First of all, it’s important to remember that FAFSA and Profile, like so many other applications for various benefits, are one-size-fits-all forms, and the process cannot be made “fair” for every single applicant. To your hypothetical, the 49% non-custodial parent will be reporting nothing on FAFSA, even if this parent has huge wealth. The 529 money held by the non-custodial parent isn’t counted as a parent asset, regardless of the size of the account, and a knowledgeable family with other resources can wait until the student’s spring sophomore semester to begin using the 529 money, in which case it will never show up on a FAFSA (assuming the student/beneficiary graduates in four years).