Legal Question in Family Law in New York
Changing Legal Guardian
I am 17 years old and I have been living with my 26 year old sister for the past year. Both of my parents are alive, but they are separated. Before I lived with my sister I was living with my mother. My sister finacially supports me and now its time for me to go to college. My sister filled for me on her taxes and we used her information to fill out my FAFSA forms. Now I am being told that I need to submit my parent's 1040 because my sister is not my legal gaurdian. We never thought to change my gaurdanship since i wasnt that far from 18. Now it poses a problem and I want to know how to go about making my sister my legal gaurdian, if its possible at all.
2 Answers from Attorneys
Re: Changing Legal Guardian
under the circumstances it appears that grounds de exist for a change in guardianship are your parents willing to consent? you can call me for free consultation at 212 683 8677
Re: Changing Legal Guardian
The age of majority in NY & for FSAS purposes, is 21 yrs old, not 18. Thus, Your parents are obligated to support you until you are 21, unless you are emancipated.
FSAS wants to know what resources and assets that may be available for contribution to your college education from your parents.
If neither of your parents are able to contribute to your support; nor will agree to cooperate in any way, in assisting you, YOU, will have to prove it.
One way is to Petition the Family Court for Child Support, from both of your parents. After the proceeding, the Court Determination, Findings or Judgment of support availability, should be sufficient for FSAS purposes.
You may seek expedited process via an Order to Show Cause, given your present circumstance, ie., NEED FOR IMMEDIATE SUPPORT, re educational costs and expenses.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
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