Eiligibility for in-state tuition

[p321quartz]

<p>thumper1 my kid was rejected by UNC. I just dont get it. I spoke with the college, The director told me what I needed to do. I did everything. Now they are denied residency.
I will appeal. Any suggestions?
Thanks</p>

[Nrdsb4]

<p>When you say “rejected,” to you mean to the University, or simply that he is considered OOS for tuition purposes?</p>

[NJres]

<p>rejected as in not admitted to the school? Or was he admitted as an out of state student and denied in-state tuition? lol, yeah, what Nrdsb4 said.</p>

[kayf]

<p>When I got divorced, we agreed to joint legal custody. As a practical matter, I was primary residential parent, and this didn’t mean squat, but in some states it matters.</p>

[Erin_s_Dad]

<p>There are some interesting twists in the NC law for residency that may have impacted the decision, like this one:

Minors. A minor is any person who has not reached the age of 18 years. Under the common law, a minor child whose parents are not divorced or legally separated is presumed to have the domicile of his or her father. This presumption may be rebutted if a preponderance of the evidence indicates that the mother and father have separate domiciles and that, under the circumstances, the child can fairly be said to derive his or her domicile from the mother. If the father is deceased, the domicile of the minor is that of the surviving mother. If the parents are divorced or legally separated, the domicile of the minor is that of the parent having custody by virtue of a court order; or, if no custody has been granted by virtue of court order, the domicile of the minor is that of the parent with whom he or she lives; or, if the minor lives with neither parent, in the absence of a custody award, the domicile of the minor is presumed to remain that of the father. If the minor lives for part of the year with each parent, in the absence of a custody award, the minor’s domicile is presumed to remain that of the father.

</p>

[cptofthehouse]

<p>It all depends upon the school. And even within the school, for different purposes, state residency has different requirements. Then on top of that, there is how actively a school will pursue and enforce its rules. One has to ask admissions directly and follow the admissions officers instruction in terms of how the application is coded, in state or out. Then for payment purposes, the bursars office often makes that determination and enforcement.</p>

[Erin_s_Dad]

<p>^ True Cpt. That’s why I quoted from the UNC web site (shown in post #16).</p>

[dadx]

<p>Here is a link that could shed some light</p>

<p><a href=“http://www.northcarolina.edu/legal/residence/committee/manual/Residence_Manual_Aug_2010.pdf[/url]”>http://www.northcarolina.edu/legal/residence/committee/manual/Residence_Manual_Aug_2010.pdf&lt;/a&gt;&lt;/p&gt;

<p>Usually the issues are associated with the idea of “domicile”, which is not necessarily the same as where you are “residing”. </p>

<p>a relevant section from this book.</p>

<p>

Generally speaking, state law mandates that only those who can demonstrate 12 months of uninterrupted domicile in North Carolina are eligible for in-state tuition. 21 This law applies regardless of the age of the student seeking residence classification. Because a significant number of the students who seek residence classifica- tions are minors, the domicile inquiry for these students starts with the domicile of the student’s parents or legal guardian.
With few exceptions, students who are minors under state law (under age 18) are presumed to have the domicile of their parents or legal guardians. Students who are age 18 or older have the legal capacity, whether they choose to exercise it or not, to establish their own domicile. These students must, however, take affirmative steps to establish their own domicile in order for a domicile other than that of their parents to be recognized. 22
Under North Carolina law, the domicile of the student’s living parent(s) or legal guardian is prima facie evi- dence of the student’s domicile.23 The student’s domicile is therefore presumed to be that of his or her living par- ent(s) or legal guardian. In these cases, the student has the opportunity to either rebut (argue against) or rein- force (argue for) this legal presumption by the information he or she supplies to the college or university.

</p>

<p>It seems to me that the question will revolve around whether you as parent are judged to have a NC domicile now. If not, your kid is likely not eligible. But if you are judged to be NC domiciled, then it seems like it would be tough to declare your child as ineligible. Maybe an attorney experience with this would be useful, but one not experienced with this would likely cost you more than you’d save.</p>