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Amara Nnamani

FAFSA 2025-2026: Grandchild with legal custody and expiring Social Security death benefits

I'm completely lost trying to figure out my granddaughter's FAFSA status for 2025-2026. We have legal custody (not adoption) and she's been getting Social Security survivor benefits since her father passed. These benefits end when she graduates in June 2025. I've called the Federal Student Aid office twice and gotten contradicting answers about whether she's considered independent or dependent for FAFSA purposes. One person said legal custody makes her independent, another said only court-appointed guardianship or adoption counts. Also, do these Social Security death benefits need to be reported on her FAFSA even though they'll stop right when she starts college? Will they affect her aid calculation? I'm trying to help her apply for colleges now and we need to understand what she might qualify for. Any experienced guidance would be SO appreciated.

With legal custody but no adoption, your granddaughter is most likely still considered a DEPENDENT student for FAFSA purposes. The 2025-2026 FAFSA has specific criteria for independent status: - 24+ years old - Married - Graduate/professional student - Active military/veteran - Children they support - Emancipated minor - Legal guardianship (not just custody) - Homeless/at risk of homelessness - Orphan/ward of court/in foster care after age 13 Legal custody is different from legal guardianship. Unless there's court documentation specifically stating "legal guardianship," she'll probably need to report your information as her custodial grandparent.

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Amara Nnamani

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Thank you for this detailed breakdown. So if I understand correctly, as her custodial grandparent with legal custody, my income and assets would need to be reported on her FAFSA? And what about the Social Security benefits that end in June 2025?

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my cousin was in a similar situation and they got really confused with the FAFSA stuff... ended up having to appeal with the financial aid office at each school bc the FAFSA ppl kept giving different answers. good luck!!

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Dylan Cooper

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For the Social Security survivor benefits, you'll need to report them on the 2025-2026 FAFSA even though they'll end when she graduates. The FAFSA uses 2023 tax year information for the 2025-2026 application, so any benefits she received during 2023 would need to be reported. However, since this represents a significant change in circumstances (benefits ending), you should contact each college's financial aid office after submitting the FAFSA to request a professional judgment review. Provide documentation showing the benefits will end in June 2025, and they can adjust her financial aid package accordingly. And yes, as custodial grandparents with legal custody, your household income and assets would be included on her FAFSA.

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Amara Nnamani

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Thank you for explaining this. It's frustrating that they use 2023 information when her situation will be completely different by the time she starts college. Do you know if we need any special documentation for the professional judgment review besides proof of when the benefits end?

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Sofia Morales

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soooo sorry about your situation but the fafsa system is SO BROKEN!!! my nephew went through something similar with his grandma (also custody not adoption) and the schools kept saying different things than the fafsa people. it took like 3 months to sort out!! ridiculous tbh

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StarSailor

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I work in college financial aid and see this situation fairly often. For professional judgment reviews (what we call special circumstances appeals), you'll typically need: 1. A letter explaining the situation and why current financial circumstances differ from 2023 2. Documentation showing when the Social Security benefits end 3. Any court documents showing your legal custody arrangement 4. Possibly your 2024 tax information once available Each school handles these differently, but most have a special circumstances form on their financial aid website. I recommend applying to colleges early and contacting their financial aid offices in January/February 2025 about this issue.

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Amara Nnamani

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This is incredibly helpful, thank you! I'll start gathering these documents now. Should we mention this situation in her college applications or wait until after she's accepted?

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Dmitry Ivanov

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Have you tried getting thru to FSA directly? I was having similar issues with dependency status questions and kept getting disconnected or told different things. I finally used claimyr.com to get through to an actual FAFSA agent who could give me an official answer instead of the conflicting info I was getting. They have a video demo of how it works here: https://youtu.be/TbC8dZQWYNQ The agent I spoke with was able to note my account with the correct dependency status determination so I didn't have to keep arguing with different people. Might be worth trying since your situation is so specific!

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Ava Garcia

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Is that service legit? seems weird to pay someone just to talk to FAFSA when its supposed to be free?? 🤔

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Dmitry Ivanov

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Yeah I was skeptical too but honestly after spending HOURS trying to get through myself it was worth it. They just connect you fast instead of waiting on hold forever. The actual FAFSA conversation is between you and the agent.

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StarSailor

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To address your other question - wait until after acceptances to discuss the financial circumstances with the aid offices. The admissions and financial aid processes are typically separate (though connected). On the application itself, your granddaughter could briefly mention being raised by grandparents in her personal statement if it's relevant to her story, but save the financial details for the aid office after acceptance. I've seen students successfully appeal in similar situations. The key is documentation and timing - submit the FAFSA as required, then immediately follow up with each school's financial aid office about your special circumstances.

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just wondering but did u ever get anything in writing from the court about her being in your custody?? my friend had issues bcuz they had verbal custody agreement but nothing official from the court and fafsa wouldn't recognize it

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Amara Nnamani

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Yes, we do have official court documents for the legal custody. That's why I was confused when one FAFSA rep told me that would make her independent, but another said it wouldn't. Sounds like the second person was correct based on the responses here.

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Ava Garcia

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THE ENTIRE SYSTEM IS DESIGNED TO CONFUSE FAMILIES!!!! I went through this with my sister's kids and it was AWFUL. Legal custody is NOT the same as legal guardianship for FAFSA and they make it deliberately confusing. And the professionals giving different answers?? Happens ALL THE TIME. Document EVERYTHING. Get names of who you talk to. The whole system is rigged against non-traditional families even though they pretend it isn't.

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While I understand your frustration, it's important to note that the distinction between legal custody and guardianship exists in legal terms beyond FAFSA - they really are different legal statuses with different implications. That said, I agree the system could do much better at clearly explaining these distinctions to families.

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Dylan Cooper

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One more thing to consider - if your granddaughter has unusually high Social Security benefits now that will end, check if she might qualify for the Student Aid Index (SAI) recalculation. While the standard FAFSA uses 2023 info, colleges can recalculate based on your projected 2025 income after the benefits end. This could significantly increase her aid eligibility. Also, consider checking if she qualifies for any scholarships specifically for students who've lost a parent. Many colleges and private organizations have these, and they're often overlooked.

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Amara Nnamani

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Thank you all for your helpful responses! I feel much clearer now about how to approach this. I'll follow the advice to: 1. File the FAFSA listing myself as the custodial grandparent 2. Include the 2023 Social Security benefits as required 3. After acceptances, contact each financial aid office about a professional judgment review 4. Provide documentation of both the legal custody arrangement and the June 2025 end date for benefits 5. Look into scholarships specifically for students who've lost a parent I really appreciate everyone taking time to explain this complicated situation. It's frustrating that the system makes it so difficult to navigate these non-traditional family situations, but at least we have a clear path forward now.

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I'm glad you found all the advice helpful! One additional tip - when you contact the financial aid offices after acceptances, ask specifically about their "Special Circumstances" or "Professional Judgment" process. Some schools have specific forms for this, while others just want a letter and documentation. Getting on their radar early in the process (like January/February) can really help since these reviews take time. Also, don't be discouraged if you have to explain the situation multiple times to different people at each school. Unfortunately, these cases are complex and not every staff member will be familiar with the nuances between custody and guardianship. The key is persistence and good documentation. Your granddaughter is lucky to have you advocating for her through this process!

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Emma Davis

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This is such great additional advice, thank you! I hadn't thought about the timing aspect of contacting schools early in the year. January/February makes sense since that's probably when they're starting to review aid packages anyway. And you're absolutely right about persistence - I've already experienced the confusion with different FAFSA reps giving conflicting information, so I should expect the same at the school level. I'll make sure to keep detailed notes of who I speak with and what they tell me. Really appreciate the encouragement too - navigating all this for her feels overwhelming sometimes, but posts like these make me feel like we can figure it out!

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