College Finances and Non-custodial parents...terminate Parental Rights?

Updated on November 06, 2013
J.B. asks from Boston, MA
13 answers

Hi - I've started some preliminary research on this and have some basic info but would love your real-world experiences and opinions. My step-daugther and oldest son are both HS sophomores so we are starting the very early stages of the college planning process. We have saved small amounts of money and while my in-laws have save quite a bit, the kids (and we) will still be financing a large part of their college costs.

My understanding is that on the FAFSA, only the custodial parents (which is us for both kids) would fill out the forms and supply financial information and that each application would include both my husband's and my income as we are each the spouse of the custodial parent for each child. We will definitely be filling out FAFSAs for both kids.

My understandig of the CSS is that it is used by many private schools, which will be a consideration for my SD, who is a high-performing student. The liklihood of my son going to something other than a state school is pretty small but I want to be prepared for anything. I have read that this is the messier application, where one has to report the finances of a non-custodial parent even if the NCP provides no support and has no contact with the child. Each school that uses the CSS has a separate waiver process to get around this requirement and some schools require ridiculous amounts of proof to show that the other parent really isn't in the picture and can't or won't contribute.

If the CSS info I have is correct, we are considering moving to terminate the parental rights of our kids' other parents. My son has never met his birth father, he lives somewhere out of state (his address can't be verified), had paid a total of $500 in child support and owes us over $30K more, and was in contact with my son briefly last year with my permission (gotta love FaceBook...not) but then disappeared again. He lives off the grid, gets paid in cash when he works and will certainly not pay a dime towards college. My SD's mother allegedly works and we have an address for her but despite living less than an hour away from us, has only seen my SD once since abandoning her 3 years ago and that visit was almost 2 years ago. We waived child support when we went to court for custody because getting custody was our primary goal and haven't gone back to court since because the status quo, as sad as it is, is what's best for my SD. We were not married to either parent so there are no divorce decrees and my child support order - which has been unsuccessful for 15 years - doesn't contemplate college.

Would getting parental rights terminated relieve us of the complications of dealing with these non-custodial parents in the college financing process? Neither one of them has anything to do with either child at this point. Of course there are other benefits to this for us too (passports, medical decisions etc.). We would of course take into consideration the kids' feeling about this and wouldn't do this if it made them feel horribly rejected. And yes I am aware that terminating parental rights isn't a simple process, that's why we're considering this now so that if we proceed, it's done in time if it goes through at all.

For those of you who are divorced, dealing with blended families, etc. how complicated was this process? Did you meet with a financial aid consultant and if you did, did you consider it worth the time and expense?

Thanks for any insight you can share!

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So What Happened?

Thanks everyone - it's interesting that CSS (it's actually called CSS Profile and there are regular and non-custodial parent versions of the forms) isn't something everyone is familiar with. I checked the list of schools that require these and it does seem that many of them are concentrated in the Northeast, which may explain why this is fairly routine around here. I remember filling out a version of this with my parents when I was going to college, so it's been around for a long time. Basically, schools that use it do so to determine non-federal financial aid, because FAFSA aid only goes so far. I think we'll meet with a financial aid officer sometime this year. The real wildcard is my SD's mother...she's easily findable and seems to be employed and making a decent salary. It would really suck to have her income count against aid for my SD when she won't actually be paying for anything and we don't have any way to make her pay.

In case anyone else reads this and is interested, here is a list of schools that use the CSS PROFILE along with which also require the non-custodial parent forms:
https://profileonline.collegeboard.org/prf/PXRemotePartIn...

Featured Answers

J.S.

answers from Richland on

There is no upside to terminating parental rights. They look at the 1099 of the parent that claims them as a dependent. So I got my older two as dependents so their FAFSA was filled out with my information alone. I was single at the time. Had I been married I would have had to claim my husbands income as well. Still that can't be avoided with rights termination.

Anyway, wasn't complicated at all. Two kids through school, no trouble at all. They may audit you and ask for an ex's financials but you don't have to provide them.

The problem with termination of rights is say we have a lottery winner or rich uncle dies, you can't get that back child support.

Pfft! Theresa messages me with her questions.

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T.N.

answers from Albany on

I currently have two kids in private colleges. At no time, and in no way did we ever have to report their father's (non custodial parent) income.

I don't even know what CSS is.

ALL financial info requested by the government or individual colleges are based singularly on the custodial parents income.

In fact, where ever you see the word "parent or guardian" on ANYTHING college related, it refers only to whoever has legal physical custody. Or in the event of no court involved, whomever the child has lived with for the majority of the past 12 months. Believe me, there are many families with more complicated situations than yours and mine!

I've done it twice, and have one more to go, PM me with more specific questions if you have them. I'm becoming a bit of an expert!

:)

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M.P.

answers from Portland on

I urge you to talk with an attorney about the process of terminating
parental rights. Doing so may not be feasible. Also talk with a financial advisor who is familiar with CSS requirements. Termination may not help or be needed. Do consider it's effect on your children. Terminating rights can be very emotional.

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G.B.

answers from Oklahoma City on

I wouldn't do anything through the court system. But what you do need to do is contact a financial aid counselor at any local college or call the 1-800 number on any FAFSA form to ask questions.

I think you are WAY over-thinking this. I think your kids will get financial aid for college and it won't be near this complicated.

After talking to the FAFSA counselor you'll have a much clearer picture as to what goals you need to set.

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A.V.

answers from Washington DC on

We are the custodial household. We were able to fill out the FAFSA without issue. My own father was MIA and my sister and I still qualified for scholarships and loans. I would not terminate rights, as that would be a whole can of worms. You should also talk to some of the college financial aid offices. We got a lot of information when the sks narrowed their choices to just a few schools.

ETA: Frankly, if it impacts their ability to get financial aid, that's when you explain to the financial aid office that the parent is MIA and does not support SD. That SD would love to go to that school, but is unable to do so if the mother's finances count against her. My SD talked to Hoffstra when she got their package and they came back with a better one. It would have left her still in a big loan hole so she didn't go (for that and other reasons) but your sks may be able to negotiate once all the information is out there. There are just so many other ramifications to a termination of rights that I wouldn't do it for college funding.

My DH's ex did not pay CS, and does not pay for any tuition now. Our financial agreement with the sks is that WE can provide X and anything else is theirs - SS got a scholarship and SD is taking loans and working. Neither has asked BM for money. Even if you got CS or she had visitation, it wouldn't be a guarantee that college would be paid for by the other parent. I feel it is nice if parents can help, but it is not mandatory. I had to figure out my own way, as my mom couldn't afford it. My sister and I both went to college. I'm sure your sks can find a good school or a way to make it happen. Perhaps start at a community college for the basics and transfer or go to a smaller school or go in state vs out of state. There are also often meetings for parents at the high schools, so ask the guidance office about those.

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V.B.

answers from Jacksonville on

I am not clear about the financial aid process. We aren't quite there yet, and have an intact nuclear family, so no crazy ex's to factor into anything we do. But I worked in family law for quite some time, and I disagree that terminating parental rights does anything regarding any future inheritance of your child.

Termination of parental rights is just that. A termination of the right of the parent over any control or decision making for the child. As such, it doesn't terminate any of the CHILD's rights. And therefore, am not clear how that would help in your situation to pursue that anyway...

Now, having your child become emancipated... that might be an avenue... I don't know. My husband had to do that when he went through the financial aid/student loan scene nearly 30 years ago... And his was a mess. He was adopted by his grandparents, one of whom had died and one of whom was incapacitated in a nursing home by the time he went to college. He had moved into his mother (legally his sister)'s home for a short time and trying to fill out forms was a nightmare for him.

What I would suggest, if you haven't already, is contact the guidance office at your children's school and schedule a meeting with them to discuss this stuff. Our local high school spends a lot of time putting out and organizing information just like this for the rising underclassmen. They could be an incredible resource for you.

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A.S.

answers from Boca Raton on

JB - what about you and your husband adopting each other's kids? Would that mess up the names they've always used? You could terminate and adopt in one fell swoop (?? - depends on the law in your state).

With my 19 year old (with my ex-H) we are planning to simply cash-flow college so we haven't had to deal with the FAFSA. My son took a gap year to travel, gain some life experience, and to continue musical and theater pursuits. Right now he's working close to full time but will start school in January. That being said, my ex has always been involved in our son's life.

One nice perk is that my son has in-state tuition in two states (at least our two particular states) because his parents live in two different states. That surprised me. But again, both of us have always been involved.

I hope you can come up with a relatively easy, painless solution. Didn't know if adoption was an option.

Good luck.

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D..

answers from Miami on

I can't answer any of your questions since we don't have a blended family or non-custodial parents in our situation. I do want to tell you that your step-daughter, who is as you say, a high performing student, may do even better financially at a private school. My son, who is in his junior year in college, was awarded enough of a scholarship that we pay LESS for his college education than if he had one to a state university. The state universities don't give much merit money - they don't have to. We didn't qualify for needs based money, but we did apply to FAFSA because there is an amount that they loan on an unsubsidized basis to the student. Our deal with our son is that since it is in HIS name, HE is responsible for the debt. IF his semester grades are above a certain point, we will cover THAT semester for him. If his semester grades were to dip below it, then HE is on the hook for that semester.

(Just to let you know, and unsubsidized loan starts accruing interest the day the loan is made - not after he graduates. A subsidized loan will not accrue interest until the 4 years is done.)

The way we put it to him is that the carrot is that we cover his loan for good grades. The stick is that school is his JOB and it is his job to make the grades if he wants to leave undergraduate school with no debt. It's up to him, really.

I will also tell you that the private loans that you can get out there do NOT allow for a catastrophic event like the death of your child to get out of paying the debt. The government loans do. I would NOT take out a private loan because of that. The financial aid people at the schools will explain that to you if you ask.

Lastly, if I were you, I'd be looking at schools outside of your area who don't routinely use the CSS. You have several ladies here telling you that they didn't have this issue where their kids went to school. It's so much better to just change where your kids are looking than deal with issues that you're talking about.
Good luck~

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S.S.

answers from Chicago on

You don't have to report non custodial parents income. Don't mess with a css whatever that is the fafsa is the one that you really need to do. But the one thing I wanted to say is this. Don't take on student loans for your kids. There are a lot of scholarships out there but there are also low cost loans your kids can get for school. If they are paying for school they will work harder for it and appreciate it more. There is no reason for you to take and or co sign on loans. Don't' do it. We have had 3 kids go through college (for 2 years we had 3 in college at the same time) one in a state school (Northern Illinois University) one at private college (Carthage in WI) and one at Waubonsee Community College. It was hard and we helped with what we could but at 50 we were not taking on hundreds of thousands of dollars in loans. The financial person at the college all told us the same thing don't do it.

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R.M.

answers from San Francisco on

I have received helpful information from the people at FAFSA over the years. You might try calling them and asking.

https://studentaid.ed.gov/contact#call

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K.N.

answers from Boston on

I have 2 kids in college now. One is in a private college and the other in a state university -- but not OUR state. We've only ever completed the FAFSA. I had to look up what a CSS is.

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K.F.

answers from New York on

I'm the custodial parent and only my information was requested and required. This is my son's second year at New Jersey Institute of Technology. His first year he got only a 50% scholarship but no financial aid. This year he will be getting some aid but we had to pay for the semester up front.

His father contributes nothing directly but I apply his child support towards his tuition and other expenses.

I wouldn't advise terminating rights. Financiing college isn't that complicated. Since your kids are just only sophomores in highschool, things have a tendancy to change. Relax, save and move forward. Look for non income based scholarships along the way every little bit counts.

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M.F.

answers from Chicago on

I'm with Marda P. on this one, and I would be wary of taking advice from anybody who is unfamiliar with the CSS. As you have noted, it is VERY different from FAFSA. CSS requires a lot more specific information, including non-custodial parent info, as well as detailed financial info about any property and/or businesses owned by either family. It is a pain to fill out, but what can you do? Some schools require it.

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