Maintaining KS Domicile While Full-Timing?

SnowGypsy · May 15, 2015

I realize that KS would not be a choice for many if any other than myself but in our case, I need to stay "attached" to KS since I have an adult son with Down syndrome and his services are set here while many states have very long waiting lists. My plan is to spend 7 months here volunteering at public parks with my son and leave during the winter months. Since not a lot is written about KS and full-timing, I am not sure where to start but will review what the state says regarding full-time resident versus part-time. If anyone is full-timing out of KS, I would appreciate any tips and advice. Thank you.

JRP · May 15, 2015

Since you are already a Kansas resident & domiciled there, and will continue to be in Ks for 7 months a year, with the intention to return and maintain Ks as your home state; there is very little you need to do. Primarily you will need to be careful not to spend more than a few months in any other state, do not establish any ongoing official contacts with any other state; and find a way to keep your official mail going to some one in Ks who can forward it when you are traveling.

One of the commonly accepted rules of domicile law is that your domicile doesn't change unless you take steps to establish a new one. You goal is to avoid any appearance or implication that you are establishing a domicile anywhere else. Just traveling outside Ks for approx. 5 months of the year wont hurt your status in Ks as long as you keep going back there for 7 months per year; and continue to pay Ks state tax, keep a Ks license and Ks vehicle registration/insurance, and Ks voter registration.

Kirk W · May 15, 2015

Since your profile shows that you RV in a pop-up, it then safe to assume that you will continue to have a stick home of some sort that also has a mailing address and can be used for vehicle registration, insurance, and your driving license? If that is the case then there is no reason for concern. If you plan to be free of any real estate property and upgrade the RV to live in it where ever you happen to be, then there may be a serious problem of a legal address. As a native of Kansas, I know that unless things have changed recently the state does not accept a mail service or PO box for those functions and I suspect that same is probably true for services for your son. If you have family who are willing, you might be able to use their address to keep those things but you do need for the person chosen to be reliable and willing. Because of your son's issues it might be wise to get better advice than we can give here.

Domicile is actually a legal issue as determined by our courts and most state laws address residency with no reference to domicile. I agree with what Jim has already said, so long as you find a way to keep an address that is acceptable by the Kansas agencies.

LindaH · May 15, 2015

Because of your son's issues it might be wise to get better advice than we can give here.

I would certainly agree with this! Because keeping Kansas as your domicile is so important for your son, I would seek legal advice.

You're biggest stumbling block...if you will not have a fixed abode of some kind (house, apartment)...is what will Kansas accept for an address? Perhaps the address of an RV park?

SnowGypsy · May 15, 2015

Thank you. No, I do not plan to keep a house and plan to upgrade from the pop-up. Because of some issues with the programs for my son in the state, I doubt that the department dealing with his services will give us much trouble. There is a long history which is why he is no longer going to the day programs. We only need to work this plan for 4 years until I reach retirement age. Why not wait the 4 years? Many reasons.

I'll be doing some research. I think it is better to keep a low profile. KS can't afford to lose 2 more citizens or the tax dollars they generate so that may work in my favor.

The eventual goal is to be in AZ as residents leaving KS far behind. I would then stay within AZ moving north and south with the weather. We were in AZ for 6 years in the 90s. If I have to, we'll simply relocate to AZ if KS has issues with our plan.

Kirk W · May 16, 2015

If I have to, we'll simply relocate to AZ if KS has issues with our plan.

Arizona is a state that I do know about and they do not accept a mail service as an address for registrations, insurance, or driving licenses. There are very few states that do so and that is one of the main reasons that so few states are really popular for fulltimer domicile. SD, TX, and FL all do so. If it has not changed, NV does as well and if you live in OR for six months or so, then you can do the same there. I believe that there may be one or two other states that will allow this but there are not many.

rmalikone · May 16, 2015

If u have another relative in KS, you can use use that address, still maintaining all legal items to that address - license, voters registration etc. You will need relative to forward mail, which may be a pain in the neck for them. My adult children can't say no, so I'm lucky that way.

SnowGypsy · May 16, 2015

Thanks. If in AZ, I would stay within the state just moving to the northern part during the heat of summer. Years ago, we wanted to move to FL when we caught Mickey Mouse fever, but the waiting list then, in the late 80s for people with DD was 8 years long and I have heard it is worse now. TX is off the list for as far as services for my son also, too many stories there. Very few people realize just how bad people like my son have it in the programs so he is with me for the distance. We'll work it out one way or another. Everything becomes just a bump in the road. Thanks again.

My only relatives are in MI (brother) and NC (son). KS is not where I am from.

Kirk W · May 16, 2015

TX is off the list for as far as services for my son also, too many stories there.

An interesting comment. I have two different friends here in TX that have Downs children and seem to live relatively problem free... One of my Kansas cousins also has a Downs child.

I suspect that if you base your choices on "stories" you can probably find bad ones about any state if you look for them. If it were my child I would contact the agency in any state I was considering and make my own investigations. But that is just free advice and worth all of what you paid for it.

jamtracy · May 16, 2015

Thanks. If in AZ, I would stay within the state just moving to the northern part during the heat of summer. Years ago, we wanted to move to FL when we caught Mickey Mouse fever, but the waiting list then, in the late 80s for people with DD was 8 years long and I have heard it is worse now. TX is off the list for as far as services for my son also, too many stories there. Very few people realize just how bad people like my son have it in the programs so he is with me for the distance. We'll work it out one way or another. Everything becomes just a bump in the road. Thanks again.

My only relatives are in MI (brother) and NC (son). KS is not where I am from.

Hello, We have a 30 year old daughter with Down's and we plan on her Full-timing with us. I sent you a PM.

James