FAFSA with temporary guardianship - whose income counts when parents absent?

This is actually a common situation! For FAFSA purposes, a legal guardianship (even temporary) established by a court means your nephew would be considered independent. This means your income AND his parents' income would NOT be considered. He would file the FAFSA as an independent student using only his own income information. The critical thing is having documentation of the court-ordered temporary guardianship when he completes the FAFSA. Without that, he'd be considered dependent and would need his parents' information. If his guardianship status changes before he files for the 2025-26 school year, that could affect his status, so keep that in mind.

There's some confusion here that needs clarification. Legal guardianship for FAFSA purposes is very specific. Your nephew is only considered independent if: 1) The court document specifically states "legal guardianship" (not just custody) 2) The guardianship was established by a court in your state of legal residence 3) The guardianship wasn't created by his parents (like through a power of attorney) If all those conditions are met, then yes, he files as independent. But if the guardianship doesn't meet FAFSA's specific definition, he'll still be considered dependent and need his parents' information. I recommend getting a copy of the exact court documents and having a financial aid counselor review them before assuming he's independent.

dont make the same mistake i did!!! i was my brothers guardian and thought he'd be independent but the fafsa people said no because it wasnt "legal guardianship" it was just custody. he got ZERO aid because we couldnt get his parents to fill out the forms. definitely talk to a financial aid person at the schools hes applying to BEFORE you submit anything

Another option if he can't qualify as independent: He can submit the FAFSA without parent info and indicate he has special circumstances. The financial aid office at each college can then do a "dependency override" on a case-by-case basis. You'll need to document the situation (court papers, letters from school counselors/social workers confirming no parental contact, etc). But honestly, with his situation, it sounds like he should qualify as independent if the guardianship paperwork is properly worded.

Just wanted to add that your nephew might qualify for additional scholarships based on his circumstances. Many colleges have special funds for students who've overcome significant challenges. Make sure he mentions his situation in application essays (tastefully) and speaks directly with financial aid offices about his background. Some schools have special pots of money for situations like his.

not to go off topic but your nephew is so lucky to have u stepping up like this. my sister went thru similar and ended up in foster care bouncing around instead. good on you and good luck with the fafsa mess!

Regarding your timing question about when to submit FAFSA - the 2025-26 FAFSA will use 2023 tax information, not your current or future income. So your upcoming retirement won't impact what's reported on the FAFSA if your nephew is filing for the 2025-26 year. However, if he qualifies as independent, then your income won't matter either way - only his 2023 grocery store income would count. If he somehow ends up needing to be considered dependent and your income in 2023 was much higher than your current situation, you can request a special circumstances review from college financial aid offices AFTER submitting the FAFSA with the required 2023 information.

i spent HOURS on hold with fafsa last month trying to get a similar question answered and kept getting disconnected its so frustrating!!!!!

One more thing to consider - make sure your nephew has all his essential documents organized well before application time. For independent students with unusual circumstances, colleges often request: 1. Court guardianship documents (certified copies) 2. Letter explaining the situation 3. His tax returns/W-2s 4. Letters from professionals (teachers, counselors, social workers) verifying circumstances 5. Any documentation showing when parental contact/support ended Keeping all this organized from the start will save a huge headache later. The FAFSA verification process can be particularly intense for independent students in his age group since it's unusual for most high school students to qualify as independent.

sometimes i think they make this confusing on purpose i swear.

As someone who works in college financial aid, I want to emphasize how crucial it is to get that court documentation reviewed ASAP. The term "temporary" in your guardianship might actually work in your favor - many people don't realize that temporary legal guardianship still qualifies for independent status as long as it meets FAFSA requirements. One thing I haven't seen mentioned yet: if your nephew does qualify as independent, he'll also be eligible for higher federal loan limits ($9,500 for freshmen vs $5,500 for dependent students). This could be significant given his situation. Also consider having him apply for a fee waiver for college applications - students in guardianship situations often qualify, and it can save hundreds of dollars when applying to multiple schools.

I went through a similar situation with my younger brother a few years ago. One thing that really helped us was reaching out to the National Association of Student Financial Aid Administrators (NASFAA) - they have resources specifically for unusual family situations like guardianship. Also, don't forget to look into state-specific aid programs. Many states have special grants or scholarships for students who've aged out of foster care or are in guardianship situations. Since your nephew is still in high school, he might qualify for programs that help with both his senior year expenses and college prep. The financial aid office at his target schools will be your best friend throughout this process. I'd recommend scheduling appointments with them during his junior year to walk through his specific situation - they deal with these cases more often than you'd think and can provide school-specific guidance on what documentation they'll need.

Just wanted to add another resource that might help - the Federal Student Aid (FSA) website has a specific section called "Special Circumstances" that walks through situations like yours. It includes sample documentation and explains exactly what qualifies someone for independent status due to guardianship. Also, since your nephew is working part-time, make sure he keeps detailed records of his earnings. If he does qualify as independent, his income will be assessed differently than a dependent student's income - there are certain allowances and protections that might actually work in his favor for aid calculations. One last tip from my experience helping other families: start a timeline document of all the key events (when guardianship was established, when parental contact/support ended, etc.). Financial aid offices sometimes ask for very specific dates, and having everything documented clearly can speed up the verification process significantly.

One thing I haven't seen mentioned yet that could be really helpful - if your nephew does end up qualifying as independent, he should also look into work-study programs at the colleges he's considering. Since he already has work experience at the grocery store, he'd be a great candidate, and work-study income is treated more favorably in financial aid calculations than regular employment income. Also, given that he's only a junior, you might want to consider having him take the PSAT this fall if he hasn't already. Students in situations like his often qualify for fee waivers for the SAT/ACT and AP exams, which can add up to significant savings. Plus, a strong PSAT score could open doors to National Merit scholarships and other merit-based aid that doesn't depend on family income at all. It sounds like you're already thinking ahead really well - he's lucky to have such a supportive guardian advocating for him!

As someone who went through a similar guardianship situation with my cousin a few years back, I wanted to share something that really helped us - contact your state's Department of Education directly in addition to the federal resources mentioned here. Many states have specialized staff who deal specifically with guardianship/foster care FAFSA situations and they often know the nuances better than general financial aid counselors. Also, since your nephew is still a junior, this gives you a huge advantage in timing. We waited until senior year to start figuring this out and it was incredibly stressful. You're already ahead of the game by planning now! One more thing - if his temporary guardianship gets converted to permanent guardianship at any point, make sure to get updated court documents immediately. Some colleges are very particular about having the most current paperwork, and having outdated documents can cause delays during verification season when everyone's scrambling to submit financial aid forms. The fact that you're both retiring soon actually might work in your favor if he somehow doesn't qualify as independent - many financial aid offices are very understanding about major life changes like retirement and can make adjustments through professional judgment if needed.

I'm a financial aid administrator at a state university, and I wanted to add a few practical tips based on what I see come through our office regularly with guardianship cases: 1. Get multiple certified copies of the court documents NOW - you'll need them for multiple schools, and it's much easier to get them all at once than scrambling later. 2. Consider having your nephew establish a relationship with his high school guidance counselor who can write supporting letters. We often need third-party verification of circumstances, and counselors who know the student's situation are invaluable. 3. When he does apply to colleges, have him mention his guardianship status in the "additional information" sections of applications. This flags his file for our office to pay special attention during the aid review process. 4. Start a folder with EVERYTHING - court docs, letters from professionals, timeline of events, his tax documents, etc. Organization is key when you're dealing with unusual circumstances. The good news is that if his temporary legal guardianship meets FAFSA requirements (which it sounds like it will), this actually puts him in a much better financial aid position than most students. Independent status plus likely very low income equals maximum federal aid eligibility. You're doing an amazing thing for him, and starting early like this shows you're approaching it exactly right!

I'm new to this community but wanted to share my experience as someone who works with guardianship cases. One additional resource that might be helpful is connecting with your local CASA (Court Appointed Special Advocates) program - even though your nephew may not need a CASA volunteer at this point, they often have excellent connections with college access programs specifically designed for youth in guardianship situations. Also, don't overlook community college as a potential starting point if the four-year college finances become too complex initially. Many community colleges have partnerships with four-year universities, and starting there could give you more time to navigate the FAFSA complexities while he earns credits at a lower cost. Plus, some states have guaranteed transfer programs that could work really well for his situation. It sounds like you're building a solid foundation for his success - the fact that he's already working and you're planning this far ahead puts him in such a better position than many students in similar circumstances. Keep advocating for him!

I just wanted to chime in as someone who went through college with independent status due to guardianship - the advice here is spot on! One thing I'd add is to make sure your nephew understands that being independent for FAFSA purposes is actually a huge advantage financially, even though the circumstances that led to it are difficult. With his low income from the grocery store job and independent status, he'll likely qualify for the maximum Pell Grant ($7,395 for 2024-25), plus potentially state grants and institutional aid. That's money that doesn't have to be repaid. Combined with the higher loan limits mentioned earlier, he could have his education costs largely covered. Also, encourage him to keep working if possible - work experience is valuable for college applications and future opportunities, plus having some income shows financial responsibility to aid offices. Just make sure he knows to keep detailed records of all his earnings. The fact that you're planning this early and asking the right questions means he's going to be in such a better position than students who figure this out last minute. You're giving him an incredible gift by navigating all this complexity now!