well as other relevant information shall be considered available at the time the determination is made:

  • 1. That the person has not 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
  • That 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
  • That 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.
  • An individual who enrolls at an institution immediately following graduation from high school and who remains enrolled shall be presumed to be a dependent person unless the contrary is evident from the information submitted.
  • Domicile may be inferred from the student's permanent address, parents' mailing address, or location of high school of graduation.
  • Marriage to an independent person domiciled in and who is a resident of Kentucky shall be considered by an institution in determining whether a student is dependent or independent.
  • 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 shall:
  • not be considered in establishing a student as independent; and
  • be a factor in establishing that a student is dependent.

Section 6: Effect of a Determination of Dependent or Independent Status on a Determination of Residency Status.

  1. The effect of a determination that a person is dependent shall be as follows:
  2. The domicile and residency of a dependent person shall be the same as either parents'. The domicile and residency of the parent shall be determined in the same manner as the domicile and residency of an independent person.
  3. 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 Kentucky income tax provisions. (c) 1. If the parent(s) of a dependent person are Kentucky residents and are domiciled in Kentucky but subsequently move from the state, the dependent person shall be considered a resident of Kentucky while in continuous enrollment at the degree level in which currently enrolled.

KSU CATALOGUE, 2004-2005

  1. If continuous enrollment is broken or the current degree level is completed, the dependent person's residency status shall be reassessed in light of the circumstances detailed in subparagraph 1 of this paragraph.
  2. 1. If the parent(s) of a dependent person are Kentucky residents and are domiciled in Kentucky but subsequently move from the state, the dependent person shall be considered a resident of Kentucky while in continuous enrollment at the degree level in which currently enrolled.
  3. If the sole parent or both parents of a dependent person move out of state, Kentucky domicile and residency, having been previously established, shall be retained until steps are taken to establish domicile and residency elsewhere.

Section 7: Member of Armed Forces of the United States, Spouse and Dependents; Effect on a Determination of Residency Status

  1. 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:
  2. During the time of active service; or
  3. If the member, spouse, or dependent returns to this state within six (6) months of the date of the member's discharge from active duty.
  4. A member, spouse or dependent of a member of the Armed Forces of the United States stationed in Kentucky on active military orders shall be considered a Kentucky resident while the member is on active duty in this state pursuant to those orders if the member is not:
  5. Stationed in Kentucky for the purpose of enrollment at an institution; or
  6. On temporary assignment of less than one (1) year.
  7. A member, spouse or dependent of a member, shall not lose Kentucky residency status if the member is thereafter 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.
  8. 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 sub-sections (1) and (2) of this section.