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Where can I get advice on fasfa?

Where can I get advice on fasfa?
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Answered in 1 minute by:
3/22/2018
rayanswers
rayanswers, Attorney
Category: Education Law
Satisfied Customers: 46,384
Experience: Texas lawyer for 30 years representing children and parents.
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Whats questions do you have,thanks

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Customer reply replied 30 days ago
Im divorced and in decree it states I may have my son as an dependent on my taxes as long as he doesn't file independent. The decree was done in Nov 2017. My x says he files as independent and I can not claim him. He is 20 yr old full time student and so he should state someone else can claim him- right?. Her fear is that he will get less support if I claim him on my taxes.Wht am I entitled to that wont negatively affect my sons fasfa?

If the son filed independently you cannot claim him.If he hasn't filed claiming himself then you would be able too.Only one person can claim him.

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It is better for son if he claims himself and you let this go.It makes him look poorer for FAFSA purposes.

I appreciate the chance to help you today.Thanks

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 30 days ago
But legally can he file his taxes as an independent - is that his choice? I believe she may have had him file independently on his taxes to get better FSFSA - if so why wouldnt' every student file independenetly on their taxes?

Undergraduate it won't matter, graduate school it matters because they are independent.The problem here is if he already filed you cannot claim him.If you filed first then you could claim him.No double claiming they will audit your return here.

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Why Does Dependency Status Matter?

Parent information is required on your FAFSA if you are a dependent student but not if you are an independent student. (Some medical and law schools require parent information for independent students. So, check with your school to find out.)

Your dependency status can affect the amount and types of financial aid you are eligible for.

In most cases, independent students will qualify for more financial aid.

However, if you are independent because you are married, you will have to include your spouse’s financial information on the FAFSA. This can sometimes result in less financial aid.

FAFSA Dependency Status vs. IRS Dependents

Dependency status on the FAFSA is different than dependency status on federal income tax returns.

It doesn’t matter whether or not your parents claim you as a dependent (exemption) on their federal income tax return. Being a dependent on a tax return doesn’t affect your dependency status on the FAFSA.

The opposite is also true. Being a dependent on the FAFSA doesn’t affect your dependency status on your parents’ tax return.

You could be financially self-sufficient and file your own federal income tax returns, but still be considered a dependent student on the FAFSA.

Dependency Status and Dependency Overrides

If you answer “No” to all 13 of these questions, you are considered a dependent student. It doesn’t matter if you’re financially self-sufficient and don’t live with your parents.

If you answer “Yes” to at least one of the FAFSA dependency questions, you are considered an independent student.

If you are considered a dependent student and you have unusual circumstances, you can request a dependency override to receive independent student status. Contact your school’s financial aid administrator to find out if you qualify.

Here are some examples of unusual circumstances:

  • Death of a parent
  • Incarceration or institutionalization of both parents
  • Parental drug use
  • Parental mental incapacity
  • Parent whereabouts unknown
  • Student voluntary or involuntary removal from parents' home due to abuse that threatens student's safety and/or health
  • Student abandonment by parents
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Customer reply replied 30 days ago
how do I stop my x from filing him as independent before I do my taxes and claim him? Each year can she keep doing this to stop me from claiming him? Isn't he a dependent under tax law since he is under 24 and full time student? So aren't I entitled to claim him as dependent on my return and still leave his fasfa status alone, so he's independent on the fafsa? thanks-

So how do I stop my x from filing him as independent before I do my taxes and claim him?

File first, first to file gets the deduction here.If you do that you would get deduction and it should not affect FAFSA for undergraduate.

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Customer reply replied 30 days ago
finally, the decree states I can claim him if he does not "file an individual tax return as an independent". I saw my sons 2016 return that he does NOT have himself as an exemption (box 6a not checked) and assuming its the same for 2017 doesn't that mean he didn't file as an independent and the decree I can claim him?

Yes you can if he didn't claim himself here as you state.

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Thanks again I appreciate the chance to follow up.If you can positive rate5 stars it is much appreciated.Good luck here with all.

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Customer reply replied 30 days ago
I understand ..putting himself as an exemption (checking box 6a) would mean he is claiming himself as an independent? thx

Yes if he files a return himself only one person can claim dependent, here it is him or you.The second person trying to claim will have return flagged.Thanks and thanks for rating 5 stars.

rayanswers
rayanswers, Attorney
Category: Education Law
Satisfied Customers: 46,384
Experience: Texas lawyer for 30 years representing children and parents.
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