<p>I’m posting a friend’s situation because I’m curious as to whether anyone here might have some insight.</p>
<p>The friend is starting to look at her child’s college finances. Friend’s child was conceived with donor sperm when the friend was in a committed relationship with a same sex partner with whom she has since split. Although state law required nothing of the non-bio parent and gave her no rights the couple worked out an agreement whereby the ex paid child support and was granted visitation.</p>
<p>Friend suspects her ex will expect her obligations to be over when the child turns 18. Since this is a voluntary agreement I would imagine she would not be on the hook legally for college expenses according to her state law, but how will college FA offices view the arrangement? If she has been contributing so far to the child’s expenses and her child support contribution shows up on friend’s tax returns will they take her income into account when computing EFC?</p>
<p>Has anyone out there been through the process of applying for FA with a non-custodial non-bio parent?</p>
<p>Needs to see an attorney, though just get rid of the “same sex” terminology, and you have a situation where someone gave money voluntarily after the end of a relationship for a child who is not legally his/hers. Unless the child was legally adopted by that person, I don’t think there is any relationship. Doubt FA offices will, either. They see many cases, as there are many cases, where a person has child with one person, relationship ends, has SO who does NOT adopt the child but supports the child while and maybe even after relationship is over. That second SO is not financially responsible for the child, but if s/he paid money to the parent/child in 2012 or any year the aid application is targetting, those payments need to be reported and are part of the income.</p>
<p>I have no idea how a sperm donor parent is treated, whether a NCP waiver is needed for each school.</p>
<p>You need to call each financial aid office. For FAFSA purposes, the child would just file with custodial parent. If the school requires non-custodial parent info, assuming no marriage nor adoption, I suspect that the student and parent will be asked to complete a ncp waiver and attach a letter of explanation-- but you would have to check with each school. (In a way, a former stepparent is a non-custodial, non-bio parent. If the custodial parent and former stepparent divorce, the former stepparent is completely left off of all financial aid even if he/she raised the child for the child’s entire life.)</p>
<p>The mother and her SO were not married, so that would not be an issue. If a legal marriage occurred that question would arise. I don’t think a former stepparent is liable anyways even under PROFILE, but there are no “steps” in this situation. </p>
<p>The sperm donor dad could be the issue, and the question is whether that can be explained without the pain in the neck of a NCP having to be filed for each PROFILE school involved. If it were an official sperm bank, I think the chances are higher. If it was an unofficial arrangement, ummm, I don’t know. I do have a friend who had a child with a male friend without any intention of any further relationship. She just wanted the child. Had she just gone on her way without ever seeing the person thereafter, it might have flown, but the father did get to know her son and was somewhat, though only peripherally involved with him, and did not provide any support. But the PROFILE schools did want his financials after a series of questions were asked.</p>
<p>You may not need to complete a NCP. Get a letter from the sperm bank explaining that the child was conceived using an anonymous donor and send it to all colleges requiring PROFILE. Sperm banks are accustomed to writing this type of letter, especially around college application time. If a known donor was used (not going through a sperm bank) and the child has a relationship with him, he will most likely have to provide financial info. If a known donor was used who doesn’t have a relationship with the child, a letter from a priest/school counselor/doctor/lawyer who knows your situation can be used.</p>
<p>Your friend is a single parent - end of story. The bio-dad has had no relationship with the child, and any third party documentation of that fact would be sufficient; doesn’t need to be from the sperm bank.</p>
<p>The fact that there was a girlfriend in the picture is irrelevant. There was no marriage and no adoption and that person had NO legal responsibility for the child, even when they lived together. I wouldn’t even mention it.</p>
<p>Although it does not appear to be the case here, I recently looked at a college’s website regarding their NCP requirements and noted that a NCP form was due from either the NCP or a domestic partner. For those in that kind of relationship, this may be an important issue. There will be some who will say “Be careful what you wish for.”</p>
<p>If these 2 women were never officially domestic partners, there is no issue. Domestic Partnership is legal contract, which for these purposes would be considered the same as a marriage. </p>
<p>Further, the college has no reason to know about the “child support” because it will not appear on the mother’s tax return. Child support has nothing to do with taxes - only Alimony end up on the tax return, as taxable income for the recipient, and a deduction for the payer.</p>
<p>The only way this other woman would have any legal obligation would be if there were an adoption by both women.</p>
<p>I tend to agree that the ex-friend has no legal obligation. Any support would fall under funds given in support of the child during the finaid reporting year and if this were a sperm bank situation I would take the advice of MLM and head the non-custodial issue off at the pass and send documentation to all profile colleges who require a non-custodial parent waiver - parent unknown, artifical insemination at a sperm bank.</p>
<p>I really think dodgersmom said it very clearly. I do think the friend needs to contact the schools to request their ncp waiver form (they are sometimes online) and send in a letter of explanation with whatever support documents he/ she can gather. If the SO adopted the child, the situation would be different. (I am not convinced that the SO would necessarily have to supply info even if she was married or in a domestic partnership if that relationship is now over because, in that case, it’s just like a stepparent since there was no adoption.)</p>
<p>By the way, there is often a deadline for the ncp waiver form. Your friend would want to send in all the info by the regular financial aid deadline so it doesn’t hold up the process.</p>
<p>FYI, If CS is being claimed as unearned income on the EIC schedule, the colleges will see it. But if there was no formal agreement there’s a question as to why she would have claimed it as hold support. Could have just been a “gift” and claimed that way? Might actually turn out more beneficial for the ex-SO that way. Others have eluded to the former step-parental obligation and this is the same since the child was never adopted by the ex-SO, IMHO.</p>
<p>This “agreement” may control the situation. If the ex can demand visitation (once the child reaches 18), then the partner can probably demand child support. The child support would have to be revealed, but the ex in still not a NCP.</p>
<p>Whose agreement? Legal or informal?<br>
If a mom used a sperm bank but had a boyfriend, who later left, but identified with the child enough to continue support and visitation, that does not make him a non-custodial parent. </p>