Any ideas on maintaining residency?

<p>Venting! My husband has been offered a promotion and transfer to another state. We have lived in our current state for 8 years. We would not move until March of 2013. Our daughter is a senior in HS and was planning on going to an in-state college.</p>

<p>We live in FL where tuition is one of the cheapest in the nation. In addition, she gets our state scholarship which cuts the already cheap tuition in half. It is really hard to beat.</p>

<p>If we move, she will not have residency up north and the first year will end up costing us $50,000 more than where we live now. In addition, each year after will end up costing $11,000 more than where we are now. She will need three years for her BA since she will come in with her AA. So three years up north will cost $72,000 more than down here in just tuition.</p>

<p>If she stays here, she loses residency and the cost skyrockets. I don't think any school in FL is worth OOS tuition, honestly. </p>

<p>Even if we didn't claim her on our taxes, she still wouldn't be able to establish residency on her own because we are paying her tuition out of our pocket (529). She has to be on her own financially in order to establish residency from what I have read. </p>

<p>She planned on going right from UG to grad school in our current state and again, wouldn't be able to do that with in-state tuition if we aren't living here. Her graduate degree is only offered in a few places so it isn't readily available in every state including the one we would move to. If we move and she comes, not only do we have the $72,000 difference but now we have OOS grad school costs. </p>

<p>So it looks like my husband is going to have to turn down a promotion and a chance to leave a state we don't really love. Ugh! </p>

<p>Am I missing something or are we screwed?</p>

<p>Yes, you are missing something. As I remember from helping a kid a few weeks ago, Florida has a somewhat unique and ungenerous residency rule for students whose families leave the state, but it’s not so unique and ungenerous that it puts you completely in the bind you describe.</p>

<p>From memory, I believe that if she graduates from a Florida high school and has been a Florida resident for five continuous years before matriculating, she will maintain her Florida residency for tuition purposes as long as she goes straight through. And in all events she should have a year of Florida residency, which would let you establish residency in your new state and allow her to transfer to a public university there.</p>

<p>The timing is a little bad, since you would plan to leave the state well before she finishes high school. It may be that what you need to do is have you (the mom) stay behind with your kid(s) (thus continuing Florida residency) until the end of the school year . . . something you are probably considering anyway, especially if you have other kids.</p>

<p>I will try to find the actual policy.</p>

<p>Here is the statute [1009.21</a> - Determination of resident status for tuition purposes. - 2010 Florida Statutes - The Florida Senate](<a href=“2010 Florida Statutes - The Florida Senate”>Chapter 1009 Section 21 - 2010 Florida Statutes - The Florida Senate) and the state university system’s regulations, which don’t add much, <a href=“http://www.flbog.edu/documents_regulations/regulations/2011_03_24_7_005_Residency_Regulation_FINAL.pdf[/url]”>A Letter to the State University System Community - State University System of Florida. It’s only a little different than I remembered.</p>

<p>It looks like you effectively have three choices:</p>

<ol>
<li><p>You play strictly by the rules. You (the mom) stay in Florida until she can register for the summer. Or maybe explore early admission this spring? You show that she is a Florida resident at that time. You then leave Florida, and she has 12 months (plus the remainder of any semester the end of the 12-month period falls in) before she loses her resident status for tuition purposes. Meanwhile, your husband will have already established residency in the new state, so that she can easily transfer for fall 2014 as a new-state resident. This is the worst case, and can be combined with #2 as long as you are willing to maintain Florida residency until she registers. In other words, if you maintain Florida residency until she registers for the first time, the worst that can happen is she has a year grace period, and there’s a good chance she will be treated as a resident until she graduates.</p></li>
<li><p>You play honestly by the rules. She establishes residency legitimately at the time of application. You leave; she stays in Florida to finish high school. She informs the university that her parents have moved, but that she has not, and reminds them that the statute says that parents’ residency does not determine a dependent child’s residency if the child has resided in Florida for five years prior to enrollment. She keeps her Florida driver’s license and voter registration, and has a place to live in Florida (with friends or relatives). She probably has to have a hearing, and she almost certainly wins. (But if she loses, you will really be out of luck, because you won’t have #1 available anymore.)</p></li>
<li><p>You play fast-and-loose, and hope you’re OK. Your daughter graduates from high school in Florida, and her transcript shows she has been there at least two years. She has to present one other piece of evidence of a parent’s Florida residency at some point well in advance of registration (maybe just in the application) in order to satisfy the paperwork proof-of-residency requirement at registration – an uncancelled Florida driver’s license or voter registration is enough. As long as she goes straight through, your daughter never has to establish Florida residency again unless someone at the university raises the question. Get a Florida mailing address for correspondence with the university.</p></li>
</ol>

<p>I’m not sure what field you’re looking at for graduate school, but many graduate students don’t pay out of state tuition.</p>

<p>That was so nice of you to step up and look up all the facts JHS.</p>

<p>If your daughter is going to go to a community college to start with an AA, doesn’t she need a place to live? Can’t it be an apartment with your name on the lease for the next 2 years which will give you more time to regroup?</p>

<p>I realize, looking at these other posts, that I hadn’t focused on the daughter’s plan to start at community college, then get a BA, then some sort of unique graduate degree. She would have to establish residency afresh every time she changed schools. For that reason, if she does anything other than #1 (transferring to a college in the parents’ new home state after one year in Florida), she is going to have to undergo uncertainty at each change. That’s why it may make sense to go to a four-year institution right away.</p>

<p>I also think once she stays in Florida for college, which will mean 12 straight years in Florida, there is no chance she would be denied residency status for graduate school.</p>

<p>Thanks for the info. Unfortunately, the universities aren’t making it easy. I have spoken to them personally.</p>

<p>More details:
My daughter and I would definitely stay in FL until she graduated. My husband would leave in March.</p>

<p>My D will have her AA from the community college BEFORE graduating high school so she will be a freshman and go to a university.</p>

<p>According to all the FL state universities I have spoken to, she will only be allowed one year of tuition as an in-state student since she will have been accepted as an ISS. She will graduate HS in May and start at the university in August. She can continue on in that FL school for that year only. Every university I have talked to down here claims they will need proof of residency FROM THE PARENTS the following year. I’m not telling you they are right but they have all told me the exact same thing. An apartment in her name won’t matter. She would need to prove that she is independent including how she is paying for college. Since her college money is coming from us and we don’t live here, they won’t consider her a resident. </p>

<p>First I started emailing colleges and then I called because I thought maybe there was a miscommunication. Unfortunately, they all seem to agree that once we move, she can finish up the current year and that is it as an ISS.</p>

<p>Is there anyway you can retain residency yourself by renting an apartment that your daughter iives in? You would be coming back and forth anyway to visit which would show it is your residence? I would check with a lawyer.</p>

<p>On the flip side–are you positive that your DD would have to pay out of state costs “up north” where ever that is? We were going to be in a similar situation (but very long story are no longer) and one school we talked to said that since the family was moving, not just the student, the kids would be considered in state. At another school, where we wanted to maintain our current state residency for, they said that whatever the student started the school as (in-state, reciprocity, out of state) they maintained that all years in college unless they went to school in another state over the summer, no matter where the parents lived. Another school said that they look at it on a case by case basis—sooooooo…get information from the school “up north” too. Also, have you looked into private schools as an option. They generally do not have out of state differential costs and with merit aid, assuming your DD has a good GPA and test scores, might come in very close to costs for an in-state anywhere. </p>

<p>Just picking a FL school out of the hat-U of FL, Gainsville. Looks like in-state costs, including room/board, etc. is around $20,000. That is $10,000 MORE than any of the private schools our kids are looking at after the automatic merit aid they will be getting. Just something to consider.</p>

<p>Unfortunately, it was probably a mistake to ask the question. The law specifically says that the university does not have to ask for further proof of residency after initial enrollment unless facts come to its attention to call residency into question. But now you have taken care of that.</p>

<p>Nevertheless, the statute clearly gives your daughter the right to a determination whether she is a resident even if she is your dependent, and frankly as long as she doesn’t move it’s hard to figure out on what basis she could be denied residency. The low-level administrative people don’t have the power to make that determination, and they are going to be focused on what’s clear and automatic in the statute. </p>

<p>There are really two different rules in the law: First, every kid who was a resident at the time of first enrollment, no matter how short or how long their residency was then, is entitled to the one-year grace period if he loses residency because his parents move. But wholly apart from that, kids who lived in the state for five continuous years before first enrollment are entitled to have their residency determined without a presumption that they have the same residency as their parents, even if their parents are supporting them. If you don’t have that presumption, and the kid has lived continuously in the state (with driver’s license, voter registration, working part-time and taxpaying, etc.), there really isn’t much basis to determine that the kid has residency elsewhere unless she has really moved with her parents. And if you get that determination now, it should settle things for both undergraduate and graduate school if she stays in state.</p>

<p>The statute also requires each institution to have a three-person residency appeal committee. I recommend that if you really care about having more than the one-year grace period you hire a lawyer and figure out how to get a hearing, and be prepared to file suit if they turn you down. This is something you should win, but it may take some work.</p>

<p>Lake mom…I believe the mom would need to reside in that Florida rented apartment to gain residency for the daughter.</p>

<p>To the OP…you say your daughter will have an AA when she graduates from high school. How many more years of college will she need to get her bachelors degree? If its only two years, it might be worth it to pay those in state rates for one year, and the OOS for the second. Then have your daughter stay in Florida for a year following undergrad school getting a job, etc. apply to grad school in Florida the following year.</p>

<p>Thanks again, everyone.</p>

<p>To answer a few of the questions:
My daughter will still need three years even though she will have her AA. She is getting a couple majors/minors so she’ll need that extra year.</p>

<p>The schools don’t know who I am or who my daughter is. I asked these questions before she applied and I actually talked to two state schools that she isn’t interested in.<br>
I’m not looking to screw them. I get why they have these rules in place. I just think nine years in the state should allow her to be an ISS especially since she will be a legal adult.</p>

<p>We thought about maintaining an apartment here but even a cheap one at $800 a month would end up costing almost $30,000 for the 3 years plus we lose claiming our homestead tax on our house up north and a few other tax breaks. </p>

<p>I also called the schools up north and explained the situation to see if they make exceptions for in-state tuition when it is a legitimate job transfer. They don’t. </p>

<p>She is applying to private schools in both states and we will see what she gets. One school already offered her $20,000 a year. That sounds good but considering they are $50,000 a year, I was hoping for a better deal.</p>

<p>I don’t know what state you are moving to, but homestead tax status “up north” is rarely as valuable as it has been in Florida. Also – if your daughter LIVES in the apartment, it’s not an extra $30,000.</p>

<p>I know of people who have done various things to declare and maintain residency in Florida for tax purposes and they weren’t even residents to start off with. </p>

<p>It might cost you $30K but as JHS said, your daughter and perhaps roommates would be living there so in the end it won’t be that much. </p>

<p>A lawyer would be the best one to advise you on how best to do it.</p>

<p>I disagree that one shouldn’t ask official questions. Absolutely you want to ask - and you want to be very plain about who you are. </p>

<p>Even if you get answers you don’t like, you and D don’t spend years looking over your shoulders, worrying that someone is going to “find out” and then deliver bad news. </p>

<p>Residency is VERY easy to check. It was even before the internet and Facebook. Colleges know that some students will try to game the residency rules, so you can be sure that they have flags in place. When something trips a flag, the college billing office will follow up. It may take a long while (even several semesters) but when the student is found in violation of residency rules, the student may a) be retroactively billed for past semesters at an OOS rate (no diploma until this is donw) or b) the student may be booted from the college on an honors violation. </p>

<p>Both of those paths are far more horrible than where you are now. </p>

<p>I strongly suggest that you all go for a walk (great stress reliever) and spend ten or fifteen minutes counting your blessings. Seriously. You have a healthy, smart teen who is college bound. She already has made huge strides towards her college degree. She’s finishing high school (sounds like she’s on schedule and without dependents). Husband is doing well in his career and is being given chances to move up. All this is to the good. </p>

<p>Once we’re aware of these many blessings, then it’s time to noodle. What dreams do you, hubby and D have? To see Paris? Africa? Have a business? Own a summer cabin? Want to spend a summer drag racing? Scuba diving? Researching the family tree? LIfe is about more than college and college tuition. Sketch out a bigger arc. What dreams are down the road ten years? Twenty years? When you do this, some other things come into perspective. D may realize she doesn’t want to stay in FL, no matter what the cost. Or she may think this is the place, for sure. You can start making plans from there.</p>

<p>I’d not only be in phone conversations with the campus billing office, I’d very, very carefully read the residency rules myself. I’d ask a thousand “What ifs” to completely understand the options. </p>

<p>And if she’s applying to private schools then residency shouldn’t matter! Good luck.</p>

<p>JHS - She has to live on campus for the first year. Yes, after that the apartment could become hers, I suppose. I’m not quite sure how the school wouldn’t think it was odd that mom and dad happen to have their permanent residency in a college apartment complex one block from the campus. That seems like a big red flag to me.</p>

<p>Olymom - I’m not sure where any of that came from? Count our blessings?? Did I say this was the end of the world? Did I say we weren’t lucky or blessed? My husband has been given an opportunity to advance his career. We don’t jump into any situation without looking at it from all angles. In this case, college is foremost at this point in our lives. A year ago, not so much. </p>

<p>And yes, I realize residency doesn’t matter IF she goes to a private school. That is a BIG IF. Just because she applied does not mean we can afford it. If finances aren’t an issue for you regarding college, great. They are for us.</p>

<p>Wow. What a fierce reaction! You post here because you want some help (or so I thought) and I truly thought I was telling you what could be an enormously helpful step. </p>

<p>My family is ahead of you in the timeline. We have one finished with college (private, another state) and one currently in college (public, instate). We’ve had lots of challenges and the walk and the review of blessings can be enormously helpful, in my experience.</p>

<p>You sound like you’re headed for a flameout. Seriously. The high school senior year is very stressful for parents and students. Sometimes the whole world can seem to revolve on a GPA or SAT score . . . or a residency question. </p>

<p>I do extend warm thoughts to your D. I hope part of your conversations this year will be about the desire for multiple majors and minors. It is very easy for parent/student to have a huge appetite for these things. What can unfold is that the many required courses for the double/triple major/minor means there is no time for the course that is odd but interesting – or no time for other, meaningful activities. </p>

<p>Every student that I’ve known who was a multiple major student has had a year or more of being smug, desperate and increasingly shrill. I’m sure there are exceptions – I just haven’t met one. We’ve never met, and you may have a student who can do all these things with grace. I hope so. I also hope you’ll talk to others who are twenty years out from their double or triple major to gain their insights. </p>

<p>Finances are a constant concern for us. I am a paraplegic and have additional (and, alas, costly) expenses. I can tell you that private colleges are worth a look. Our oldest attended Dartmouth and they were extraordinary in the lengths they went to work with us (it still was hard for us – but they sure were super!). Each student, each college, and each year vary, so your student won’t know the true cost of attendance until next April when she receives her letters of acceptance and awards packet.</p>

<p>Please be gentle with yourself and with others when you post here. We don’t have “tone of voice” in our posts, so perhaps you read my posting with a different tone than I intended. I truly meant to share a technique that has been helpful to us. (The Bible has a great verse: “I cried because I had no shoes until I saw a man who had no feet.”). </p>

<p>I wish you all the best.</p>

<p>If you do it right, you might be able to claim residency for 2013. That would defer the problem for one more year (fall of 2015). Just be careful what address you use to file your taxes in 2014 for 2013. You might want to look into mail box services to use as a FL address for tax filing purposes. Much cheaper than renting an apartment.</p>

<p>Look at the residency questions from the college. See how you can structure your life so you can answer those questions in the correct way. BTW: When they ask about where you are registered to vote: Don’t change your voter registration. Then you are still “registered” in FL. The next election that matters is not until 2014 anyway.</p>

<p>Also, Mom and Dad do not have to live in the same state. You can have FL residency, while your Husband has residency in the new state. Taxes is where residency becomes an issue, and he should be a resident where he works/lives. Oh, you didn’t say if you work. If you work, then maintaining FL residency is more difficult.</p>

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<p>This is only true in the case that she is not living with her parents. If you maintain an apartment nearby as your residence she will be permitted to live off campus.</p>