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URL:  http://boards.fool.com/from-my-reading-of-the-state-law-you-would-have-30426617.aspx

Subject:  Re: split residency Date:  12/11/2012  6:17 PM
Author:  inparadise Number:  7990 of 8174

From my reading of the state law, you would have to abandon your PA residence completely. That probably means you'll need to be removed from the title on the PA property.

Thanks for the info, PSU, but I can't see having to remove myself from property title. Owning property in a state other than which you reside does not make you a resident, or we would already be residents of PA, VA, and NC. I do see the need to move my personal stuff out of PA.

From your link: To become eligible for in-state tuition, a dependent student or unemancipated minor shall establish by clear and convincing evidence that for a period of at least one year prior to the date of the alleged entitlement, the person through whom he claims eligibility was domiciled in Virginia and had abandoned any previous domicile, if such existed. If the person through whom the dependent student or unemancipated minor established such domicile and eligibility for in-state tuition abandons his Virginia domicile, the dependent student or unemancipated minor shall be entitled to such in-state tuition for one year from the date of such abandonment.

In determining domiciliary intent, all of the following applicable factors shall be considered: continuous residence for at least one year prior to the date of alleged entitlement, except in the event of the establishment and maintenance of a place of residence in another jurisdiction for the purpose of maintaining a joint household with an active duty United States military spouse; state to which income taxes are filed or paid; driver's license; motor vehicle registration; voter registration; employment; property ownership; sources of financial support; military records; a written offer and acceptance of employment following graduation; and any other social or economic relationships with the Commonwealth and other jurisdictions.

...

The domicile of a dependent student shall be rebuttably presumed to be the domicile of the parent or legal guardian claiming him as an exemption on federal or state income tax returns currently and for the tax year prior to the date of the alleged entitlement or providing him substantial financial support.


So it looks as though talking with a tax pro will be required to see if we can fit the above.

Further:

D. It is incumbent on the student to apply for change in domiciliary status on becoming eligible for such change. Changes in domiciliary status shall only be granted prospectively from the date such application is received.


This is cool. I thought that you could not change residency status after you were accepted. Since it is our plan to move away from PA permanently after Youngest graduates, it looks as though we will have options then as well. Hmmm, maybe I should look into that for Eldest's situation!


The problem comes in with the definition of domicile. It states "individual" which can mean the dependent student too. You are probably playing a dangerous shell game if you claim his domicile is VA on VA college applications and his domicile is PA on PA college applications. That would be more than one domicile for the student.

I read through the link a couple of times and no where do I see a reference to anything other than "the person through whom he claims eligibility," though I confess I'm not prepping for a dissertation here and could have missed it. Youngest will still be a minor when college starts. Either way, yes I agree he can't apply as in state for both states, and his options apply in providing him more schools to choose from, but he will have to narrow the search down and focus it before applying. Truthfully, PA state schools are no bargain for residents. Other states give a much better break. Since we are not going to be up here when he is in school, I would much prefer his picking a school closer to us. Haven't seen Eldest since mid August, and am sure looking forward to his flying in on Saturday!

Thanks! Helps to talk this through.

IP
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