Haw. Code R. § 20-4-9 - Special Circumstances
(a) The resident
status of every adult shall be established by the person's own acts and
intentions and shall not be derived from any other person, except as
specifically provided otherwise in this chapter.
(b) The residence of an unemancipated minor
shall be the residence of the parent who claims the minor as a dependent for
tax purposes, regardless of the minor's primary abode. If both parents are
deceased, the residence of the unemancipated minor remains that of the last
parent to die until changed by court order. Upon court appointment of a
guardian for the minor, the residence of the minor shall become that of the
guardian.
(c) A nonresident
unemancipated minor attending an institution of higher learning outside of
Hawaii or on active duty with the United States armed forces, whose parents
become residents of Hawaii and who reaches majority before the minor would
derive residency in Hawaii from the parents' new status, may be classified as a
resident for tuition purposes when the parents have completed twelve
consecutive months of residence; provided that the classification shall be lost
if actions inconsistent with resident status are taken after leaving the
institution or discharge from the military (e.g., failure to promptly make a
home in Hawaii).
(d) If an
unemancipated minor's parents lose their Hawaii residence, the minor shall be
classified as a nonresident at the next residency determination date; provided
if the parents' change of residence is due to obedience to active-duty military
orders, the minor student shall continue to pay resident tuition as long as the
minor continuously attends the University full time.
(e) An emancipated minor shall be considered
an adult for purposes of residence under this section. The following shall
constitute evidence of emancipation, no one of which shall be controlling:
(1) Self-supporting.
(2) Subsistence not provided by parents or
legal guardian.
(3) Prior military
service.
(4) Other evidence of
residence enumerated under section
20-4-7.
(5) Any other conduct inconsistent with
parental control and custody.
(f) A student shall be allowed to base
residency on that of someone other than the parent or legal guardian, provided
the relationship between the student and the person or persons other than the
parent or legal guardian is that of hanai.
(g) An alien may establish residence to the
extent permitted by the Immigration & Nationality Act. The date of approval
of such status shall be the earliest date upon which the twelve-month residency
requirement may begin to accrue.
(h) Service in the armed forces of the United
States shall not of itself negate establishment of residence in Hawaii. For
instance, a nonresident servicemember whose last duty station is in Hawaii and
who does all other things necessary to establish bona fide residence in Hawaii,
may be classified as a resident. In addition, a person who establishes
residence in Hawaii but who enters the military service prior to the expiration
of the twelve months from the date of establishment may tack the period of
military service onto the former period to satisfy the twelve-month
criteria.
Notes
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