of residency status, an institution shall first determine whether a student is dependent or independent. This provision is predicated on the assumption that a dependent person lacks the financial ability to live independently of the person upon whom the student is dependent and therefore lacks the ability to form the requisite intent to establish domicile. A determination that a student is independent shall be one (1) step in the overall determination of whether a student is or is not a resident of Kentucky.

  1. In determining the dependent or independent status of a person, the following information shall be considered as well as other relevant information available at the time the determination is made:
  2. (a)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
  3. 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
  4. 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.
  5. 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.
  6. Domicile may be inferred from the student's permanent address, parent's mailing address, or location of high school of graduation.
  7. 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.
  8. 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:
  9. Shall not be considered in establishing a student as independent; and
  10. Shall be a factor in establishing that a student is dependent.
  11. Section 6. Effect of a Determination of Dependent Status on a Determination of Residency Status.
  12. The effect of a determination that a person is dependent shall be:
  13. 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
  14. 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
  15. 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.
  16. If the parent or parents of a dependent person are Kentucky residents and are domiciled in Kentucky but subsequently move from the state:
  17. The dependent person shall be considered a resident of Kentucky while in continuous enrollment at the degree level in which currently enrolled; and
  18. The dependent person's residency status shall be reassumed if continuous enrollment is broken or the current degree level is completed.
  19. Section 7. Member of Armed Forces of the United States, Spouse and Dependents; Effect on a Determination of Residency Status.
  20. A member, spouse, or dependent of a member whose domicile and residency was Kentucky at the time of induction into the Armed Forces of the United States, and who maintains Kentucky as home of record and permanent address, shall be entitled to Kentucky residency status:
  21. During the member's time of active service; or
  22. If the member returns to this state within six (6) months of the date of the member's discharge from active duty.
  23. (2)(a) A member of the armed services on active duty for more than thirty (30) days and who has a permanent duty station in Kentucky shall be classified as a Kentucky resident and shall be entitled to in-state tuition as shall the spouse or a dependent child of the member.
  24. A member, spouse, or dependent of a member shall not lose Kentucky residency status if the member is transferred on military orders while the member, spouse, or dependent requesting the status is in continuous enrollment at the degree level in which currently enrolled.

(3)(a) Membership in the National Guard or civilian employment at a military base alone shall not qualify a person for Kentucky residency status under the provisions of subsections (1) and (2) of this section. If a member of the Kentucky National Guard is on active duty status for a period of not less than thirty

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