What happens if DD goes to live with Dad?

Parents Forum
1

<p>I remarried 12 yrs. ago and my daughter will be attending
a SUNY school in fall. She lives with myself and
stepdad in NY. We may be moving to South Carolina
next year. My ex lives in NY as well, so next year
I should be able to list on the FAFSA that she nows
lives with her dad for most of the year-he will also
get to put her on his tax returns. He makes much
less than my current husband, so that will change
need based aid. Has anyone gone thru anything
like this? I hope it is not going to be a hassle.</p>

<p>Thanks.</p>

<p>Debbie</p>

2

<p>When there’s a question as to who is the custodial parent, it often comes down to who provides the most support. Who claims the student on his or her tax returns is typically irrelevant. If your D goes to her father’s house during most breaks and lives with him in the summer, he could probably be considered the custodial parent for FAFSA purposes. In that case he’d be the one filing FAFSA in 2011, not you.</p>

<p>Here are the rules:</p>

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<p>[FinAid</a> | Answering Your Questions | Divorce and Financial Aid](<a href=“http://www.finaid.org/questions/divorce.phtml]FinAid”>http://www.finaid.org/questions/divorce.phtml)</p>

3

<p>I would think that state of residency would affect tuition (in-state vs. out of state), not financial aid (other than NYS TAP, which these days is a pittance). SUNY need based aid is mostly federal aid, such as PELL and Direct Loans, which has nothing to do with being a NYS resident. SUNY offers merit based aid, but that has nothing to do with need - it is merit.</p>

<p>The rules for NYS residency are not the same as for the FAFSA. The child’s residency has nothing to do with support.</p>

<p>[url=<a href=“http://www.suny.edu/counselor/paying_residence.cfm]Residency[/url”>http://www.suny.edu/counselor/paying_residence.cfm]Residency[/url</a>]</p>

<p>*Eligibility Basics
At SUNY’s State-operated campuses (University Centers, University Colleges, and Technology Colleges), students are generally considered New York State residents if they have established their domicile in New York State for at least twelve months prior to the last day of the registration period of a particular term.</p>

<p>Generally, individuals who have maintained their domicile in New York for a period of fewer than twelve months prior to the end of registration are presumed to be out-of-state residents and are not eligible for the resident tuition rate.
Individuals who are financially dependent and whose custodial parent(s) lives in a state other than New York are generally not eligible for the resident tuition rate. However, students of divorced or legally separated parents may acquire a New York State domicile if the custodial parent is a New York State resident or if the student resides with a non-custodial parent who is a New York State resident and the student intends to continue to reside with that parent throughout their attendance at SUNY.
Individuals do not meet the twelve-month residency requirement if domiciled in New York State primarily to attend college.
Determination of Domicile
To determine a student’s domicile, campuses use the following principles:</p>

<p>A person may have multiple residences but only one domicile.
A person retains a domicile until it is abandoned.
Physical presence alone does not establish domicile or residency.
Proof of Domicile
Campuses rely on documents and circumstances such as, but not limited to, the following to determine if an individual’s domicile is in New York State. For financially dependent students, the campus relies on documents relating to the parents or legal guardian.</p>

<p>Duration of physical presence in NY.
State of residency of the student’s family.
NY State voter registration.
NY State driver’s license.
NY State motor vehicle registration.
NY State real property ownership.
NY State residential rental lease.
NY State income tax returns.
Questions about resident and non-resident tuition rates should be directed to the Student Accounts Office at each SUNY campus.*</p>

4

<p>Also remember, that if your husband is going to become the custodial parent, he will be eligible for child support (which is paid up to the age of 21 in NYS). The child support will also be considered as income in the financial aid process.</p>

5

<p>FAFSA considers the custodial parent to be the parent the child lives with the most. If she spends most breaks with her dad then he is the parent who should file the FAFSA.</p>

<p>from the directions:

</p>

<p><a href=“http://studentaid.ed.gov/students/attachments/siteresources/CompletingtheFAFSA10-11.pdf[/url]”>http://studentaid.ed.gov/students/attachments/siteresources/CompletingtheFAFSA10-11.pdf&lt;/a&gt;&lt;/p&gt;

6

<p>Thanks all,</p>

<p>I just wanted to make sure she still would be considered in state. I know
about the child support-now she won’t be getting any non merit aid but if
he has domicile custody we should be able to get some.</p>

<p>Debbie</p>