<p>My family has been living in Virginia for the past 10 years and I attend a college in VA. My dad, the only source of income, recently had a job change and will not be residing and paying taxes in another state. </p>
<p>My mom, who does not have a job, leased an apartment with me and will be paying my tuition, apartment lease, electricity, gas, and vehicle taxes in Virginia with her own money (not money that my dad earned; money she solely owns). She will also have a VA Driver's License and insurance for hospitals/dental things in VA.</p>
<p>I am still an dependent. Will I still get in-state tuition? Will we run into problems if my college somehow finds out my mom will not be residing with me in the apartment for most of the time?</p>
<p>I'm very hesitant to call financial services in case I don't get approved for in-state tuition and they will find out.</p>
<p>So will your parents be filing taxes as residents in another state? Or will your mom’s apt be considered the primary resident, while your dad’s resident be considered his “work resident.”</p>
<p>My dad will be paying taxes in the other state. My primary residence put on my college file will be the apartment.</p>
<p>What will your mom’s primary residence be?</p>
<p>It will say the apartment but she will be living (hopefully) with my dad most of the time and if anyone, for some reason, from UVA visits to “check on us” we’ll say that she’s visitng my dad or has family emergency</p>
<p>OMG…no one is going to come to your home to “check on where your mom is living.”</p>
<p>LOL!</p>
<p>Come check your apartment? The “college police” are notorious for this!</p>
<p>Check the rules with your college, many states leave you as a resident if you began as a resident, even if your parent’s move out of state.</p>
<p>Just in case, there are little things you can do to help pay for college. Make sure there are two sets of toothbrushes in your bathroom, and use them both to make it seem as if you have two people living there. Maintain a subscription to some of her favorite magazines and dog-ear some of the pages after they arrive. When you’re leaving for school, stand in your doorway and yell something like “See you later, Mom!” or “I’ll make sure to pick up some milk, Mom!”</p>
<p>also: maintain a bed for her and occasionally roll around in it to make it looked “slept-in”.</p>
<p>LOL, the things people will do for in-state tuition.</p>
<p>So basically your parents (well, your mother, but it really doesn’t matter) are getting an apartment in your name and are going to pay for it? Because that’s basically what it comes down to. Parents do this all the time, and it usually doesn’t work.</p>
<p>From the UVa website, the Virginia requirements are that your parents have to be domiciled in Virginia for 12 months before you can be considered a resident for tuition purposes (the entire system uses the same rules, which are codified in law). So first of all, your apartment lease needs to be 12 months old before you can get in-state status. If your mom just leased the apartment recently, you won’t get IS status until next year.</p>
<p>VA says that if your parents are domiciled in separate states, you can pick the state in which you want to be domiciled. So you can choose VA if your mom is considered a domiciliary there.</p>
<p>The tricky part will come for whether they consider your mom a domiciliary (given that your lease is 12 months old when you file the residency application). They’re not going to visit your house, but they will want objective proof. She’s going to need to file her income taxes in VA. You’ve already said that she’s got the driver’s license and vehicle taxes; she might also want to register to vote in VA (and NOT in your home state). Then she’d at least have all the physical proof that she’s planning to establish VA as her permanent home, and nobody is going to do a site visit to prove that she’s really living there <em>shrug</em>.</p>
<p>I don’t see why it wouldn’t work, provided that your mom’s lease is 12 months old.</p>
<p>Here’s my link:</p>
<p><a href=“http://www.virginia.edu/undergradadmission/status.html[/url]”>http://www.virginia.edu/undergradadmission/status.html</a></p>
<p>Juillet, the OP already attends college in VA as a resident. The question is what happens to his/her residency when they move OOS.</p>
<p>Legally, you are fine. Your parents were long time VA residents, you graduated from a VA high school, and now your dad has a new job OOS. If your mom rents the apartment and maintains this as her VA residence, she can visit your dad all she wants, but can consider herself a VA resident until you graduate. </p>
<p>It would be different if you never lived in VA. It does not matter if she uses any of your dad’s money. If she maintains an apartment in her name, pays the rent, pays the utilities, and keeps her license in VA, you are fine.</p>
<p>Under Virginia law, you are still considered in-state for up to 12 mos AFTER your mom finally “leaves the state.” So once you have under a year to go (unless you are planning grad school), she does not have to maintain the apartment.</p>
<p>See VA Code 23-7.4</p>
<p>PS, If your dad considers this move temporary, he can file and pay income taxes in Virginia for the time you are in school, and your mom does not have to maintain a residence in the state to get instate tuition.</p>
<p>LOL omg, I totally missed the first paragraph and skipped to the second.</p>
<p>I defer to sunnyflorida in this case…</p>
<p>There is also no reason why your mother couldn’t file her state taxes as a resident. her father can file as a resident in his new state. It is actually quite common right now in this economic environment. That will make the documentation for residency very simple if requested.</p>