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.