I still live, work and pay taxes in California and my daughter whom used to be a resident of California but now attends high school in Nevada. Does this qualify her for an in-state tuition in California?
Are you the custodial parent?
She may be, but prepare to be questioned because she did not graduate from a California HS. Students do still qualify if they go to boarding school, who live with another parent but establish a home with the California parent. There are statutes that give great detail on who qualifies.
I am her biological father…she is also a dependent on my insurance or any other benefits from my work. I also, declare her as a dependent on my income tax return. I have a house in Las Vegas where my wife and daughter lives but I am there also on weekends.
You need to check CA residency guidelines. Your daughter is currently living and residing in Nevada.
Your tax dependency and such do NOT have any bearing on residency status for in state tuition purposes.
Are you married to the other parent?
What year in HS is she? Did she ever attend HS in CA? If so, for how many years?
You may want to read what the UCs, CSUs, and community colleges say on the subject:
http://ucop.edu/residency/residency-requirements.html
http://www.calstate.edu/sas/residency/
http://extranet.cccco.edu/Portals/1/CFFP/Fiscal_Services/Attndc_Acctg/Residency/2013_CACCRAO_Residency_Overview_Presentation_Apr2013.pdf
You need to tread lightly.
If she’s not attending a California high school, it may be difficult to get instate status for her. Living with her in Nevada means she’s in Nevada. It’s not you who needs to be instate, it’s your daughter.
The California public colleges are hurting for state funds; they will immediate notice the OOS HS transcript. That is a huge red flag and will definitely appear as a full fee student.
Also, California public high schools have different requirements that cover California history as well as visual and performing arts classes. If she doesn’t meet those requirements, she may be out of luck.
No, I am not the custodial parent. She lives with my wife in Las Vegas, NV. I am not separated or divorced from my wife I just chose to work in CA where we’ve lived for the past 30+ years. I see them on weekends. I also declare her as a dependent on our joint income tax return.
You’re working in Calif, but it sounds like your primary residence is in Nevada since you’re not separated from your wife.
Your situation isn’t that uncommon when work takes one parent to another state. I don’t think you’re technically a Calif resident for tuition purposes.
There is a provision for instate status where this would be one criteria…I forget the name…but your daughter would hve to have residency in CA with you as a parent…before age 18. Someone else can explain. And she would need to graduate from a CA HS.
How many years of HS has your daughter completed in Nevada. One? Four?
How long has your daughter’s residence been in Nevada?
If she “used to be a resident” when she was little…that won’t matter for college instate purposes in CA UNLESS she moves back there with you and establishes residency.
Right now…your daughter is a resident of Nevada.
You keep mentioning your tax filing status…etc. you need to forget about that. Your income tax filing status does NOT establish residency for your daughter. At all…unless she lives in CA with you to establish residency.
Lots of people work in different states from where their family lives. It doesn’t give them instate status unless the KID lives there too.
@kupii925 once more…
- What year in HS is your kiddo?
- When did your daughter and wife move to Nevada.
- Did your daughter complete ANY years of HS in California and if so, how many?
<<<
I also declare her as a dependent on our joint income tax
<<<
Ok…you and your wife file jointly. In which state are you filing jointly?
It’s none of my business, but may matter to CAlif for tuition…, why are your DD and wife living in Nevada when you’re not separated? Why aren’t they living in Calif and going to school in Calif?
What year is your DD? If you want a “sure bet” for instate, move your wife and DD back to Calif and have her go to high school in Calif.
If you and your wife’s marriage isn’t “separated” then you ARE the custodial parent because you BOTH are the custodial parents when the couple isn’t “separated.” There’s no such thing as CP and NCP when dealing with an intact marriage with their kids…no matter where one parent is working.
Right. You are NOT separated. You are choosing to live and work elsewhere during the week.
My husband worked in a neighboring state for YEARS. Our kids were never entitled to instate status there because our KIDS didn’t live there.
But please…answer the questions. How long has your daughter resided in Nevada…and what year is she in HS?
Do you own a home in Calif? Or do you rent?
These are requirements of the student, not the parent:
- **Physical presence**
You must be continuously physically present in California for more than one year (366 days) immediately prior to the residence determination date of the term for which you request resident status.
- **Intent to remain in California**
You must establish your intent to make California your home one year prior to the residence determination date of the term for which you request resident status.
- **Financial independence**
If you’re an unmarried undergraduate under the age of 24 and your parent(s) are not California residents, you must be able to verify financial independence for the two full years immediately preceding the term you wish to enroll. Graduate students are presumed to be financially independent unless they were claimed as a dependent on their parents’ federal tax return for the most recent tax year.
Are you paying California taxes solely to get her California residency status? It’s cheaper for you just to save that money and pay OOS tuition.
You go on weekends to Nevada? Then that is the family’s primary residence. It’s where she spends her time. Not pretending to live in California with the family. That’s bogus!
Any chance your daughter could transfer back to California to finish high school there? It’d make things easier for college.
As an FYI…she would need to establish her residency in CA 12 months prior to her enrollment in college. So…if she is a HS junior…she needs to move this summer back to CA.
I don’t agree. The father lives and works in California 5/7th of the time. I’d say his residence is in California. There are other tests, of course, but employment is a big one. If he files residential taxes in California, has his car registered there, votes there, has a driver’s license, etc., he’s a resident.
My sister lives in one residence and her husband in another. He lives in his house M-F, has his car registered there, votes there, gets his mail there. It’s his home. She has another home. They are married. There really isn’t a 'family residence" and that doesn’t really matter. He is a resident of one city/county and she is a resident of another. Their kids can pick.
The OP’s child needs to establish, or re-establish, her California residency. Get a DL, register to vote when she is able, etc. The children of divorced parents do it all the time. This isn’t that different except that neither parent will object if she picks the other’s residence as her permanent residence.
You are in unenviable position of paying high California taxes, residing in California, and having your child not eligible for in-state tuition. Unfortunately the definition of residency differs a lot for tax purposes and tuition purposes, and both are designed to extract as much money from you as possible.
Having her move to CA this summer and attending a CA HS would be the logical solution to regain in-state tuition.