"If mom realistically thinks you are her dependent then she is entitled to complete the FAFSA"
What qualifies as realistic? I have not been living with her, but she desperately wants to have me on her taxes etc. At the hearing (my dad was not present) she said who knows what to make herself the sole whatever, instead of doing a joint thing. She must have said some heinous things, as google is telling me that the "possessory conservator" that my dad is is usually reserved for parents who are a) criminals b) drug addicts and/or c) dangerous to the kids. http://www.heilalalaw.com/1/previous/2.html And if I am on my dad's taxes, she looks crazy for allowing me to live there after what she claimed in court.
"i don't know if parents are squabbling over some major asset...but there is a quirky rule that assets in a divorce debate are OUT of the asset count under FAFSA."
The driving factor behind all of this is my parents business, but it doesn't have to be listed anyway because it has less than 100 employees as the FAFSA people told us.
"There can be severe penalties for a falsified tax return!"
Not if you can't pursue the issue. I have heard it is near impossible to find a lawyer willing and equipped to deal with a convoluted federal case involving tax fraud when a family law issue (divorce) gets dumped on it (with very convenient timing, I might add).
She just sent me this behemoth (obviously not written by her), any ideas on what to tell her.......?
"The Temporary Orders also say that as temporary sole managing conservator, I have the following exclusive rights and duty:
1. the right to establish the primary residence of the children;
. . . . .
4. the right to represent the children in legal actions and other decisions of substantial legal significance concerning the children;
. . . . .
5. the right to make decisions concerning the child's education.
Under these Orders, I am obligated to follow through with the various requirements specified in the Orders in a manner consistent with them.
The messages below contain discussions about how to proceed with requirements for payment of Federal taxes, and also for applying for Financial Aid for College for [me]. Based on the Court Orders, it is my responsibility to follow through in payment of Federal Taxes, and also to apply for financial aid for [me] for college as the temporary sole managing conservator. Specifically, my understanding is that this requires the following of me:
- For Federal Taxes, if I file as married filing separately, to include all [x] children as my dependents;
- For Financial Aid Applications and Forms, to complete these as the temporary sole managing conservator or custodial parent.
These requirements are implied by the provisions of the Order. The Temporary Orders provide a legal structure for each of us, and it is up to us to follow through with implementing the Orders as intended in various situations that arise. For instance, with respect to the process of applying to colleges and financial aid for [me] for school, although the Order does not explicitly say that "Temporary Sole Managing Conservator" means "custodial parent", it does not need to make that statement. Given that the Order says I have the exclusive right to make decisions concerning the child's education, it is implied that I am the "custodial parent" for purposes of decisions and forms related to college for [me], including financial aid applications. Also, although the Order does not explicitly say that you need to fill out the IRS Form confirming that the children are my dependents, it does not have to say that either; the requirement is implied as a natural consequence of the Order."