Child Turning 18 - The Plan

[Bobbi]

My husband's daughter will be 18 in July 04. She will be graduating
high school June 04. She lives with her mother presently. We are in NY
state. Currently, the CS is paid via automatic deduction through the
CSU to the mother. The current CS is the max allowable in NY which is
17% of hubby's gross income.

The daughter has a plan to move out of the mother's house, enroll in
college (local community college and she will be getting student loans
to pay for that), get an apartment with a friend who is also attending
same college, and work part-time to help defray costs etc. She already
has a part-time job recently acquired. She has no car yet, but my
sister-in-law will donate her old car, so the daughter will have
wheels to get to school and work.

Daughter has been mentioning all this to the mother, who is really
trying to keep her at home (wonder why - can you say that money will
stop?). She has even suggested that the daughter rent an apartment
next door to her (which is owned by her live-in boyfriend). Daughter
says no, she wants to go out on her own and start a life for herself.

Last night she asked us if the CS could be given directly to her if
this is the case. We think so but aren't sure. Seems to me that if the
child is living on her own that we should be able to send (or have
sent) that money *directly* to her...

We would probably have to go to court and request that it be changed
to payment to the daughter. Anyone have any knowledge of NY and if
this is feasible or possible or not?

Thanks!

[User132384]

Doesn't the CS stop at age 18 in NY ?

[User132384]

Doesn't the CS stop at age 18 in NY ?

[Bobbi]

On 23 Dec 2003 04:22:24 GMT, (User132384) wrote:

>Doesn't the CS stop at age 18 in NY ?

No, in NY state the CS stops at age 21.

[Bobbi]

On 23 Dec 2003 04:22:24 GMT, (User132384) wrote:

>Doesn't the CS stop at age 18 in NY ?

No, in NY state the CS stops at age 21.

[Mel Gamble]

And not then unless you carefully dot all the "i"s and cross all the
"t"s...

Mel Gamble

Bobbi wrote:
>
> On 23 Dec 2003 04:22:24 GMT, (User132384) wrote:
>
> >Doesn't the CS stop at age 18 in NY ?
>
> No, in NY state the CS stops at age 21.

[Mel Gamble]

And not then unless you carefully dot all the "i"s and cross all the
"t"s...

Mel Gamble

Bobbi wrote:
>
> On 23 Dec 2003 04:22:24 GMT, (User132384) wrote:
>
> >Doesn't the CS stop at age 18 in NY ?
>
> No, in NY state the CS stops at age 21.

[Bobbi]

On Wed, 24 Dec 2003 08:14:13 GMT, Mel Gamble >
wrote:

>And not then unless you carefully dot all the "i"s and cross all the
>"t"s...

True. we know that we have to do *everything* through the courts and
that if in college, or other reasons, sometimes the CS can continue
past that age. The point is, we'd rather be giving the money to the
daughter who it's *supposed* to be for - rather than the mother who
it's *not* for.

The latest *idea* from the CP is that the daughter rent from her
live-in boyfriend (an apartment next door to them). How handy - some
of that money will find it's way back to the CP's household. Not a
good idea in our opinion.

The CP is doing everything in her power to keep the daughter at home,
or as close to home as she can. There is a lot of pressure being put
on the daughter. There is after all an ulterior motive = $$$. It's
going to get mighty ugly.

Hubby and I have decided to back off and not push or suggest anything
and let the daughter decide on her own. She's going to have to be
independent someday and with her mom ragging on her, she doesn't need
us doing it also.

[Bobbi]

On Wed, 24 Dec 2003 08:14:13 GMT, Mel Gamble >
wrote:

>And not then unless you carefully dot all the "i"s and cross all the
>"t"s...

True. we know that we have to do *everything* through the courts and
that if in college, or other reasons, sometimes the CS can continue
past that age. The point is, we'd rather be giving the money to the
daughter who it's *supposed* to be for - rather than the mother who
it's *not* for.

The latest *idea* from the CP is that the daughter rent from her
live-in boyfriend (an apartment next door to them). How handy - some
of that money will find it's way back to the CP's household. Not a
good idea in our opinion.

The CP is doing everything in her power to keep the daughter at home,
or as close to home as she can. There is a lot of pressure being put
on the daughter. There is after all an ulterior motive = $$$. It's
going to get mighty ugly.

Hubby and I have decided to back off and not push or suggest anything
and let the daughter decide on her own. She's going to have to be
independent someday and with her mom ragging on her, she doesn't need
us doing it also.

[Bob Whiteside]

"Bobbi" > wrote in message
...
> On Wed, 24 Dec 2003 08:14:13 GMT, Mel Gamble >
> wrote:
>
> >And not then unless you carefully dot all the "i"s and cross all the
> >"t"s...
>
> True. we know that we have to do *everything* through the courts and
> that if in college, or other reasons, sometimes the CS can continue
> past that age. The point is, we'd rather be giving the money to the
> daughter who it's *supposed* to be for - rather than the mother who
> it's *not* for.
>
> The latest *idea* from the CP is that the daughter rent from her
> live-in boyfriend (an apartment next door to them). How handy - some
> of that money will find it's way back to the CP's household. Not a
> good idea in our opinion.
>
> The CP is doing everything in her power to keep the daughter at home,
> or as close to home as she can. There is a lot of pressure being put
> on the daughter. There is after all an ulterior motive = $$$. It's
> going to get mighty ugly.
>
> Hubby and I have decided to back off and not push or suggest anything
> and let the daughter decide on her own. She's going to have to be
> independent someday and with her mom ragging on her, she doesn't need
> us doing it also.

Points to look into and/or implement re post 17 support:

1. Some states have statutes providing for post-secondary education CS to
be paid directly to the adult child. Check out how your state handles these
ongoing support payments.

2. If the child moves out of her mothers home, even if it is just next
door, she will meet the definition of being emancipated, i.e. no longer
living under the control of a parent and state mandated CS can be stopped.

3. Check the language in the divorce decree regarding child custody. If
the decree states custody is for "minor" children and is silent on how
post-17 custody should be handled, the IRS rules revert back to the parent
providing more than 50% of the child's support gets the child exemption.
With the exemption comes the ability to take education tax credits for
higher education expenses paid.

[Bob Whiteside]

"Bobbi" > wrote in message
...
> On Wed, 24 Dec 2003 08:14:13 GMT, Mel Gamble >
> wrote:
>
> >And not then unless you carefully dot all the "i"s and cross all the
> >"t"s...
>
> True. we know that we have to do *everything* through the courts and
> that if in college, or other reasons, sometimes the CS can continue
> past that age. The point is, we'd rather be giving the money to the
> daughter who it's *supposed* to be for - rather than the mother who
> it's *not* for.
>
> The latest *idea* from the CP is that the daughter rent from her
> live-in boyfriend (an apartment next door to them). How handy - some
> of that money will find it's way back to the CP's household. Not a
> good idea in our opinion.
>
> The CP is doing everything in her power to keep the daughter at home,
> or as close to home as she can. There is a lot of pressure being put
> on the daughter. There is after all an ulterior motive = $$$. It's
> going to get mighty ugly.
>
> Hubby and I have decided to back off and not push or suggest anything
> and let the daughter decide on her own. She's going to have to be
> independent someday and with her mom ragging on her, she doesn't need
> us doing it also.

Points to look into and/or implement re post 17 support:

1. Some states have statutes providing for post-secondary education CS to
be paid directly to the adult child. Check out how your state handles these
ongoing support payments.

2. If the child moves out of her mothers home, even if it is just next
door, she will meet the definition of being emancipated, i.e. no longer
living under the control of a parent and state mandated CS can be stopped.

3. Check the language in the divorce decree regarding child custody. If
the decree states custody is for "minor" children and is silent on how
post-17 custody should be handled, the IRS rules revert back to the parent
providing more than 50% of the child's support gets the child exemption.
With the exemption comes the ability to take education tax credits for
higher education expenses paid.

[Bobbi]

Thanks for your comments Bob. See mine below.

On Sun, 28 Dec 2003 00:25:12 GMT, "Bob Whiteside"
> wrote:

>
>"Bobbi" > wrote in message
...
>> On Wed, 24 Dec 2003 08:14:13 GMT, Mel Gamble >
>> wrote:
>>
>> >And not then unless you carefully dot all the "i"s and cross all the
>> >"t"s...
>>
>> True. we know that we have to do *everything* through the courts and
>> that if in college, or other reasons, sometimes the CS can continue
>> past that age. The point is, we'd rather be giving the money to the
>> daughter who it's *supposed* to be for - rather than the mother who
>> it's *not* for.
>>
>> The latest *idea* from the CP is that the daughter rent from her
>> live-in boyfriend (an apartment next door to them). How handy - some
>> of that money will find it's way back to the CP's household. Not a
>> good idea in our opinion.
>>
>> The CP is doing everything in her power to keep the daughter at home,
>> or as close to home as she can. There is a lot of pressure being put
>> on the daughter. There is after all an ulterior motive = $$$. It's
>> going to get mighty ugly.
>>
>> Hubby and I have decided to back off and not push or suggest anything
>> and let the daughter decide on her own. She's going to have to be
>> independent someday and with her mom ragging on her, she doesn't need
>> us doing it also.
>
>Points to look into and/or implement re post 17 support:
>
>1. Some states have statutes providing for post-secondary education CS to
>be paid directly to the adult child. Check out how your state handles these
>ongoing support payments.

I will do that again because I think I've forgotten all the fine
details. Did look it up about three years ago. Good suggestion.

>2. If the child moves out of her mothers home, even if it is just next
>door, she will meet the definition of being emancipated, i.e. no longer
>living under the control of a parent and state mandated CS can be stopped.

I believe that's the case in our state, partially. I am pretty sure
(unless the wording has changed since I read it about two years ago)
that the child must be living outside the CP's household *and* working
full-time (32 hours or more per week). I'll check into it again.

>3. Check the language in the divorce decree regarding child custody. If
>the decree states custody is for "minor" children and is silent on how
>post-17 custody should be handled, the IRS rules revert back to the parent
>providing more than 50% of the child's support gets the child exemption.
>With the exemption comes the ability to take education tax credits for
>higher education expenses paid.

The divorce decree was in Colorado and I believe really no longer
applies. The divorce was 16 yrs ago and there is *no* wordage in it
about post-17 custody at all. There is also no wordage on who gets the
tax deductions. The NY family court "judge" awarded the tax exemptions
to the CP two years ago. We tried to get it, but no luck. I will look
into this too.

Thanks!!!

[Bobbi]

Thanks for your comments Bob. See mine below.

On Sun, 28 Dec 2003 00:25:12 GMT, "Bob Whiteside"
> wrote:

>
>"Bobbi" > wrote in message
...
>> On Wed, 24 Dec 2003 08:14:13 GMT, Mel Gamble >
>> wrote:
>>
>> >And not then unless you carefully dot all the "i"s and cross all the
>> >"t"s...
>>
>> True. we know that we have to do *everything* through the courts and
>> that if in college, or other reasons, sometimes the CS can continue
>> past that age. The point is, we'd rather be giving the money to the
>> daughter who it's *supposed* to be for - rather than the mother who
>> it's *not* for.
>>
>> The latest *idea* from the CP is that the daughter rent from her
>> live-in boyfriend (an apartment next door to them). How handy - some
>> of that money will find it's way back to the CP's household. Not a
>> good idea in our opinion.
>>
>> The CP is doing everything in her power to keep the daughter at home,
>> or as close to home as she can. There is a lot of pressure being put
>> on the daughter. There is after all an ulterior motive = $$$. It's
>> going to get mighty ugly.
>>
>> Hubby and I have decided to back off and not push or suggest anything
>> and let the daughter decide on her own. She's going to have to be
>> independent someday and with her mom ragging on her, she doesn't need
>> us doing it also.
>
>Points to look into and/or implement re post 17 support:
>
>1. Some states have statutes providing for post-secondary education CS to
>be paid directly to the adult child. Check out how your state handles these
>ongoing support payments.

I will do that again because I think I've forgotten all the fine
details. Did look it up about three years ago. Good suggestion.

>2. If the child moves out of her mothers home, even if it is just next
>door, she will meet the definition of being emancipated, i.e. no longer
>living under the control of a parent and state mandated CS can be stopped.

I believe that's the case in our state, partially. I am pretty sure
(unless the wording has changed since I read it about two years ago)
that the child must be living outside the CP's household *and* working
full-time (32 hours or more per week). I'll check into it again.

>3. Check the language in the divorce decree regarding child custody. If
>the decree states custody is for "minor" children and is silent on how
>post-17 custody should be handled, the IRS rules revert back to the parent
>providing more than 50% of the child's support gets the child exemption.
>With the exemption comes the ability to take education tax credits for
>higher education expenses paid.

The divorce decree was in Colorado and I believe really no longer
applies. The divorce was 16 yrs ago and there is *no* wordage in it
about post-17 custody at all. There is also no wordage on who gets the
tax deductions. The NY family court "judge" awarded the tax exemptions
to the CP two years ago. We tried to get it, but no luck. I will look
into this too.

Thanks!!!

[Bob Whiteside]

"Bobbi" > wrote in message
...
> Thanks for your comments Bob. See mine below.
>
> On Sun, 28 Dec 2003 00:25:12 GMT, "Bob Whiteside"
> > wrote:
>
> >
> >"Bobbi" > wrote in message
> ...
> >> On Wed, 24 Dec 2003 08:14:13 GMT, Mel Gamble >
> >> wrote:
> >>
> >> >And not then unless you carefully dot all the "i"s and cross all the
> >> >"t"s...
> >>
> >> True. we know that we have to do *everything* through the courts and
> >> that if in college, or other reasons, sometimes the CS can continue
> >> past that age. The point is, we'd rather be giving the money to the
> >> daughter who it's *supposed* to be for - rather than the mother who
> >> it's *not* for.
> >>
> >> The latest *idea* from the CP is that the daughter rent from her
> >> live-in boyfriend (an apartment next door to them). How handy - some
> >> of that money will find it's way back to the CP's household. Not a
> >> good idea in our opinion.
> >>
> >> The CP is doing everything in her power to keep the daughter at home,
> >> or as close to home as she can. There is a lot of pressure being put
> >> on the daughter. There is after all an ulterior motive = $$$. It's
> >> going to get mighty ugly.
> >>
> >> Hubby and I have decided to back off and not push or suggest anything
> >> and let the daughter decide on her own. She's going to have to be
> >> independent someday and with her mom ragging on her, she doesn't need
> >> us doing it also.
> >
> >Points to look into and/or implement re post 17 support:
> >
> >1. Some states have statutes providing for post-secondary education CS
to
> >be paid directly to the adult child. Check out how your state handles
these
> >ongoing support payments.
>
> I will do that again because I think I've forgotten all the fine
> details. Did look it up about three years ago. Good suggestion.
>
> >2. If the child moves out of her mothers home, even if it is just next
> >door, she will meet the definition of being emancipated, i.e. no longer
> >living under the control of a parent and state mandated CS can be
stopped.
>
> I believe that's the case in our state, partially. I am pretty sure
> (unless the wording has changed since I read it about two years ago)
> that the child must be living outside the CP's household *and* working
> full-time (32 hours or more per week). I'll check into it again.
>
> >3. Check the language in the divorce decree regarding child custody. If
> >the decree states custody is for "minor" children and is silent on how
> >post-17 custody should be handled, the IRS rules revert back to the
parent
> >providing more than 50% of the child's support gets the child exemption.
> >With the exemption comes the ability to take education tax credits for
> >higher education expenses paid.
>
> The divorce decree was in Colorado and I believe really no longer
> applies. The divorce was 16 yrs ago and there is *no* wordage in it
> about post-17 custody at all. There is also no wordage on who gets the
> tax deductions. The NY family court "judge" awarded the tax exemptions
> to the CP two years ago. We tried to get it, but no luck. I will look
> into this too.

There is another part of the post-secondary education process that NCP
parents need to understand. I would highly recommend you become the
student's "expert" in financial aid issues including timely submission of
the Free Application for Student Aid (FAFSA) forms, the various federal and
state loans and grants available, as well as school financial aid awards and
billing procedures.

The place to start is:

http://www.ed.gov/prog_info/SFA/StudentGuide/2002-3/index.html

After reading this guide you will recognize the irony about post-secondary
CS being paid is it is counter-productive from the student's perspective.
CS received must be declared as available income and drives up the "Expected
Family Contribution" making out-of-pocket college expenses go up. The
challenge for the NCP is to communicate with the CP the financial facts with
particular emphasis on the CP keeping CS makes the student take out higher
loans and forces the student to pay more up front. If the CP keeps the CS
for their own use, the student is penalized doubly by having to make up the
CP's financial contribution by higher cash outlays and larger student loans.
And if the CP takes the tax credits and doesn't share them with the student,
the student losses in a third way.

[Bob Whiteside]

"Bobbi" > wrote in message
...
> Thanks for your comments Bob. See mine below.
>
> On Sun, 28 Dec 2003 00:25:12 GMT, "Bob Whiteside"
> > wrote:
>
> >
> >"Bobbi" > wrote in message
> ...
> >> On Wed, 24 Dec 2003 08:14:13 GMT, Mel Gamble >
> >> wrote:
> >>
> >> >And not then unless you carefully dot all the "i"s and cross all the
> >> >"t"s...
> >>
> >> True. we know that we have to do *everything* through the courts and
> >> that if in college, or other reasons, sometimes the CS can continue
> >> past that age. The point is, we'd rather be giving the money to the
> >> daughter who it's *supposed* to be for - rather than the mother who
> >> it's *not* for.
> >>
> >> The latest *idea* from the CP is that the daughter rent from her
> >> live-in boyfriend (an apartment next door to them). How handy - some
> >> of that money will find it's way back to the CP's household. Not a
> >> good idea in our opinion.
> >>
> >> The CP is doing everything in her power to keep the daughter at home,
> >> or as close to home as she can. There is a lot of pressure being put
> >> on the daughter. There is after all an ulterior motive = $$$. It's
> >> going to get mighty ugly.
> >>
> >> Hubby and I have decided to back off and not push or suggest anything
> >> and let the daughter decide on her own. She's going to have to be
> >> independent someday and with her mom ragging on her, she doesn't need
> >> us doing it also.
> >
> >Points to look into and/or implement re post 17 support:
> >
> >1. Some states have statutes providing for post-secondary education CS
to
> >be paid directly to the adult child. Check out how your state handles
these
> >ongoing support payments.
>
> I will do that again because I think I've forgotten all the fine
> details. Did look it up about three years ago. Good suggestion.
>
> >2. If the child moves out of her mothers home, even if it is just next
> >door, she will meet the definition of being emancipated, i.e. no longer
> >living under the control of a parent and state mandated CS can be
stopped.
>
> I believe that's the case in our state, partially. I am pretty sure
> (unless the wording has changed since I read it about two years ago)
> that the child must be living outside the CP's household *and* working
> full-time (32 hours or more per week). I'll check into it again.
>
> >3. Check the language in the divorce decree regarding child custody. If
> >the decree states custody is for "minor" children and is silent on how
> >post-17 custody should be handled, the IRS rules revert back to the
parent
> >providing more than 50% of the child's support gets the child exemption.
> >With the exemption comes the ability to take education tax credits for
> >higher education expenses paid.
>
> The divorce decree was in Colorado and I believe really no longer
> applies. The divorce was 16 yrs ago and there is *no* wordage in it
> about post-17 custody at all. There is also no wordage on who gets the
> tax deductions. The NY family court "judge" awarded the tax exemptions
> to the CP two years ago. We tried to get it, but no luck. I will look
> into this too.

There is another part of the post-secondary education process that NCP
parents need to understand. I would highly recommend you become the
student's "expert" in financial aid issues including timely submission of
the Free Application for Student Aid (FAFSA) forms, the various federal and
state loans and grants available, as well as school financial aid awards and
billing procedures.

The place to start is:

http://www.ed.gov/prog_info/SFA/StudentGuide/2002-3/index.html

After reading this guide you will recognize the irony about post-secondary
CS being paid is it is counter-productive from the student's perspective.
CS received must be declared as available income and drives up the "Expected
Family Contribution" making out-of-pocket college expenses go up. The
challenge for the NCP is to communicate with the CP the financial facts with
particular emphasis on the CP keeping CS makes the student take out higher
loans and forces the student to pay more up front. If the CP keeps the CS
for their own use, the student is penalized doubly by having to make up the
CP's financial contribution by higher cash outlays and larger student loans.
And if the CP takes the tax credits and doesn't share them with the student,
the student losses in a third way.

[Bobbi]

Bob,
This brings up *another* question. Do you know if the Student Loans
use the NCP's income to figure out if she is even eligible? Because if
that's the case, she's probably screwed and won't get a dime. CP has
*sole* custody and child hasn't lived with her father since she was 1
yr old.
Thanks.
The irony of all this is, that with the big CS we pay, hubby can't
afford to help her pay for college, and yet his gross income is fairly
high so that would dis-qualify her from student financial aid.
Catch-22.


On Sun, 28 Dec 2003 19:22:41 GMT, "Bob Whiteside"
> wrote:

>There is another part of the post-secondary education process that NCP
>parents need to understand. I would highly recommend you become the
>student's "expert" in financial aid issues including timely submission of
>the Free Application for Student Aid (FAFSA) forms, the various federal and
>state loans and grants available, as well as school financial aid awards and
>billing procedures.
>
>The place to start is:
>
>http://www.ed.gov/prog_info/SFA/StudentGuide/2002-3/index.html
>
>After reading this guide you will recognize the irony about post-secondary
>CS being paid is it is counter-productive from the student's perspective.
>CS received must be declared as available income and drives up the "Expected
>Family Contribution" making out-of-pocket college expenses go up. The
>challenge for the NCP is to communicate with the CP the financial facts with
>particular emphasis on the CP keeping CS makes the student take out higher
>loans and forces the student to pay more up front. If the CP keeps the CS
>for their own use, the student is penalized doubly by having to make up the
>CP's financial contribution by higher cash outlays and larger student loans.
>And if the CP takes the tax credits and doesn't share them with the student,
>the student losses in a third way.

[Bobbi]

Bob,
This brings up *another* question. Do you know if the Student Loans
use the NCP's income to figure out if she is even eligible? Because if
that's the case, she's probably screwed and won't get a dime. CP has
*sole* custody and child hasn't lived with her father since she was 1
yr old.
Thanks.
The irony of all this is, that with the big CS we pay, hubby can't
afford to help her pay for college, and yet his gross income is fairly
high so that would dis-qualify her from student financial aid.
Catch-22.


On Sun, 28 Dec 2003 19:22:41 GMT, "Bob Whiteside"
> wrote:

>There is another part of the post-secondary education process that NCP
>parents need to understand. I would highly recommend you become the
>student's "expert" in financial aid issues including timely submission of
>the Free Application for Student Aid (FAFSA) forms, the various federal and
>state loans and grants available, as well as school financial aid awards and
>billing procedures.
>
>The place to start is:
>
>http://www.ed.gov/prog_info/SFA/StudentGuide/2002-3/index.html
>
>After reading this guide you will recognize the irony about post-secondary
>CS being paid is it is counter-productive from the student's perspective.
>CS received must be declared as available income and drives up the "Expected
>Family Contribution" making out-of-pocket college expenses go up. The
>challenge for the NCP is to communicate with the CP the financial facts with
>particular emphasis on the CP keeping CS makes the student take out higher
>loans and forces the student to pay more up front. If the CP keeps the CS
>for their own use, the student is penalized doubly by having to make up the
>CP's financial contribution by higher cash outlays and larger student loans.
>And if the CP takes the tax credits and doesn't share them with the student,
>the student losses in a third way.

[Bob Whiteside]

"Bobbi" > wrote in message
...
> Bob,
> This brings up *another* question. Do you know if the Student Loans
> use the NCP's income to figure out if she is even eligible? Because if
> that's the case, she's probably screwed and won't get a dime. CP has
> *sole* custody and child hasn't lived with her father since she was 1
> yr old.
> Thanks.
> The irony of all this is, that with the big CS we pay, hubby can't
> afford to help her pay for college, and yet his gross income is fairly
> high so that would dis-qualify her from student financial aid.
> Catch-22.

I need to give you a brief synopsis of the process to answer your question.
This stuff is explained in the link I posted. After reading it 2-3 times it
will start to make sense. My prior comments about the NCP becoming the
students financial aid "expert" should help with your situation. After
several discussions with the student, and answering their questions, the
students become "experts" too, and help communicate the financial aid
information to the CP. NCP's have to make it clear, i.e. they are only
going to pay once, either by CS or by helping the student without a formal
CS order.

The FAFSA form includes child and parent incomes. Students are mandated to
use one of their parent's income prior to reaching age 25 unless they meet
one of several definitions to be considered independent. Emancipation is
not considered in determining dependence/independence. The income numbers
on the FAFSA form are run through a formula created by Congress to determine
financial aid and, most importantly, the Expected Family Contribution (EFC).
Everyone qualifies for financial aid to cover expenses over the EFC.

The best strategy is for the student to use the lower income parent's
information to keep the financial aid high, and the EFC low. Additions and
subtractions are combined into the parent's earned income. (CS received is
one of the additions and the reason for my prior comments about this.)
Loans and grants are used to pay the difference between the EFC and the
actual cost of school. Grants are generally awarded on a first come, first
served basis until the money is used up. Loans are broken down by student
loans and parent loans. If the FAFSA form parent refuses to take out a
parent loan, they are screwing their own child, by making the student take
out even higher student loans.

Here's how we worked it out. We used my ex's income for the FAFSA since it
was lower than mine. My student took out the maximum student loans. My ex
took out parent loans to make up the difference. I paid CS which covered
books, supplies, miscellaneous expenses, transportation, and any other
expenses not covered by the loans, like Summer school tuition. The CS also
covered the fact my student went to school full time, including Summers, and
did not work part-time during the junior and senior years. My state is one
where the CS can be paid directly to the student. After the state mandated
CS ceased at age 21, I continued to give my student money.

It took me a while, but finally, with the help of my student, got my ex to
understand she was having to take out parent loans because she used the CS
for her living expenses. I did this by showing her appeal court decisions
where the court, in several cases, defined pre-18 CS as being for the care
and maintenance of minor children. And post-17 CS was intended to advance
the state's interest in an educated populace.

[Bob Whiteside]

"Bobbi" > wrote in message
...
> Bob,
> This brings up *another* question. Do you know if the Student Loans
> use the NCP's income to figure out if she is even eligible? Because if
> that's the case, she's probably screwed and won't get a dime. CP has
> *sole* custody and child hasn't lived with her father since she was 1
> yr old.
> Thanks.
> The irony of all this is, that with the big CS we pay, hubby can't
> afford to help her pay for college, and yet his gross income is fairly
> high so that would dis-qualify her from student financial aid.
> Catch-22.

I need to give you a brief synopsis of the process to answer your question.
This stuff is explained in the link I posted. After reading it 2-3 times it
will start to make sense. My prior comments about the NCP becoming the
students financial aid "expert" should help with your situation. After
several discussions with the student, and answering their questions, the
students become "experts" too, and help communicate the financial aid
information to the CP. NCP's have to make it clear, i.e. they are only
going to pay once, either by CS or by helping the student without a formal
CS order.

The FAFSA form includes child and parent incomes. Students are mandated to
use one of their parent's income prior to reaching age 25 unless they meet
one of several definitions to be considered independent. Emancipation is
not considered in determining dependence/independence. The income numbers
on the FAFSA form are run through a formula created by Congress to determine
financial aid and, most importantly, the Expected Family Contribution (EFC).
Everyone qualifies for financial aid to cover expenses over the EFC.

The best strategy is for the student to use the lower income parent's
information to keep the financial aid high, and the EFC low. Additions and
subtractions are combined into the parent's earned income. (CS received is
one of the additions and the reason for my prior comments about this.)
Loans and grants are used to pay the difference between the EFC and the
actual cost of school. Grants are generally awarded on a first come, first
served basis until the money is used up. Loans are broken down by student
loans and parent loans. If the FAFSA form parent refuses to take out a
parent loan, they are screwing their own child, by making the student take
out even higher student loans.

Here's how we worked it out. We used my ex's income for the FAFSA since it
was lower than mine. My student took out the maximum student loans. My ex
took out parent loans to make up the difference. I paid CS which covered
books, supplies, miscellaneous expenses, transportation, and any other
expenses not covered by the loans, like Summer school tuition. The CS also
covered the fact my student went to school full time, including Summers, and
did not work part-time during the junior and senior years. My state is one
where the CS can be paid directly to the student. After the state mandated
CS ceased at age 21, I continued to give my student money.

It took me a while, but finally, with the help of my student, got my ex to
understand she was having to take out parent loans because she used the CS
for her living expenses. I did this by showing her appeal court decisions
where the court, in several cases, defined pre-18 CS as being for the care
and maintenance of minor children. And post-17 CS was intended to advance
the state's interest in an educated populace.