Which state is my child a legal resident of? Military stationed out of state, and my wife and I have different residency.

Forum|Forum|3 years ago
January 8, 2023
3 replies
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I am active duty military stationed out of state.

My wife is not in the military, and she is a resident of a different state than me.

What state is my child a legal resident of (mine or my wife's), or do we get to decide?

Not A Product Question

Anonymous_

Employee

@Mike9241 may be able to answer your question. Stay tuned.

TomD8

Employee

Are you asking about residency for income tax purposes, or for some other purpose - such as residency for in-state tuition?

**Answers are correct to the best of my ability but do not constitute tax or legal advice.

DT1234Author

Asking about residency for tax purposes.

Mike9241

with whom does the child reside? residency, actually domicile, is the child's permanent home.

DT1234Author

My kids lives with both of us (me and my wife).

TomD8

Employee

Normally the domicile of a minor child follows that of the parents - or of the custodial parent, if the parents are separated.

The VBTA law of 2018 - which gives the spouses of active-duty military the option of filing taxes under either their own domicile state or that of their servicemember spouse - does not mention children, but I suspect the minor child of the servicemember would have the same option as the civilian spouse, if the child had to file their own tax return. (But I haven't been able to find an internet reference that supports that opinion.)

**Answers are correct to the best of my ability but do not constitute tax or legal advice.