Lesson 4 Classification of Minors Anne White UNC School of the Arts State Residency Classification for Tuition Purposes Training July 2010 North Carolina State Residence Classification Manual A Manual to.
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Lesson 4 Classification of Minors Anne White UNC School of the Arts State Residency Classification for Tuition Purposes Training July 2010 North Carolina State Residence Classification Manual A Manual to Assist the Public Higher Education Institutions of North Carolina in the Matter of State Residence Classification for Tuition Purposes Classification of Minors: Lesson 4 Domicile of a Minor (under 18) Classification of Minors: Lesson 4 Domicile of a Minor (under 18) Minor with a Divorced or Separated Parents Classification of Minors: Lesson 4 Domicile of a Minor (under 18) Minor with a Divorced or Separated Parents After the Minor Turns 18 Classification of Minors: Lesson 4 Domicile of a Minor (under 18) Minor with a Divorced or Separated Parents After the Minor Turns 18 Special Considerations of the “five-year rule” for minors Classification of Minors: Lesson 4 Domicile of a Minor (under 18) Minor with a Divorced or Separated Parents After the Minor Turns 18 Special Considerations of the “five-year rule” for minors Emancipated Minors Classification of Minors: Lesson 4 Domicile of a Minor (under 18) Minor with a Divorced or Separated Parents After the Minor Turns 18 Special Considerations of the “five-year rule” for minors Emancipated Minors Wards of the State Classification of Minors: Lesson 4 Based upon common law, it is “presumed” that a minor is dependent upon their parent(s) for domicile Classification of Minors: Lesson 4 Based upon common law, it is “presumed” that a minor is dependent upon their parent(s) for domicile If one parent is dead, then the domicile is of the surviving parent Classification of Minors: Lesson 4 Based upon common law, it is “presumed” that a minor is dependent upon their parent(s) for domicile If one parent is dead, then the domicile is of the surviving parent If the minor is an orphan - with no legal guardian - domicile is the same as the person they live with Classification of Minors: Lesson 4 Based upon common law, it is “presumed” that a minor is dependent upon their parent(s) for domicile If one parent is dead, then the domicile is of the surviving parent If the minor is an orphan - with no legal guardian - domicile is the same as the person they live with Otherwise, their domicile is the one last established by parent or legal guardian (court appointed “guardian of the person” or “general guardian”) Classification of Minors: Lesson 4 Domicile is with the parent who claims the child as a dependent for tax purposes (parent must also be a legal resident of North Carolina to be classified as in-state) Classification of Minors: Lesson 4 Domicile is with the parent who claims the child as a dependent for tax purposes (parent must also be a legal resident of North Carolina to be classified as in-state) Length of domicile in the state = the length of time the in-state parent claimed them on their taxes. This can be less than 12 months as long a parent already has the necessary 12 months legal residency Classification of Minors: Lesson 4 To keep in-state status, the student must perform as many residential acts as possible for their circumstances to retain in-state residency Classification of Minors: Lesson 4 To keep in-state status, the student must perform as many residential acts as possible for their circumstances to retain in-state residency AND The student must enroll at a North Carolina institution of higher education not later than the fall term after completion of education requirement for admission (high school graduation) Classification of Minors: Lesson 4 If the student has lived in North Carolina for five consecutive years immediately prior to enrolling or registering at an institution of higher education with an adult relative, other than a parent, and that adult relative is domiciled in North Carolina and has served as a de facto guardian for that minor child Classification of Minors: Lesson 4 If the student has lived in North Carolina for five consecutive years immediately prior to enrolling or registering at an institution of higher education with an adult relative, other than a parent, and that adult relative is domiciled in North Carolina and has served as a de facto guardian for that minor child then The minor child is given the benefit of “resident status for tuition purposes” (not legal residence or domicile) for immediate enrollment the next term in question Classification of Minors: Lesson 4 The child may have lived with more than one adult relative over the five years Classification of Minors: Lesson 4 The child may have lived with more than one adult relative over the five years It does not require financial support, just actual care Classification of Minors: Lesson 4 The child may have lived with more than one adult relative over the five years It does not require financial support, just actual care Once the child turns 18 they have legal residency in North Carolina on their own and can retain it as long as they do not abandon the state Classification of Minors: Lesson 4 In North Carolina the rule includes: Under the age of 18 but not under the age of 16 Classification of Minors: Lesson 4 In North Carolina the rule includes: Under the age of 18 but not under the age of 16 Legally considered a legal adult Classification of Minors: Lesson 4 In North Carolina the rule includes: Under the age of 18 but not under the age of 16 Legally considered a legal adult Established by decree from district court judge in the minor’s county of residence Classification of Minors: Lesson 4 In North Carolina the rule includes: Under the age of 18 but not under the age of 16 Legally considered a legal adult Established by decree from district court judge in the minor’s county of residence The person is married Classification of Minors: Lesson 4 In North Carolina the rule includes: Under the age of 18 but not under the age of 16 Legally considered a legal adult Established by decree from district court judge in the minor’s county of residence The person is married To make claim, the student must show legal evidence of decree and all other information related to a claim of domicile Classification of Minors: Lesson 4 Have student produce the court order, decree of emancipation, or other evidence of that is legally valid in that state Classification of Minors: Lesson 4 Have student produce the court order, decree of emancipation, or other evidence of that is legally valid in that state Look at the application as you would for any other independent student, regardless of their age Classification of Minors: Lesson 4 Wards are orphans or other children who have been placed in the custody of the state Classification of Minors: Lesson 4 Wards are orphans or other children who have been placed in the custody of the state Wards (age 17-23) who were a ward as of 18 in North Carolina, are eligible for a tuition waiver at both university and community colleges if ◦ They are a resident of the state ◦ Eligible for services under Chaffee Education and Training Vouchers Program Classification of Minors: Lesson 4 THANK YOU! Classification of Minors: Lesson 4