the determination is made:

  1. 1. Whether the person has been claimed as a dependent on the federal or state tax returns of a parent or other person for the year preceding the date of application for a determination of residency status; or
  2. 2. Whether the person is no longer claimed by a parent or other person as a dependent or as an exemption for federal and state tax purposes; and
  3. Whether the person has financial earnings and resources independent of a person other than an independent spouse necessary to provide for the person’s own sustenance.
  4. An individual who enrolls at an institution immediately following graduation from high school and remains enrolled shall be presumed to be a dependent person unless the contrary is evident from the information submitted.
  5. Domicile may be inferred from the student's permanent address, parent's mailing address, or location of high school of graduation.
  6. Marriage to an independent person domiciled in and who is a resident of Kentucky shall be a factor considered by an institution in determining whether a student is dependent or independent.
  7. Financial assistance from or a loan made by a parent or family member other than an independent spouse, if used for sustenance of the student:
  8. Shall not be considered in establishing a student as independent; and
  9. Shall be a factor in establishing that a student is dependent.
  10. (92) Section 6. Effect of a Determination of Dependent Status on a Determination of Residency Status.
  11. The effect of a determination that a person is dependent shall be:
  12. The domicile and residency of a dependent person shall be the same as either parent. The domicile and residency of the parent shall be determined in the same manner as the domicile and residency of an independent person; and
  13. (96) The domicile and residency of a dependent person whose parents are divorced, separated, or otherwise living apart shall be Kentucky if either parent is domiciled in and is a resident of Kentucky regardless of which parent has legal custody or is entitled to claim that person as a dependent pursuant to federal or Kentucky income tax provisions.
  14. If the parent or parents of a dependent person are Kentucky residents and are domiciled in Kentucky, but subsequently move from the state:
  15. The dependent person shall be considered a resident of Kentucky while in continuous enrollment at the degree level in which currently enrolled; and