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  1. #1

    Default Qualifying for In-State College Tuition if Parents Live in Different States

    My question involves a child custody case from the State of: New York. My ex and I have 50-50 shared custody our 2 sons. In the agreement, we each claim one as our dependent for tax purposes. The older, who is my "dependent" used my address for in-state college tuition. I also deduct tuition on my taxes. We both currently live in New York.

    My younger son is getting ready to apply to college for next fall. His mother is planning to move to Florida. Will he be considered a Florida resident for in-state tuition since he his her dependent for tax purposes? Or, can he use my New York address despite being her dependent for tax purposes?

    We share residential custody 50-50, but have not made plans for when he goes away to college and she moves to Florida.

    I am not asking how to change custody for college. He wants to go to a Florida school, but his mother might want him to go to SUNY using my address to claim in-state for tuition.

    Thanks.

  2. #2
    Join Date
    Feb 2011
    Location
    Virginia
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    604

    Default Re: Whose Residence for In-State College Tuition if Parents Live in Different States

    This is my anecdotal, non-expert experience with this:

    I would imagine that mom would have to establish residency in Florida before she could claim she has a dependent who is also a resident. The time requirements for that I do not know.

    However, if your child is a legal adult, that may or may not matter. I have a relative who moved to Florida where my brother is living, and she had to live in Florida for a solid 12 months, and prove it, before she qualified for in state tuition.

    I think your best course of action is to actually contact the school in Florida and ask them what it takes to qualify for in state tuition.

  3. #3
    Join Date
    Sep 2013
    Posts
    6

    Default Re: Whose Residence for In-State College Tuition if Parents Live in Different States

    Quote Quoting mykidsdad
    View Post
    My question involves a child custody case from the State of: New York. My ex and I have 50-50 shared custody our 2 sons. In the agreement, we each claim one as our dependent for tax purposes. The older, who is my "dependent" used my address for in-state college tuition. I also deduct tuition on my taxes. We both currently live in New York.

    My younger son is getting ready to apply to college for next fall. His mother is planning to move to Florida. Will he be considered a Florida resident for in-state tuition since he his her dependent for tax purposes? Or, can he use my New York address despite being her dependent for tax purposes?

    We share residential custody 50-50, but have not made plans for when he goes away to college and she moves to Florida.

    I am not asking how to change custody for college. He wants to go to a Florida school, but his mother might want him to go to SUNY using my address to claim in-state for tuition.

    Thanks.
    Check with the colleges--or Google it. It depends on how much time Florida requires to establish residency. My daughter qualified for in-state in both Oregon and Iowa.

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