TX or CA residency?

boundpetro · 09-29-2012, 12:54 AM

A question:

a kid has two married parents. One is a resident of TX, and the other is a resident of CA. Both parents have been lived in those states for more than 12 months, have jobs, pay taxes separately.

Only one is claiming the kid as a dependent (since both cannot claim the same kid as a dependent, right?) , but the kid is graduating from a HS of the parent who does NOT claim that kid as a dependent.

What state would that college student be a resident of?

another words..Dad lives in TX, makes more $, claims a kid as a dependent. Kid graduated CA high school, Mom is a resident of CA.

1. If the kid now decides to go to college to TX, would he be paying an in-state, or out-of state tuition?

2. If he decides to go to CA college - would he be considered a CA resident or not?

Erin's Dad · 09-29-2012, 08:18 AM

It looks like they would have CA residency: http://www.ucop.edu/ogc/documents/uc...cy.pdf#page=13

It looks like they will also be considered resident in TX: Residency Questions & Answers | Be a Longhorn

thumper1 · 09-29-2012, 02:35 PM

The kid would (in my opinion) be a CA resident. He lives in CA, is graduating from a CA high school, and his custodial parent lives in CA.

HOWEVER in Texas, because his dad is a resident, SOME of the instate public universities would also give him instate residency status. He needs to check the specific college websites for their guidelines.

Tax filing status does NOT determine residency status for tuition purposes.

mom2collegekids · 09-29-2012, 03:44 PM

Can you clarify....

You say that you have two "married parents". Do you mean that they are married to each other, but one is working in Texas...so is living there? If so, then Texas may not consider that parent as a "resident".

Or do you have "divorced parents"??

The student in this case is a Calif resident. However, if your parents are divorced, and your dad is a resident of Texas, then "maybe" Texas will also consider the student as "instate". You'd have to contact UT-Austin and ask.

thumper1 · 09-29-2012, 03:48 PM

mom2...it sounds to me like the parents divorced and BOTH have remarried. One parent and spouse living in CA (where the kid presumably lives too), and one parent and spouse living in TX (that is the parent who claims the kid on the taxes).

As I said...residency is NOT determined by the parent who declares you on their taxes.

Erin's Dad · 09-29-2012, 06:05 PM

Actually Thumper, TX residency does include a tax declaration test:

Quote:

You can base Texas residency on the parent who resides in Texas if that parent

Claims you as a dependent on his or her federal income tax return or
Is eligible to claim you as a dependent on his or her federal income tax return. (In general, parents who pay child support are eligible to claim a child for federal income tax purposes.)

thumper1 · 09-29-2012, 06:20 PM

Erin's dad, that is a good provision for the OP. luckily it does not preclude the kiddo from also being considered instate for California.

boundpetro · 09-30-2012, 04:34 AM

sorry, let me clarify.
Both parents are married to each other. They just hold a marriage license, but are not living together for years now. Ask them why...

Each (Mom and Dad) are residents of their respective states. Mom - of CA, and Dad - of TX. Yes, filing taxes separately, but someone here said it shouldn't matter who claims a kid as a dependent.

Student now wants to go to a TX state school to college. Will he be considered a TX resident? and if yes - are there any rules/links exist about that, please? Thanks!

emeraldkity4 · 09-30-2012, 07:49 AM

Some schools in Tx will consider him a resident.
You'll have to check the schools you are interested in.
Remember taxes & FAFSA are different.
Doesn't matter that they file separately or who takes the deduction.
For married parents both parents income is reported.

thumper1 · 09-30-2012, 09:25 AM

Quote:

Yes, filing taxes separately, but someone here said it shouldn't matter who claims a kid as a dependent

That was me...but Erin's Dad showed that tax dependency IS required in Texas.

Look in post #2 for the link re: Texas residency. HOWEVER I agree with Emerald that looking on each school website in Texas would be important too.

Since your parents are "separated"...even though they are "married", I would think the kiddo would only list ther mom on the FAFSA as she is the custodial parent with with whom the student resides.

Kelsmom would be able to tell you about the FAFSA...she is a financial aid officer. PM her and ask.

mom2collegekids · 09-30-2012, 09:47 AM

I think for the state of Texas, if you want TEXAS aid and your parents are separated, but not divorced, then they use both parents' incomes.