For in-state tuition, or for tuition breaks for DC residents in other states, what is the legal residence of a dependent child whose parents are divorced if either parent is a legal resident of the state of Maryland or Washington DC? Does it matter who claims the dependent individual for federal income tax purposes?
Thank you for your assistance!
Merged two identical threads
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For financial aid purposes the parent is the custodial parent who child lives with the proceeding 365 days. Filing taxes has no bearing.
Who does the child live with?
Where does the child attend school
If you want to get in state tuition in the state where the non custodial parent lives you will have to check the school’'s policy for instate tuition. Some schools may require that the child is your dependent living with you at least 51% of the time and providing 51% support.
Remember some divorce agreements allow parents to claim child for tax purposes in alternate years
I don’t think D.C. Students get in state tuition anywhere. However they are eligible for a DC tag grant which is $10,000 to offset the different between in state and OOS tuition.
Look up the rules for each state.
You are going to need to check the policies for each institution. Not every state has uniform policies about this. It is not unusual for students of divorced parents to be considered in-state in both states of residency.
Which state does the child primarily live in and go to school in?
What are the instate residency rules for the state schools in the NCP’s state?
Maddening – but you need to even check out public Us within the same state! As they can vary between schools, even within the same borders.
And some states give instate tuition to the child of a resident, whether or not the student is a dependent of that resident. Colorado does. My nephew was a Florida resident, graduated from a Florida high school, was claimed on his mother’s (Florida resident) taxes, but he was given instate status by Colorado.
Thanks everyone. This is really helpful. My son has primary residency in Maryland and goes to school in Maryland. His dad has lived in DC for 15 years. So to be clear, I need to look at the state residency rules for public institutions within that state? I’ll also check with DC Tag to see what they consider in state as well.
Your son would be a resident of Maryland because he lives there, has lived there…etc. does your son live with YOU in MD?
Check the rules for DC TAG.
You don’t need to check with Maryland. He’s fine for Maryland. THAT is his home state.
As for DC, you need to see if he qualifies for DC TAG. I’m betting not, but who knows.
DC TAG is for DC residents who don’t have a home state. Your son has a home state.
Are you trying to get the DC TAG of $10k per year to go towards an OOS school?
DC TAG requires FAFSA which would show MOM’S home address not dad’s DC address.
And…
a District of Columbia resident at least 12 consecutive months prior to the applicant’s first time in college and continued domicile throughout the applicant’s college matriculation; Dependent students’ (under age 24) domicile is established though the parent. Parents of dependent students must have a citizenship status that allows them to establish domicile in the District of Columbia.
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Your son would not qualify for DC TAG. Your son is a resident of Maryland because he lives there with his custodial parent (mom) AND goes to high school in Maryland.
Your son is instate for all Maryland public univs.
I don’t read that the same way you do, @mom2collegekids. I read that as the student’s domicile is that of the parent, and if the parent is a qualified DC resident, the student is too. In this case, the father is a DC resident, and the son is a resident under the father while still having residency under his mother for Maryland.
I don’t know what DC’s policy is, but some states only require the parent to be a resident and then the student automatically is a resident. Colorado doesn’t require the student to be a tax dependent of the parent, or even to have set foot in the state, but California does require the child to be a tax dependent of the California resident parent. I don’t know if DC Tag would give $10,000 and then have that be applied to instate tuition in another state (Maryland) but it sure is worth looking at. I’m sure the OP is not the first to have one parent living in the District and another living in Virginia or Maryland, so the answer should be easy to find.
DC affidavit says: “PARENT/LEGAL GUARDIAN AFFIRMATION STATEMENT I do hereby affirm that domicile of the DC OneApp applicant may be established through me because: 1. I am the dependent DC OneApp applicant’s parent, guardian, spouse or other person that provides more than 50 percent of the applicant’s financial support. 2. I am domiciled in the District of Columbia and it is my intention to remain domiciled in the District of Columbia. 3. I am a parent, legal guardian, spouse or other person that provides more than 50 percent of the DC OneApp dependent applicant’s financial support and I have attached a certified copy of my DC tax return (D-40) with a Schedule S that reflects the applicant as my dependent for all qualifying years.”
My reading of the DCTAP paperwork is also that it pays the difference between in state and out of state, to a maximum of $10k. Not a freebie $10k for everyone.
@allyphoe is right- and DC is getting aggresive about enforcing the rules of the LAG grant, and there is no public option in DC that holds a candle to the OPs instate options.