cheaper
    local school, just to get in the habbit) but to live on his own
    & support himself.  He must not live with either parent for more
    than 2 consequtive weeks. 
    
    he is then an independant, so long as no one claims him on tax forms.
    the past year or this year.
    the financial aid is then determined on HIS income, which would
    probably be barely enough to keep him alive.  That way, he'll get
    maximun aid from both school & gov't.
    
    In the past,  I've seen seniors in HS leave home to "rent" from
    a relative after  dec 31.  They find some way to scronge enough
    to survive the first year of college, then they get "full support"
    for the next 3 years. In my case, I wasn't an "independant" till
    my junior year, but it did make the last years easier.
473.11Don't rip off the schoolsULTRA::WITTENBERGSecure Systems for Insecure PeopleFri Mar 03 1989 14:0323
Re: .10

    It's clear  that I come from a different culture. The top priority
    in  my parents' house was (and is) education. Almost anything else
    would  be  dropped  in  order  to  pay tuition. A major goal of my
    financial  plans  is  to  have  enough  money  to send my children
    through  school.  I'm  planning  for  that even though I'm not yet
    married.

    Given that  culture,  and the thought that parents are responsible
    for  providing  their  children with an education which is part of
    the  culture  (If I went back to school tommorow, my parents would
    try to support me.), it seems really unfair to apply for financial
    aid  independently from one's parents. Schools are short of money,
    and to ask the school to pay for someone's education so his father
    can  buy a $300k codo strikes me as unfair and rather sleazy. In a
    time when schools are having trouble finding operating funds it is
    important  to  save  scholarship money for people who really can't
    afford  it,  and  not those who want a free ride through school so
    they have more money for toys.


--David
473.12But you can't control other peopleSSDEVO::YOUNGERGODISNOWHEREFri Mar 03 1989 14:3110
    I think the views of .11 and his family are admirable.  It would
    be nice if everyone had such values.
    
    However, if your parents *won't* give you any money for your education,
    is it fair to be unable to apply for financial aid on your own (after
    all, you *are* on your own).  I agree that .0's ex is a real sleezeball
    for doing things this way, but neither .0, her child, nor any of
    us have any control over that.
    
    Elizabeth
473.13ULTRA::WITTENBERGSecure Systems for Insecure PeopleFri Mar 03 1989 16:3219
    I see  nothing  wrong  with students whose parents won't give them
    any  money  applying for financial aid. From my culture I find the
    parents sleazy in not supporting their children.

    What I  do object to is parents saying "pretend you're independant
    for  a  year  so  we  can  spend the money on something else." The
    father  in  .0  clearly  has  money,  he  should  pay for his kids
    education.

    Every year  I contribute to my alma mater's scholarship fund. I do
    so  inorder  to  allow  people with less money to go to college. I
    don't  donate money so people with lots of money can spend more on
    their  toys.  This  sort of fraud has been around for a long time,
    and I object strongly to it, just as I object to people not paying
    their  student  loans.  In  both  cases  people who have money are
    trying  to  take  advantage  of  our  belief  in  the  benefits of
    providing an education for people who can't afford it.

--David
473.14SSDEVO::GALLUPIt's a terminal drama...Fri Mar 03 1989 16:5122
	 Well, you could always have parents like mine who paid less
	 than 25% of my schooling, will never let me forget it ("oh,
	 we went without soooo much for you...."  They are fairly well
	 off, and my school was very inexpensive.) and refused to *not*
	 claim me on their income tax.

	 Catch-22...Financial aid for me had their income on it, yet I
	 didn't get much help from them at all.  (I believe when I
	 applied, the combined income of the parents had to be less
	 than $35K for financial aid help at my school.)

	 I got lucky...I got out with no loans....but scholarships are
	 the only thing that got me through.

	 There are PLENTY of scholarships out there...if you know how
	 to find them....the financial aid office can help you on that
	 one too.

	 k

	 
473.15ODIHAM::PHILPOTT_ICol. Philpott is back in action...Tue Mar 07 1989 08:3119
   
   .0 and the subsequent comments about 'culture' bring the following
   to mind: I went to university in England, where students get free
   tuition and a support grant the amount of which is decided by a means
   test: the more the parent or guardian earns, the smaller the grant.
   I had a friend who failed totally to extract the 'supplement' from
   his father who simply said "if you want to go to university - you
   pay for it!". In the end my friend sued - succesfully - and got all
   maintenance payments enforced by the court.
   
   Since you mention in .0 that "In our divorce settlement, he agreed
   to pay for 4 years of college and all expenses" it seems to me that
   the time is right to get a lawyer and go back to court to get the
   original settlement clarified and enforced. It seems to me that your
   ex is trying to break a legal agreement by "small print-ing" it,
   presumably without substantial support (unless of course the agreement
   was for four years of college at the cheapest available college).
   
   /. Ian .\
473.16 personal experiencesTSG::LEENo job is too small to botch.Mon Mar 13 1989 13:5055
         

         FWIW, I was stuck with a similar situation when I was in
         school: my parents are divorced, I lived with my mother, and
         my father (who had the significantly higher income) refused
         to contribute anything to my education.
         
         As mentioned earlier, it is the custodial parent who applies
         for financial aid, using the FAF form, which includes the
         income of the custodial parent and any support payments as
         part of its information.  The non-custodial parent is not
         required to complete a FAF, however, most (if not all)
         schools will require the non-custodial parent to supply the
         same sort of information.
         
         With this information, they compute the "family's" ability to
         pay - i.e. the amount they expect the parents to contribute. 
         Some schools split this up between parents, others leave that
         for you to do.  Any difference (in a need based financial aid
         system, which most of them are) will be made up by the
         school.
         
         In my case, the school took no notice of the fact that my
         father would not pay any amount, informing me that that was
         basically my tough luck, since he was capable of doing so. 
         
         In your case, you should be aware that regardless of any
         amount agreed upon, the amount the school computes for your
         ex-husband's contribution may be above it.  (I don't know for
         sure what force a legal agreement has - you should check with
         the school in question, and possibly also a lawyer to find
         out.  In fact, you should definitely discuss the whole thing
         with the school's f. aid office, they can be very helpful
         sometimes)
         
         Also, you should be careful about having your son declare
         himself financially independent.  Although the government
         only requires one year of independent living, schools often
         have their own requirements (my school said that you had to
         be on your own for *four* years, or be 23 or older).  There
         are also limits on the amount of money one can receive from
         one's parent(s) during the time one is establishing
         independence.
         
         Finally, (this is much longer than I originally intended) I
         think that you should definitely resolve how much your
         ex-husband will be required to contribute, I agree with the
         others when they say that (a) he is a rat for putting his
         son's education at such a low priority  (I should know, I
         have had plenty of experience with such a rat)  and (b) that
         you should check with the schools f.a. office/a lawyer/an
         accountant for info. and help.
         
         
         Andy
473.17Keep TryingPERFCT::NOVELLOMon Mar 13 1989 23:4412
    
    	IMHO, I'd pursue things, even if they say no the first time.
    
    	 I applied for FA when I was unemployed. The forms only asked
    	 about my assets, and NOT my expenses. And, since I owned a
    	 house, I guess they figured I should sell it if I wanted to
    	 continue my education. After several letter/phone calls to
    	 managerment types, they agreed to give me some money.
         
    	 Guy Novello