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My son is heading to college this fall. My husband and I…

Customer Question
My son is heading...

My son is heading to college this fall. My husband and I have been happily married for 10 years, he is the step Dad to my son (17) and daughter (14) and we have one child together (10). My husband also has a daughter from his first marriage (20) whom he contributes 1/4 of her college education. When we applied to Fianancial Aid my son is not eligible for any due to our incomes. The fact that we assist with my step daughters and that my children’s father does not have any incime

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

Sorry - got cut off. My 2 children’s Dad does not have any income. We basically cannot catch a break and can not afford to send my son to his dream college.

Lawyer's Assistant: Family law varies by state. What state are they in?

This leads me to my legal question...if my husband and I were to divorce on paper only would that be illegal? We would continue to live together, both stay on the mortgage, etc... Myself and the kids would have to get health insurance. The savings for my 2 kids (not the shares child we have together) would be about $250,000 for both of them to attend a 4 year college. Mind you, we would still be

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Be contributing over $25k each year for their education. It just makes no sense that we get hit whne he is not their biological

Submitted: 3 months ago.Category: Family Law
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Answered in 33 minutes by:
3/29/2018
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 13,407
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Family Lawyer: Legal Eagle, Lawyer replied 3 months ago

Thanks so much for your patience. In determining the need for aid, the federal government will look at your expected family contribution. They count the income of the child and their parents, even if they are unmarried. However, these are the legal parents; not step-parents. Thus, if you and your husband were to get a divorce, then only your income would be counted toward an aid calculation. Therefore, you could legally do this to improve his aid opportunities.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 3 months ago
I’m aware of he benefit. However, if we maintained our home together would that be illegal?
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago

No. It wouldn't be illegal. Because your husband isn't a legal parent, his household income won't be considered. Did you have other questions for me about this?

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