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Isabella Brown

Divorced parents filing jointly - Will ex's income count on FAFSA despite legal separation?

I'm trying to get ahead of the FAFSA application for my son who'll be a high school senior next year. My situation is a bit complicated: my husband and I have a legal separation agreement in place, but we still filed our 2023 taxes jointly because it made financial sense at the time. According to our separation agreement, I have full custody of my son - he lives with me 100% of the time, and his father doesn't contribute anything toward his expenses. When I fill out the 2025-2026 FAFSA, will I need to include his father's income even though he provides zero financial support? I'm worried this will seriously impact my son's aid eligibility since the combined income looks much higher than my actual household reality. Has anyone dealt with a similar situation? How do I make sure my son gets a fair assessment?

Unfortunately, this is a tricky situation with the FAFSA. Under the new FAFSA Simplification Act, if you're separated but filed taxes jointly, the system will likely require both incomes since that's what appears on your tax return. The FAFSA uses your tax information as the primary financial reference point. However, there are options! You should absolutely file a special circumstances appeal with each college's financial aid office after you submit the FAFSA, explaining your separation situation and documenting that your spouse provides no support. Most schools have processes for these situations.

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That's what I was afraid of... Do you know what kind of documentation I'll need for the appeal? Our separation agreement states I have full custody, but should I also be tracking expenses or anything else to show I'm the only one supporting him?

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my sister went thru this exact thing last year!!! The fasfa counted her ex's money and she got hardly any aid. then she had to do all these appeals at every single school. huge headache. maybe dont file jointly next year?

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Oh no, that's so discouraging. I'm definitely not filing jointly next year, but I'm stuck with our 2023 return for the upcoming FAFSA. Did your sister eventually get the aid adjusted through her appeals?

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You need to contact each college financial aid office directly after submitting the FAFSA. They call this a "professional judgment" review or "special circumstances appeal." You'll typically need: 1) Legal separation documentation 2) Proof of separate households 3) Documentation showing you're providing 100% support 4) Letter explaining your situation. Don't skip this step! Financial aid officers have significant discretion to adjust your SAI (Student Aid Index) for these situations. Just be aware the process varies by school - some make it relatively easy, others require extensive documentation.

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yep this is exactly what my sister did! took forever tho and she had to keep calling over and over to check on status. super frustrating!!!

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Ava Kim

Ugh I hate the FAFSA so much!!! This EXACT thing happened to me but in reverse - my husband and I were separated when my daughter applied and his income got counted even though he hasn't contributed a PENNY since she was 5!!!! FAFSA doesn't care about your real situation, they just want to deny aid to as many students as possible. The whole system is broken.

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While the frustration is understandable, it's not that FAFSA is trying to deny aid - they're working with a standardized formula based on tax returns. The appeals process exists specifically to address these situations, though I agree it should be more streamlined. Did you try filing special circumstances appeals with the colleges? Most schools have dedicated staff to review these cases.

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I went through a similar situation with my daughter last year. After struggling to get someone on the phone about our special circumstances (which literally took DAYS of calling), I found this service called Claimyr that got me through to a FAFSA agent in about 20 minutes when I'd been trying for over a week. You can see how it works at https://youtu.be/TbC8dZQWYNQ - it seriously saved me so much time and frustration. The agent walked me through exactly what documentation I'd need for my special circumstances and how to properly document everything for the financial aid offices. Just knowing the right process made everything so much easier.

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Thank you for the tip! I'll definitely check out that service if I run into phone troubles. Did the FAFSA agent give you any specific advice about the separation situation that helped your case?

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The agent told me to make sure I had: 1) A copy of the separation agreement 2) Documentation showing separate addresses 3) Bills showing I was covering all educational/living expenses 4) A personal statement explaining the situation. The most important advice was to contact each school's financial aid office IMMEDIATELY after submitting the FAFSA - don't wait for them to contact you. Every school has a different form for special circumstances.

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wait do u have to do special forms for EVERY school????? thats crazy!!! my son is applying to 12 schools, ur saying we have to do this 12 times?!!!?

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Yes, unfortunately you do need to submit separate appeals to each school. This is because each institution handles professional judgment reviews independently - the FAFSA just provides the initial data, but schools have their own policies for adjustments. Some schools have simple online forms, others require specific documentation packages. I recommend creating a master folder with all your documentation, then adapting it to each school's requirements. Start a spreadsheet to track submission dates, contact info, and follow-up schedules for each school.

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The spreadsheet idea is brilliant - I'll definitely do that. Given all this extra work, should I start the FAFSA process earlier than normal to give time for all these appeals? I don't want my son to miss out on aid because the appeals aren't processed in time.

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Absolutely start earlier! Submit the FAFSA as close to the opening date as possible (typically October), then immediately begin the special circumstances process with each school. This gives financial aid offices plenty of time to review before they start making aid offers. One more tip: the CSS Profile (required by many private schools) actually has a section where you can explain special circumstances directly on the form, so be sure to detail your situation there if any of your son's schools require it.

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Thank you! I didn't even know about the CSS Profile. I'll look into which of his potential schools require that. This is all so much more complicated than I expected, but I'm grateful for all this guidance.

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i saw a tiktok that said if ur separated but file jointly the FASFA will count BOTH incomes nomatter what!!!! they said its like the number 1 mistake people make and u cant fix it afterwards so ur basically screwed!!! is that true???

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That TikTok is only partially correct. Yes, the FAFSA itself will initially count both incomes from a joint tax return. However, the part about "can't fix it afterwards" is incorrect. The professional judgment/special circumstances process exists specifically to address situations like this. It requires extra work and documentation, but colleges absolutely can and do make adjustments for separated parents who filed jointly when proper documentation is provided.

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wasnt there something in the news about FAFSA changing all their rules? maybe the rules are different now and the advice people are giving is outdated??

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Good point! The FAFSA Simplification Act did make significant changes to the form and formula. However, the professional judgment authority for financial aid offices was actually strengthened, not weakened. Schools still have the ability to adjust for special circumstances like separation situations. If anything, the new system (using the Student Aid Index instead of EFC) gives aid officers more flexibility in these cases, though the basic documentation requirements remain similar.

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Thank you everyone for all this helpful advice! I'm going to: 1) Get all my documentation together now 2) Submit FAFSA as early as possible in October 3) Immediately start the special circumstances process with each school 4) Keep detailed records of all communications. I also talked to my ex about possibly filing an amended return to separate our taxes, but my accountant advised against it since it could trigger other complications. Fingers crossed the appeals process works out. I'll update here after we get through it to help others in similar situations!

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That sounds like a solid plan! One additional tip from my experience - when you're gathering documentation, also include any court orders or legal documents that specifically address child support (even if it's $0). Some schools asked for this as part of their review process. Also, don't get discouraged if some schools initially deny your appeal - you can often request a second review or speak with a supervisor. The squeaky wheel really does get the grease with financial aid offices. Good luck with everything, and definitely do update us on how it goes!

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This is such valuable advice! I'm just starting to learn about all this as a newcomer to the FAFSA process. The court order documentation tip is really helpful - I wouldn't have thought to include that. It's encouraging to hear that persistence with appeals can make a difference. Isabella, your organized approach gives me hope that even complicated situations like these can be navigated successfully with the right preparation and documentation.

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As someone new to navigating FAFSA complications, I really appreciate everyone sharing their experiences here. Isabella, your situation sounds incredibly stressful but your methodical approach is inspiring. I'm curious - for those who have been through the special circumstances appeals process, roughly how long did it take to get responses from the financial aid offices? I'm trying to plan my own timeline and wondering if I should expect weeks or months for schools to review these cases. Also, did any schools ask for additional documentation beyond what you initially submitted, or was the standard package (separation agreement, proof of separate households, support documentation) usually sufficient?

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