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Ethan Clark

FAFSA confusion - Recent divorce but filing joint taxes - Who should be the contributor?

I'm totally stressed about my son's FAFSA application (due February 15) because our family situation is complicated. My ex and I separated in August, but our divorce wasn't finalized until January 10th of this year. We're filing our 2024 taxes jointly even though we lived apart for 5 months last year. I receive $1,850/month in child support, but my ex earns about 70% more than I do. My son stayed with me 4-5 days each week after the separation, so technically he lived with me more. His college counselor mentioned I might be able to list myself as the only contributor since my son lived with me the majority of the time. But I'm worried this might cause problems since we're filing taxes jointly and my ex provided more financial support overall. Has anyone dealt with something similar? Will listing only myself cause issues during verification? Any advice would be super appreciated - we're trying to submit this tonight!

You're encountering what's called a "date of separation" issue with the FAFSA. Since your divorce was finalized after January 1, 2025, but before the FAFSA submission, you have options. The FAFSA specifically asks about your marital status on the day you submit the application. If you're divorced on submission day, you'd only report your income, not your ex's. The child support does need to be reported as untaxed income, but your ex-spouse's income wouldn't be included if you're legally divorced when submitting. The joint tax return does complicate things, but the FAFSA is more concerned with your current status plus the tax information.

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Thanks for the clarification! So since we're legally divorced NOW when submitting, even though we're filing taxes jointly for last year, I should only report my income? That seems so strange but would definitely help his aid eligibility. I'm just worried we'll get flagged for verification if the numbers don't match our tax return.

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Don't listen to the counselor!!! If you file jointly for taxes then BOTH incomes have to be reported on FAFSA. I tried to do what your talking about last year and got flagged for verification and it delayed my daughters financial aid by 2 months. They made me submit both incomes anyway.

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That's not entirely accurate. The FAFSA instructions specifically state that marital status is determined as of the date you file the FAFSA. The joint tax return does require some additional explanation during verification, but the key factor is legal marital status on submission date, not tax filing status from the previous year.

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Your marital status on the day you submit the FAFSA is what matters most. Since your divorce is final as of January 10th, 2025, you would select "divorced/separated" on the FAFSA. The system will then only ask for your income information. However, since you filed taxes jointly, you'll need to separate out just your income from the joint return. This might trigger verification, but it's completely legitimate according to FAFSA rules. I would recommend you download the FAFSA PDF worksheet first (available on studentaid.gov) and work through calculating just your portion of the income before entering it into the actual online form. This will help if you get selected for verification later, as you'll already have your calculations documented.

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Thank you! This is SO helpful. Do you know if I need any specific documentation to separate my income from our joint tax return? Should I have my accountant prepare something specifically for this?

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Yes, it would be helpful to have your W-2 forms from 2024 ready, as these show your individual income. If you have any joint investment income or business income, you should document how you're splitting that (ideally as specified in your divorce decree). Having your accountant prepare a simple statement explaining how your income was calculated from the joint return could be very helpful if you're selected for verification. Keep all these documents organized and ready to submit if asked.

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i went thru something similar last yr with my divorce but it was finalized in november. the fafsa people kept sending me back and forth between departments and i couldn't get a straight answer. wasted like 3 weeks just trying to talk to someone who knew what they were talking about!!

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I had the same runaround when trying to reach FAFSA about my divorce situation. When I finally got through after dozens of attempts, I found out I'd been doing everything correctly all along! I recently discovered a service called Claimyr (claimyr.com) that gets you through to a Federal Student Aid agent without the wait. They have a video demo at https://youtu.be/TbC8dZQWYNQ that shows how it works. Saved me hours of frustration when I needed clarification on how to handle my divorce situation with the SAI calculation.

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The FAFSA is SUCH a nightmare for divorced families!!! My daughter is a sophomore now and we've been dealing with this garbage for two years. The schools all have different policies too which makes it WORSE. Some wanted both parents' info even though we were divorced and some only wanted the primary parent. If your school uses the CSS Profile in addition to FAFSA, prepare for even MORE complications because they have completely different rules!!! 😤😤😤

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Oh no, I didn't even think about the CSS Profile! I know some of the schools my son is applying to require that as well. Are the rules really that different?

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YES!!! CSS Profile often requires BOTH biological parents' information regardless of marital status, even if one parent has zero contact! They call it "non-custodial parent profile" and it's a whole separate form. Check IMMEDIATELY if his schools require this because deadlines are strict and you might need to contact your ex for his financial info. Some schools will waive the non-custodial requirement but you need documentation and it's a huge headache.

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sounds like your situation is similar to mine last year. don't stress too much, even if you get selected for verification (we did) it's manageable. just submit what they ask for and they'll sort it out. my daughter still got her aid package by april.

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That's really reassuring to hear! Did you end up reporting just your income or both incomes?

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just reported mine since we were legally divorced by submission date. had to provide the divorce decree during verification and my w-2. took a few extra weeks but worked out fine

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According to the Federal Student Aid guidelines, you should report your marital status as of the day you're completing the FAFSA. Since your divorce was finalized on January 10th and you're filling it out now, you would select "divorced/separated" and only include your income information. However, since you filed taxes jointly for the previous year, you'll need to separate out just your portion of the income (your W-2 amount plus any other income specifically attributable to you). The fact that your son lived with you the majority of the time confirms you as the primary parent for FAFSA purposes. You should report the child support as untaxed income. Just be prepared that this situation might trigger verification, in which case you'll need to provide your divorce decree, W-2, and possibly a letter explaining how you separated the income from the joint tax return. The SAI (Student Aid Index) calculation will likely be more favorable using just your income rather than both parents, which could increase aid eligibility.

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Thank you for this detailed explanation! This makes complete sense now. I'll gather all those documents just in case we get selected for verification. It sounds like I'm on the right track reporting just my income since we're now legally divorced.

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my niece had the exact same thing happen. divorce happened Dec 26 but after she did FAFSA already with both parents. She had to go in and CORRECT the FAFSA after to change to just 1 parent. You can submit corrections anytime even after you submit the first time

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Oh, that's good to know! We haven't submitted yet, but it's helpful to hear that corrections are possible if our situation changes or if I make a mistake.

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I'm a financial aid counselor and want to clarify something important that might help reduce your stress. Since your divorce was finalized on January 10th, 2025, and you're submitting the FAFSA after that date, you are absolutely correct to report yourself as divorced and only include your income information. The joint tax filing from 2024 is completely separate from your current marital status for FAFSA purposes. Here's what you need to do: 1) Select "divorced/separated" as your marital status, 2) Report only YOUR income from the joint tax return (use your W-2 and any other income specifically yours), 3) Include the $1,850/month child support as untaxed income, and 4) Since your son lived with you the majority of the time, you are definitely the correct parent to complete the FAFSA. Don't let the joint tax return worry you - this is a common situation we see every year. If you're selected for verification, just have your divorce decree, your W-2, and a simple explanation of how you calculated your portion of the joint return ready to submit. Your son's aid eligibility will likely be much better using just your income rather than both parents' combined income from when you were married.

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