State Residency for College for DC

[Anonymous]

My DC lives with me in MD, but I have joint custody with my H. We file taxes Married filing separately. He files in VA and I file in MD. We are legally separated. DC has a drivers license in VA, but goes to high school in MD. Which state for college purposes does she reside? She wants to go to college in VA as instate tuition. How does that work and or happen? It seems to me that she is really a MD resident. Ex says no she can be VA. Help please. She has applied to both MD and VA schools. Thanks.

[Anonymous]

She is a MD resident - she lives with you in MD, she goes to school in MD, she applied to colleges from a HS in MD. In-state residency rules are pretty tough.

[Anonymous]

Google joint custody/in state tuition. There are special rules that vary state to state and it is not necessarily dependent on where the child goes to high school.

[Anonymous]

http://www.virginia.edu/provost/vastatus/faqs.html

Q: If my parents are divorced am I eligible for in-state educational privileges if I live outside of Virginia and my non-custodial parent lives in Virginia?

A: Yes, if the non-custodial parent contributes substantially to your support and is domiciled in Virginia.

[Anonymous]

Who pays her expenses? Who claims her deduction? How long has your DH lived in and paid taxes in VA?

[Anonymous]

My sister went to high school in VA living with our mom, she went to college at a university of CA, our father was a CA resident. She applied as an instate student and paid in state tuition. That reads consistent with the VA rule posted above.

[Anonymous]

Anonymous wrote:Who pays her expenses? Who claims her deduction? How long has your DH lived in and paid taxes in VA?

Doesn't matter in this case. OP and her ex can choose.