Reply to Is this residency fraud?

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[quote=Anonymous]I'm not from this area- but I *think* residency is where ever the child resides most of the time. I also think that, unless there is a documented reason, the child's residence is with a legal guardian- usually one or both parents. I think to be entirely "clean" OP would have to establish the condo as her primary residence and her current home as a second home. That might be hard to do if her DH lives in the second home.

Domicile/residence are complicated issues and states/jurisdictions will tend to go with whatever answer benefits them for tax/residency purposes. We're going through this headache in a lot of respects due to permanent job relocation for a spouse and a home that we're having trouble selling quickly. It's a headache and we know that either state could claim grounds to tax all of our income.

Anyway, that's how it works almost everywhere--it's where the child legally resides. I don't think just staying with grandma for a few nights a week is going to cut it. 
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