<p>no, but she does have paychecks from day 1. Yeah i mean like i said, I think the W-2/income tax form will help. that's just speculation from my part, but I think that's why they require the tax stuff.</p>
<p>can it be something other than a utility bill?</p>
<p>Have you asked them?</p>
<p>Still time to move to GA and enroll in HS.</p>
<p>The driver's license is not a significant factor. The fact that you have a parent who has established domicile and contributes to the Georgia tax base is. But since you have already begun an e-mail correspondence with a staff member at GT, you need to be asking these questions of him, not of us.</p>
<p>I've got a few links for you. You should be in good shape, if you read and follow these instructions - and do so quickly. You'll need to make sure your answers are <strong><em>unequivocal</em></strong> about what your Mom's intent was when she moved here 1.5 years ago, and amend her tax return to claim you as a dependent, if she and your Dad didn't file jointly (see the. <strong><em>or</em></strong> in the excerpt from their own manual). </p>
<p>I hate to shout in blogs, but I can't overemphasize this, so...
IN LEGAL CLAIMS OF RESIDENCY, EVERYTHING GOES TO INTENT, AND KNOWING THAT YOU AND SHE WANT TO CLEARLY STATE THAT YOUR MOM INTENDED TO DOMICILE IN GA AT LEAST 12 MONTHS PRIOR TO YOUR GRADUATING FROM HIGH SCHOOL - NOT WHEN CLASSES START AT TECH. BE UNEQUIVOCAL!!!! GRAB AT ANY SHRED OF EVIDENCE THAT SHE HAS INDICATING THAT SHE INTENDED TO MAKE GA HER DOMICILE AT LEAST 12 MONTHS PRIOR TO YOUR GRADUATING. More on that later. </p>
<p><a href="http://www.gsfc.org/main/publishing/pdf/2006/2006_residency_regs.pdf%5B/url%5D">http://www.gsfc.org/main/publishing/pdf/2006/2006_residency_regs.pdf</a>
(ignore the 2006 in the URL - it's their 2008-2009 policy doc...)
=============BEGIN EXCERPT =============
Domicile means a persons present, permanent home where that individual returns following periods of temporary absence. Domicile, once established, shall not be affected by mere transient or temporary physical presence in anotherstate. No individual may have more than one Domicile even though an individual may maintain more than one Residence. Temporary Residence does not constitute the establishment of ones Domicile. To acquire Domicile, an individual must demonstrate <strong><em>intent</em></strong> to remain permanently or indefinitely</p>
<p>...</p>
<p>505.2. Dependent Students.
a. A Dependent Student meets the Georgia Residency requirements, for
purposes of the State Programs, if his or her Parent has established and
maintained Domicile in the State of Georgia for at least 12 consecutive
months immediately preceding the first day of classes of the school term
(semester or quarter) for which the student is seeking assistance from a State
Program, and:
1. Such student graduated from an Eligible High School located in the State of
Georgia; <strong><em>or</em></strong>
2. Such Parent claimed the student as a dependent on the Parents most recent
federal income tax return.
[JIMS NOTE: YOU MUST BE A DEPENDENT ON HER RETURN IF YOU WILL GRADUATE OUT OF STATE - AND YOU MUST BE ON IT BEFORE YOU GRADUATE - AMEND IF NECESSARY]</p>
<p>b. A Dependent Student meets the Georgia Residency requirements, for
purposes of State Programs, if his or her United States court-appointed Legal
Guardian has established and maintained Domicile in the State of Georgia for
at least 12 consecutive months immediately preceding the first day of classes
of the school term (semester or quarter) for which the student is seeking
assistance from a State Program, provided that appointment was not made to
avoid payment of Out-of-State Tuition at a USG or TCSG institution and/or to
gain eligibility for a State Program.</p>
<ol>
<li>Appendix Determining Residency.
Determining a students residency status must be based upon the existence and
nature of surrounding objective circumstances, which indicate the persons **** intent ****
to maintain a permanent presence (Domicile) in the State of Georgia. *<strong><em>No one
factor can serve as full documentation of a persons Domicile. Neither should a
predetermined number of factors be required. *</em></strong> However, some factors may be
given more weight than others. The following indicators may be considered
when determining documenting the Domicile of an individual, but this list should
not be considered all-inclusive.
Location of employment.
Location of voter registration.
Location of property, including home purchase, and taxes paid thereon.
State for which the individual filed and paid state income taxes.
Address and other information on federal and state income tax returns.
State where the persons automobile title is registered and the payment of
property taxes thereon.
Address on drivers license and state of issuance.
Address on the Georgia Drivers License Bureau ID.
Reason for initially coming to Georgia.
State of issuance for business, professional, or other licenses.
Location of checking, savings, or other banking accounts.</li>
</ol>
<p>In order to gain eligibility for State Programs, a student (JIMS: They mean via Parent, not yourself) must establish Domicile in
the State of Georgia and maintain such Domicile for twelve consecutive months
immediately preceding the first day of classes of the school term for which he or
she is seeking assistance from a State Program. <strong><em>The twelve-month period does
not begin until the individual has actually established a status of Domicile in
Georgia. A person does not have to live in Georgia for any specific period of
time before establishing a Domicile in Georgia, nor does just living in Georgia for
twelve consecutive months establish a Domicile in the state.</em></strong> For example, a
person may move to Georgia and shortly thereafter he or she may take sufficient
actions to establish a Domicile in Georgia. However, he or she would not meet
the Georgia Residency requirements for purposes of the State Programs until
twelve months later.
===============END EXCERPT===========</p>
<p>The knee-jerk staff response may be to say that your Mom's intent started with the DL being acquired, or that her Tax returns say other addresses, but there is caselaw to state that that is not a death knell to residency. You and she, knowing the policy and law, will refute that in advance by being UNEQUIVOCAL that she intended to take up residence as of the 12 month + timeframe, grabbing at anything back then from the list above. Add other items, such as cover letters she did (or did not ;-) send to prospective employers seeking "Long term employment here in the Atlanta area," etc. you get the drift... ANYTHING TO SHOW INTENT, plus being unequivocal from the get-go that she came to stay.</p>
<p>There's also this link - <a href="http://www.gsfc.org/main/publishing/newsletter/gsfc411_4_8_news4.cfm%5B/url%5D">http://www.gsfc.org/main/publishing/newsletter/gsfc411_4_8_news4.cfm</a>
- It is a selection of questions college administrators have asked of the Georgia Student Finance Commission (admins of the HOPE), and has several relevant answers. </p>
<p>==============BEGIN EXCERPT================
Q. A freshman at our college graduated from a Georgia high school in May 2008 as a HOPE Scholar. His father, a resident of Virginia, claimed the student as a dependent on his federal income tax return. The fathers information was used to complete the FAFSA. The student has stated that he lives in Georgia with his mother and he works in Georgia. Does this student meet the Georgia residency requirement for HOPE?
A. When determining a students residency, one must first determine if the student is dependent or independent. Since this student was claimed on one of his parents tax returns (and assuming he is under the age of 24), he is a dependent student and you will need to determine the parents residency status.</p>
<p>A dependent student, who graduated from a Georgia high school, is considered to have met the Georgia residency requirement if either parent can document Georgia residency for 12 months prior to the first day of classes for which the HOPE Scholarship is being sought. (If a dependent student graduates from a high school located outside the State of Georgia, the student would meet the Georgia residency requirement if the parent who claimed the student as a dependent on his or her tax return was a Georgia resident for the requisite 12-month period.) Please note that if this student had graduated from high school on or after July 1, 2008, and was determined to not have been a resident of Georgia at the time of high school graduation, then one of his parents would need to have been a Georgia resident for 24 months prior to the first day of classes.</p>
<p>[JIMS NOTE: If your Mom was a resident and claims you as a dependent for 2008 and "intends" to for 2009, that should qualify you as a resident at the time of graduation next month. It is key that you get this paper trail in motion ASAP, so you are a resident via her when you graduate out of state !! ]
=================END EXCERPT==================
See also: Georgia</a> Institute of Technology :: Financial Aid :: HOPE Scholarship, which says
=============BEGIN EXCERPT================
Q:How do I know if I am a Georgia Resident? If I am not a Georgia Resident, when will I become a Georgia Resident and be eligible to receive HOPE?</p>
<p>Georgia residency is determined by the Office of Admissions governed by the Board of Regents University System of Georgia in-state tuition policy.</p>
<p>In general a first-tier student meets the Georgia residency requirements for purposes of HOPE Scholarship eligibility if he or she met the requirements to be classified as a Georgia Resident at the day of high school graduation or completion of a Home Study program.</p>
<p>Effective July 1, 2008- Students who graduate from high school on or after July 1, 2008, and who were not Georgia residents on the day of their high school graduation or completion of a Home Study program, such student must meet the Georgia residency requirements for 24 consecutive months immediately preceding the first day of class of the school term for which the HOPE Scholarship is sought. </p>
<p>============END EXCERPT=============</p>
<p>As you see, they specifically cover your situation. KEY POINT: MAKE SURE YOU HAVE ESTABLISHED THAT YOUR MOM HAS BEEN DOMICILED (BY INTENT AND DOCs) FOR 12 MONTHS WHEN YOU GRADUATE, OR YOU ARE HOSED. It won't matter that you graduated out of state. What will matter is that your MOM has you as her dependent on her tax returns as amended if they didn't file jointly, and has her 12 month domicile status clearly nailed by the day you graduate.</p>
<p>The fact that your parents live apart is irrelevant to whether your mom qualifies. If your Dad claimed you, then unless they are married filing separately, so did she. If they did file separately, then they should file an amended return and move you to your Mom's. There is no proviso blocking the use of an amended return to prove these elements. Amending a return is fairly straightforward for this kind of fix. The tax cost will be nothing compared to the savings of in-state and HOPE, if you qualify. Any unfinished returns can be completed in a preliminary manner (just roll any refunds over to the following tax year, so they stay on account), and then corrected with an amended return later. It should be apparent that you can send the preliminary 1040 to the school regardless of whether you actual file that copy of the return with the IRS. If there's a perjury-bound certification that it <em>is</em> what you filed, then file it and amend it with the corrected numbers later.</p>
<p>As for the fact that your Mom only just got a Drivers License, that doesn't affect her being a resident for 1.5 years, so long as she has something else (utility, mortgage/rent, etc history) to back it up. The DMV might be miffed, but that doesn't affect her <em>intent</em>, as long as she is unequivocal that she intended and intends to live here, the minor details not aligning must be disregarded. See HAGGARD v. GRAHAM; and vice versa (142 Ga. App. 498)(236 SE2d 92)(1977), which decided:
==============BEGIN EXCERPT================
"There must be either the tacit or the explicit intention to change one's domicile before there is a change of legal residence." Bush v. State, 10 Ga. App. 544, 546 (73 SE 697) (1912). See also Bass v. Bass, 222 Ga. 378, 381 (1) (149 SE2d 818) (1966). "If a person leaves the place of his domicile temporarily, or for a particular purpose, and does not take up an actual residence elsewhere with the avowed intention of making a change in his domicile, he will not be considered as having changed his domicile." Williams v. Williams, 226 Ga. 734 (2) (177 SE2d 481) (1970) (Emphasis supplied.)</p>
<p>"The question of domicile is a mixed question of law and fact and is ordinarily one for a jury [cits.], and should not be determined by the court as a matter of law except in plain and palpable cases. [Cits.]" Campbell v. Campbell, 231 Ga. 214 (1) (200 SE2d 899) (1973). All affirmative indicia showed Madison County to be Graham's legal residence. "Evidence of registration and titling of cars in [Henry County] is not such evidence to substantially refute the affirmative evidence of domicile." Smiley v. Davenport, 139 Ga. App. 753, 758 (229 SE2d 489) (1976).
==================END OF EXCERPT==================</p>
<p>This split residency issue with husbands and wives is the subject of frequent contest between governement and citizens, with interesting results.</p>
<p>If you want to see how one such fight actually played out in a brilliantly written ruling by a SC Administrative Law Judge over property tax treatment for vacation homes, read this:</p>
<p>SC</a> Administrative Law Court - Decisions</p>
<p>The ladies reading this will definitely want to check it out. The Judge rules that a wife and husband, amicably married, may each declare primary residency in two locations, allowing them to get a resident tax rate for SC (saves 1/3+ per year), even though the husband's primary residence is in a different state. Note that the property is jointly owned, so they need not maintain a facade of her owning one, him the other. Ladies, please enjoy the shredding the judge does of the antiquated common law notions and caselaw cited by the Assessor's office, implying that a wife cannot be a resident of somewhere different from her husband. It's thrilling!</p>
<p>=================Begin excerpt=============:
The Assessor's position that the domicile of a married woman follows the domicile of her husband is plainly against the great weight of American jurisprudence. This common law fiction is based on a long outdated and widely discredited conception of the status of married women, and it has been rejected by virtually every jurisdiction that has had occasion to reexamine the doctrine in recent years. There is nothing in the language of Section 12-43-220(c) or in recent South Carolina case law (6) to suggest that the Assessor's policy on the matrimonial domicile of married women is required by, or even accepted under, South Carolina law. The Assessor has rummaged through the dust bin of legal history and has found nothing but an outmoded common law fiction to justify his construction of Section 12-43-220(c). This tribunal will not permit the Assessor to deny Respondents a benefit that is otherwise rightly theirs under the law on such weak grounds. As noted by Justice Holmes nearly one hundred years ago, the position asserted by the Assessor is "a pure fiction, and fiction is always a poor ground for changing substantial rights." Haddock v. Haddock, 201 U.S. 562, 630 (1906) (Holmes, J., dissenting).</p>
<p>The Assessor's policy holding married women to be domiciled with their husbands is not only based on an outdated understanding of the marital relationship, but also denies the resident wives in these cases equal protection of the laws in violation of the United States and South Carolina constitutions. One of the foundations of our system of laws is that "[n]o State shall . . . deny to any person within its jurisdiction the equal protection of the laws." U.S. Const. amend. XIV, § 1; accord S.C. Const. art. I, § 3 ("[N]or shall any person be denied the equal protection of the laws."). Under the Assessor's interpretation of Section 12-43-220(c), married women are treated differently than married men, solely on the basis of their gender. The stated position of the Assessor, and the actions taken by the Assessor in these cases, are in direct contravention of the United States and South Carolina constitutions. (7)</p>
<p>Generally, to satisfy the Equal Protection Clause, a classification must (1) bear a reasonable relation to the legislative purpose sought to be achieved, (2) members of the class must be treated alike under similar circumstances, and (3) the classification must rest on some rational basis. See Lee v. S.C. Dept. of Natural Res., 339 S.C. 463, 467, 530 S.E.2d 112, 114 (2000). However, "[n]either federal nor state government acts compatibly with equal protection when a law or official policy denies women, simply because they are women, full citizenship stature-equal opportunity to aspire, achieve, participate in and contribute to society based upon their individual talents and capacities." United States v. Virginia, 518 U.S. 515, 530 (1996). Accordingly, courts have reviewed gender-based classifications with more scrutiny than the rational basis test, and require a stronger showing by the state to support such classifications. "Parties who seek to defend gender-based government action must demonstrate an 'exceedingly persuasive justification' for that action." Id. In addition to the requirement that the State's justification be exceedingly persuasive, the Supreme Court found that this "demanding" burden "rests entirely on the State." Id. at 533. Furthermore, the State must show "at least that the classification serves 'important governmental objectives and that the discriminatory means employed' are 'substantially related to the achievement of those objectives.'" Miss. Univ. for Women v. Hogan, 458 U.S. 718, 724 (1982). Thus, for the Assessor to apply the domicile requirement of Section 12-43-220(c) differently to married women than to married men (i.e., to apply a "gender-based" classification), the Assessor must show some "exceedingly persuasive justification" for his action.</p>
<p>==========END EXCERPT=============</p>
<p>You should be all hooked up now!
Send me a private message if you get in a bind.</p>
<p>Jim</p>
<p>BTW, you can submit a copy of an extension in lieu of last year's return. They only request the "most recent tax return filed," which correctly interpreted should be the last return filed. You can amend any older return if you need to. Just use 1040X and follow the directions. People do this all the time.</p>
<p>Question? I moved from Georgia about a year ago, but want to move back to go to school for nursing with a hope scholarship. Would I have to live there for a year to apply for hope?</p>
<p>If you have live elsewhere and were a resident of that state (working or living with your parents), then yes, you would have to establish residency in GA. I hope you are over 25, because if you are not, your PARENTS would need to establish residency in Georgia. Takes a year while NOT being a student.</p>
<p>Did you graduate HS in GA? Are you independent or do your parents still live in GA? Did you file your last tax return in GA? If so, it’s unlikely they would pick up on a temporary move out of state if you have a GA address when you apply.</p>
<p>Too bad you didn’t move to a foreign country. My friend has lived in Canada and China during the past 5 years. Because the last state they lived in was GA, her kid gets the Hope scholarship at UGA.</p>