We don't need to put all of the tax stuff on the student unless and until there is an issue & the student posts to ask us for our opinions.

, Powered by Discourse, best viewed with JavaScript enabled, Parents Filling Married, But Separated for 10 Years, Publication 504 (2013), Divorced or Separated Individuals. A court orders a legal separation between a couple, mandating the rights of each spouse during the separation even though they are still legally married.

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If this student applies to colleges that ask for the non-custodial parent info, it will be REQUIRED whether the parents are divorced or not, filing separate taxes or not.

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Actually, according to the IRS, the mother is considered unmarried for tax purposes, and should file as head of household this year. Anyway, back to college financing …

. However, the court does not dissolve the marria… It’s sort of like being pregnant - one is either married or not married. On the other hand, roughly 15% remain separated indefinitely, many for ten years … However, in some states, a couple can be considered legally separated even if they still live together. He usually pays the remaining of the bills. Doesn’t matter if the couple live together, live apart, love each other or hate each other. Alicia, 46, and her husband separated in 2013. Over the years, their reason for staying married has evolved, she told Insider. [quote] The petitioner is allowed to remarry if the court provides a declaration of presumptive death of the absent spouse. It doesnt matter HOW the parents file their return for FAFSA purposes. It's not just the tax laws that are in play here. After multiple years of separation, you may lose track of your spouse, or you may not communicate with them anymore. The morther does not qualify for financial assistance because of her filling married.

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So is there any consesus on what is the right thing to do. Maybe the $900 is garnished from his salary and sent to her as child support and deducted from her benefit?

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If the mother is getting welfare, food stamps, free or reduced-price lunch, or other such program, the student is automatically zero EFC on the FAFSA, isn't she? In fact, many states have been amending these laws over the past few years, leaving the lower paid spouse in a crunch. If you were married as of December 31 of the tax year, you and your spouse can choose whether to file separate tax returns or whether to file a joint tax return together. We are not a law firm, or a substitute for an attorney or law firm. Glad to get confirmation!

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it sounds like the "child support" isn't just child support but her support as well.

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For tax advice, someone who knows the rules should look at the picture and give the mother the alternatives. Do the FAFSA using the estimated income she will include on the taxes (child support plus any other income). And, as I’m learning, can even vary on interpretation by each individual judge within a county. To understand more about the impact of a separation, you should understand the difference between a legal and nonlegal separation. There is no “sort of married” or “I’m married … but only ‘by law.’” Her parents have been separated for 10 years (he just left the home and never came back to live with her mom) They live in separate house for 10 years now, but he puts her on her taxes and files as married … And in some states, divorce after 10 years represents an important milestone when it comes to alimony. (Even though they live very poor already, but on paper the mother and daughter share the 100k the father makes, even though that is far from the truth)

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The mother should not allow the father to file taxes as married this year. • Legally separated from your spouse under a divorce or separate maintenance decree. And, yes, it is highly likely that documentation will be requested as to how the family lives during the year, as well as how the income on the joint tax return is split. However, … Although you can choose separation for an indefinite period, you should understand how the length of time can impact you. Standard live chat hours apply (10:00 a.m. to 10:00 p.m. Mon.-Fri; 9:00 a.m. to 5:00 p.m. Sat.-Sun. If I lived apart from my spouse from July 10 to December 31 but wasn't legally separated from my spouse under a decree of divorce or separate maintenance at the end of the year, can I file as … There is a change to this for this new 2014 FAFSA in that if parents are living together then whether married or not, both have to include financial info. I have been separated for over 10 years, my spouse left the marriage and now I don't know were it is. For FAFSA purposes, the mother should put herself on the FAFSA only...and only HER income and assets. If the father is giving some money to the family, for instance and if the mother insists she files her on taxes to get some credits, he could just stop giving the money. Get the right guidance with an attorney by your side.

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Publication 504 (2013), Divorced or Separated Individuals

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Moonkittie...the point I'm making...the mom cannot file as "head of household" or even "married filing separately" IF her husband continues to file jointly.

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But really, this has NO BEARING on the completion of the FAFSA.



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