[this pertains to my gf]

Back Story:
My gf lives with her aunt and uncle in NC, and has been since 2005ish. Her mother died in 2001ish, soon after her dad gave up her and her brother, and has not supported them on any level since, other than various gifts every now and again.


Issue:
FAFSA has an option for some type of financial review if an applicant had been in an abusive situation during childhood (I dont know the details 100%); this being the case with my gf, she applied for it. She had a meeting today with the financial aid office, verdict: she was denied this option because her court papers had the word "guardianship" and not "custody".

Is it worth a visit to a lawyer to further investigate her issue and possible options? Does a "guardianship" relieve any child support responsibilities from her father? We were under the impression that since he had no ties/responsibilities that her custody was with the aunt and uncle (she and her brother are/were on supplemental social security and medicaid until age 18).

4/1/2009 1:22:03 PM

Will would the aid she receives be greater than the amount spent in attorney fees?

4/1/2009 1:31:47 PM

keep in mind also that there is a huge gap between what the deadbeat dad may be legally responsible for and what your g/f may actually ever receive

4/1/2009 1:33:53 PM

well here's the thing: I dont know if her dad is responsible for anything, which contradicts what fafsa says about her being in a "guardianship" with her aunt and uncle - that he can (and assumed) that he should contribute. His income has also increased over the past year, so she's fucked again with an increased expected family contribution.

Quote :

"Will would the aid she receives be greater than the amount spent in attorney fees?"

I doubt she would pursue anything unless there's a clear and quick resolution to the situation

Quote :

"keep in mind also that there is a huge gap between what the deadbeat dad may be legally responsible for and what your g/f may actually ever receive"

He has given her gifts of money in the hundreds of dollars before to be put toward college stuff, but nothing relative to what a normal EFC should be.

4/1/2009 1:50:45 PM

I'd think that the aunt and uncle would be entitled to that money (back child support that is, not EFC)... not saying that they couldn't/wouldn't give it to her though...

I dunno how enforceable EFC is though. I know my parents didn't give me 1/10 of what they were expected to.

Quote :

"A guardianship establishes a legal relationship between a child and an adult who isn't the child's parent, but it does not end the legal relationship between the child and the child's biological parents. For example, the biological parents are still legally required to provide financial support for the child."

http://family.findlaw.com/guardianship/guardianship-definition-faq.html

[Edited on April 1, 2009 at 1:56 PM. Reason : ]

4/1/2009 1:52:14 PM

thanks for the info

I'm beginning to think she is going to be more or less shit out of luck with this.

4/1/2009 2:01:30 PM