Military Spouse School

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Does anyone know can your spouse if in school recieve in-state tuition when transfering bases from state to state?

Originally Posted by narcusprince

Does anyone know can your spouse if in school recieve in-state tuition when transfering bases from state to state?

Most states have laws specifically granting active-duty dependents in-state tuition. You'll have to check your individual state.

Ed

Originally Posted by edmadison

Most states have laws specifically granting active-duty dependents in-state tuition. You'll have to check your individual state.

Ed

Do you know, if your spouse EAS, do you get to move anywhere and start to be a resident there, or basically you leave with NO home state and NO "in-state" schools?

Originally Posted by orthogenes

Do you know, if your spouse EAS, do you get to move anywhere and start to be a resident there, or basically you leave with NO home state and NO "in-state" schools?

Nice bump.

Do you mean what will one's home state be when they end active duty? That's a complicated question; it can be the state where the home of record is, one can often change residency to the state they were last stationed in (it totally depends on the particular state).

As far as instate tuition for active duty military and dependents, there's a federal law for that: http://www.militaryfamily.org/get-in...e-tuition.html

Doesn't grant state residency but it allows dependents and military members to pay instate tuition.

Btw, the law came into effect after the original posts in the thread.

Originally Posted by Pezistential

Do you mean what will one's home state be when they end active duty? That's a complicated question; it can be the state where the home of record is, one can often change residency to the state they were last stationed in (it totally depends on the particular state).

Yeah, lots of people incorrectly think their home of record is their state of residency. It's not. State residency, or domicile, can change. I've never heard of an officer getting his home of record changed, and the only time I've seen it happen for enlisted/NCOs is when they're discharged to be commissioned.

Originally Posted by orthogenes

Do you know, if your spouse EAS, do you get to move anywhere and start to be a resident there, or basically you leave with NO home state and NO "in-state" schools?

There is no national standard for domicile. For an active duty servicemember, your domicile is simply the place to which you plan to return following the end of your military career. It is very difficult to prove intent, which means you are essentially free to claim any state in the union. You just go to the personnel office and tell them to change your pay to withhold taxes to a certain state. If that state has no income taxes, then lucky you.

However, you'll want to do a number of things to demonstrate that intent in case another state (like your previous one) believes you owe it taxes. For example, get a driver's license, own property or maintain an address, register your car, pay state income taxes (where relevant), or draft a will in your state of residency. The single most important factor is probably where you're registered to vote.

When you PCS, you and your SO will keep your established state residency until you change it, if you decide to. Keep in mind that they changed the law in late 2009 such that - with rare exceptions - your spouse can pay income tax in either your state of residency or where you're assigned.

Originally Posted by colbgw02

Yeah, lots of people incorrectly think their home of record is their state of residency. It's not. State residency, or domicile, can change. I've never heard of an officer getting his home of record changed, and the only time I've seen it happen for enlisted/NCOs is when they're discharged to be commissioned.



There is no national standard for domicile. For an active duty servicemember, your domicile is simply the place to which you plan to return following the end of your military career. It is very difficult to prove intent, which means you are essentially free to claim any state in the union. You just go to the personnel office and tell them to change your pay to withhold taxes to a certain state. If that state has no income taxes, then lucky you.

However, you'll want to do a number of things to demonstrate that intent in case another state (like your previous one) believes you owe it taxes. For example, get a driver's license, own property or maintain an address, register your car, pay state income taxes (where relevant), or draft a will in your state of residency. The single most important factor is probably where you're registered to vote.

When you PCS, you and your SO will keep your established state residency until you change it, if you decide to. Keep in mind that they changed the law in late 2009 such that - with rare exceptions - your spouse can pay income tax in either your state of residency or where you're assigned.

Thank you! Currently, my husband is active duty, so he will reregister when he EAS, and can be in-state almost anywhere, I guess. BUT we got married after he joined, so I have been a resident of 3 different states since we got married. Hopefully I can also re-register to the state we move to.
We intend to go to school in the same area--Medical School for me, and undergrad for him. We are hoping to both go to a state school.

Thank you, and thanks for the link!