Parents have Primary Responsibility
The federal government and the schools consider it primarily the family's responsibility to pay for school. They provide financial assistance only when the family is unable to pay. If a family just doesn't want to pay, that won't make a difference. Parents have a greater responsibility toward their children than the government or the schools.
The US Department of Education has published guidance to financial aid administrators indicating that neither parent refusal to contribute to the student's education nor parent unwillingness to provide information on the student aid application or for verification is sufficient grounds for a dependency status override. This is true even if the parents do not claim the student as a dependent for income tax purposes or the student demonstrates total self-sufficiency. (See Dear Colleague Letter GEN-03-07 and page AVG-28 of the Application Verification Guide.)
In cases of divorce, the custodial parent is responsible for completing the FAFSA form. If the custodial parent remarries, the finances of the custodial parent's spouse (the stepparent) must be included. This is clearly stated in Section 475(f)3 of the Higher Education Act of 1965 (Public Law 89-329), the piece of Federal legislation that authorizes most Federal student aid programs.
All public and private colleges follow the law not only for the awarding of federal and state student aid, but also for the awarding of the school's own aid. In fact, many colleges go further and consider not only the custodial parent and stepparent's income and assets, but also the income and assets of the non-custodial parent.
Prenuptial agreements are ignored in student aid need analysis. A prenuptial agreement is an agreement between the husband and wife, and as such cannot be binding on a third party, such as the government or the college.
In addition, a prenuptial agreement cannot waive the obligation to help pay for the children's education, as even a natural parent cannot waive the children's rights. If the prenuptial agreement included a clause waiving the obligation to help pay for the children's education, most courts would declare that clause null and void.
Unfortunately, a 1998 study showed that children of divorced parents are less likely to matriculate in college and receive less financial support than children of intact marriages. The study (Judith S. Wallerstein and Julia M. Lewis, "The Unexpected Legacy of Divorce: A 25 Year Landmark Study", Hyperion Press, 2001) found that 29 percent of children with divorced parents get parental support for college expenses, compared with 88 percent of children from intact families.
The federal government and the schools consider it primarily the family's responsibility to pay for school. They provide financial assistance only when the family is unable to pay. If a family just doesn't want to pay, that won't make a difference. Parents have a greater responsibility toward their children than the government or the schools.
The US Department of Education has published guidance to financial aid administrators indicating that neither parent refusal to contribute to the student's education nor parent unwillingness to provide information on the student aid application or for verification is sufficient grounds for a dependency status override. This is true even if the parents do not claim the student as a dependent for income tax purposes or the student demonstrates total self-sufficiency. (See Dear Colleague Letter GEN-03-07 and page AVG-28 of the Application Verification Guide.)
In cases of divorce, the custodial parent is responsible for completing the FAFSA form. If the custodial parent remarries, the finances of the custodial parent's spouse (the stepparent) must be included. This is clearly stated in Section 475(f)3 of the Higher Education Act of 1965 (Public Law 89-329), the piece of Federal legislation that authorizes most Federal student aid programs.
All public and private colleges follow the law not only for the awarding of federal and state student aid, but also for the awarding of the school's own aid. In fact, many colleges go further and consider not only the custodial parent and stepparent's income and assets, but also the income and assets of the non-custodial parent.
Prenuptial agreements are ignored in student aid need analysis. A prenuptial agreement is an agreement between the husband and wife, and as such cannot be binding on a third party, such as the government or the college.
In addition, a prenuptial agreement cannot waive the obligation to help pay for the children's education, as even a natural parent cannot waive the children's rights. If the prenuptial agreement included a clause waiving the obligation to help pay for the children's education, most courts would declare that clause null and void.
Unfortunately, a 1998 study showed that children of divorced parents are less likely to matriculate in college and receive less financial support than children of intact marriages. The study (Judith S. Wallerstein and Julia M. Lewis, "The Unexpected Legacy of Divorce: A 25 Year Landmark Study", Hyperion Press, 2001) found that 29 percent of children with divorced parents get parental support for college expenses, compared with 88 percent of children from intact families.
