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Q: If I can become “emancipated,” do my parents still have to fill out my FAFSA forms or cosign loans?
A: “Emancipation” is defined under Maine law as “the release of a juvenile from the legal control of his parents” (see 15 M.R.S.A. 3003(6)). Being in college, you are probably at least 18 years old and for that reason not considered a “juvenile” under state law. (see 15 M.R.S.A. 3003(14)). Emancipation is probably not necessary in your case for any reason, because persons who have reached the age of majority enjoy all of the rights, and bear all of the duties, of an adult.
The law does not provide a right to a post-secondary education for adults. In the absence of such a right, your parents have no legal obligation to provide the financial information, much less financial assistance, to aid you in the pursuit of this course of secondary education. Requirements for the FAFSA are federal. If you are a Veteran, married, in a graduate degree program, are at least 24 years old, or have a dependent you may be exempt from providing parental financial information. Administrators may make an exception in unusual cases.
However, the federal financial aid system assumes that you will receive a certain amount of monetary support for your undergraduate schooling from your parents unless their income and assets are below a certain level, or if one or more exceptions apply in your case. Emancipation probably seemed the correct subject to ask about because it invokes the notion of a child’s financial independence from parents. However, the federal financial aid standards have little or nothing to do with the state law concept of emancipation. Let us address your underlying concern.
If your parents are refusing to assist you, you could look into completing the FAFSA on their behalf and without their active participation.
Cosigning a loan is a separate issue. Lenders will typically require that a borrower with little income or assets obtain a cosigner with greater resources to guarantee repayment. For most students, the parents are the cosigners. The law does not provide student borrowers with a way to force their parents to obligate themselves under a debt, even for educational purposes.
There are a number of contacts you should look into if you are interested in applying for federal financial aid without consideration of your parents’ resources. Try the following:
1. US Dept. of Education Customer Service Call Center, 1-800-433-7327
2. Federal Student Aid Programs, P.O. Box 84, Washington DC 20044 (written questions)
3. www.fafsa.ed.gov
4. www.studentaid.ed.gov (look up The Student Guide)
5. UMaine Financial Aid Office, 581-1324
It is not unusual for students to approach us with questions similar to this one. Whether parents should fill out the FAFSA forms, or cosign loans, is a personal decision made within the family. Many parents are committed to providing for their children’s’ education, but it is not unusual for some to decide that funding for school should be entirely the student’s duty. If you want financial aid, you must meet the lender’s or donor’s requirements.
Legal Services of Student Government are proved by attorney’s Theodore S. Curtis and David R. Miller. Legal Services office is located on he first floor of Memorial Union. They can be reached at 581-1789 or on FirstClass: Theodore Curtis. Copyright Theodore S. Curtis Jr.
Bangor Daily News