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AR15.COM
6/8/2012 8:00:50 AM EDT


Does where you sleep at night matter as much as where you live on paper?
I ask this because we would like to have a second home that's no more than 6 minutes from my kids school but it's outside of the district. But if we keep our current home, keep all the paperwork, taxes, drivers license, registration etc at that address then can we be denied schooling in that district even though we don't spend the majority/any of our time there?



6/8/2012 8:05:38 AM EDT
[#1]
I believe it's actually based on taxes.  If you pay taxes on the home that is in the school district, then you should be okay.
6/8/2012 8:07:42 AM EDT
[#2]
Have a friend ask the school board for you and don't give any names.
6/8/2012 8:08:03 AM EDT
[#3]
This is not legal advice. Hire a lawyer. For everything. Every single time. Pay up front



No, you have to live there

6/8/2012 8:09:56 AM EDT
[#4]
This varies from state to state, even from district to district.  In Iowa you can open enroll your kids in another district, provided the district has room.  Don't know what New York laws are like. Proceed carefully.
6/8/2012 8:12:38 AM EDT
[#5]
To clarify:

Is your current home in the proper district to go to the school in question?  Is the second home closer to that school, but outside the district?  Will you be keeping both homes?  Will you rent out the first home to anyone, or keep them both as your "residences"?

If you keep them both and occupy them both, then I think you'll be fine to keep all your information as a permanent address for the current house.  Whether or not you sleep there is probably not important.  At its core, it is fraud to some degree...you know how a student uses his grandmother's address across town to get a specific school.  But in this case, you aren't using any address other than your own...so maybe it's not fraud.

Interesting question...a lawyer in your area could surely clear this up for you.
6/8/2012 8:12:57 AM EDT
[#6]
Quoted:
This is not legal advice. Hire a lawyer. For everything. Every single time. Pay up front

No, you have to live there


What exactly is a "niskayuna"?  my BIL lives near a road with that name.  

6/8/2012 8:15:10 AM EDT
[#7]



Quoted:



Quoted:

This is not legal advice. Hire a lawyer. For everything. Every single time. Pay up front



No, you have to live there





What exactly is a "niskayuna"?  my BIL lives near a road with that name.  



Indian for "Snooty suburb"





 
6/8/2012 8:16:06 AM EDT
[#8]
Quoted:

Quoted:
Quoted:
This is not legal advice. Hire a lawyer. For everything. Every single time. Pay up front

No, you have to live there


What exactly is a "niskayuna"?  my BIL lives near a road with that name.  

Indian for "Snooty suburb"

 







So you obviously are familiar with Loudonville?  
6/8/2012 8:17:43 AM EDT
[#9]



Quoted:



Quoted:







So you obviously are familiar with Loudonville?  


Yup. Lived in the area for a few years a long time ago.

 
6/8/2012 8:19:26 AM EDT
[#10]
Quoted:

Quoted:
Quoted:



So you obviously are familiar with Loudonville?  

Yup. Lived in the area for a few years a long time ago.  


I'm currently jonesing for a sandwich from Genoa.  A "Norm" to be precise.  

6/8/2012 8:19:36 AM EDT
[#11]
Quoted:
To clarify:

Is your current home in the proper district to go to the school in question?  Is the second home closer to that school, but outside the district?  Will you be keeping both homes?  Will you rent out the first home to anyone, or keep them both as your "residences"?

If you keep them both and occupy them both, then I think you'll be fine to keep all your information as a permanent address for the current house.  Whether or not you sleep there is probably not important.  At its core, it is fraud to some degree...you know how a student uses his grandmother's address across town to get a specific school.  But in this case, you aren't using any address other than your own...so maybe it's not fraud.

Interesting question...a lawyer in your area could surely clear this up for you.



Yes to everything except we're not sure about having someone live in our place or not, which is part of the reason for my question.
We can pay to have them go there for sure, in which case we'd want to generate revenue from our old place. My wife is a subsitute which, I know full time employees are allowed to have their kids go there for free, but I'm not sure about subs. I'm afriad to ask any questions to the district because once you open than can, it's open!




6/8/2012 8:21:07 AM EDT
[#12]



Quoted:



Quoted:




Quoted:


Quoted:







So you obviously are familiar with Loudonville?  


Yup. Lived in the area for a few years a long time ago.  




I'm currently jonesing for a sandwich from Genoa.  A "Norm" to be precise.  



Don't remember that place, twas a long time ago





 
6/8/2012 8:23:04 AM EDT
[#13]
Quoted:
This is not legal advice. Hire a lawyer. For everything. Every single time. Pay up front

No, you have to live there



Not what I was hoping for.
6/8/2012 8:23:22 AM EDT
[#14]
Quoted:
Quoted:
To clarify:

Is your current home in the proper district to go to the school in question?  Is the second home closer to that school, but outside the district?  Will you be keeping both homes?  Will you rent out the first home to anyone, or keep them both as your "residences"?

If you keep them both and occupy them both, then I think you'll be fine to keep all your information as a permanent address for the current house.  Whether or not you sleep there is probably not important.  At its core, it is fraud to some degree...you know how a student uses his grandmother's address across town to get a specific school.  But in this case, you aren't using any address other than your own...so maybe it's not fraud.

Interesting question...a lawyer in your area could surely clear this up for you.



Yes to everything except we're not sure about having someone live in our place or not, which is part of the reason for my question.
We can pay to have them go there for sure, in which case we'd want to generate revenue from our old place. My wife is a subsitute which, I know full time employees are allowed to have their kids go there for free, but I'm not sure about subs. I'm afriad to ask any questions to the district because once you open than can, it's open!






I think if you spend 365/2 +1 days in your current house, then that's a majority of the year, and for tax purposes, that place would count as your permanent residence.  However, if you start renting that place out to someone, I don't think you can still claim it as a residence.

This begs the question, what are you going to do with two houses in the same city?
6/8/2012 8:40:10 AM EDT
[#15]
I our neck of the woods, well to do folks will rent an apartment in a shady neighborhood, list it as their residence just so Jr. can play football for them.



No one officially seems to care and looking the other way is the norm.




YMMV
6/8/2012 9:09:58 AM EDT
[#16]
Quoted:
Quoted:
Quoted:
To clarify:

Is your current home in the proper district to go to the school in question?  Is the second home closer to that school, but outside the district?  Will you be keeping both homes?  Will you rent out the first home to anyone, or keep them both as your "residences"?

If you keep them both and occupy them both, then I think you'll be fine to keep all your information as a permanent address for the current house.  Whether or not you sleep there is probably not important.  At its core, it is fraud to some degree...you know how a student uses his grandmother's address across town to get a specific school.  But in this case, you aren't using any address other than your own...so maybe it's not fraud.

Interesting question...a lawyer in your area could surely clear this up for you.



Yes to everything except we're not sure about having someone live in our place or not, which is part of the reason for my question.
We can pay to have them go there for sure, in which case we'd want to generate revenue from our old place. My wife is a subsitute which, I know full time employees are allowed to have their kids go there for free, but I'm not sure about subs. I'm afriad to ask any questions to the district because once you open than can, it's open!






I think if you spend 365/2 +1 days in your current house, then that's a majority of the year, and for tax purposes, that place would count as your permanent residence.  However, if you start renting that place out to someone, I don't think you can still claim it as a residence.

This begs the question, what are you going to do with two houses in the same city?


We were going to sell the first house but when we found out what the "tuition" cost to stay in the district, it was more than the mortgage, ins, and taxes combined per year. So we thought we'd just keep it. Seems silly but.....
Otherwise the kids will have almost an hour bus ride in the other district, friends are already made, crying.....no good.




6/8/2012 9:11:18 AM EDT
[#17]
It's only an issue if you get caught.
6/8/2012 9:20:23 AM EDT
[#18]
Quoted:
It's only an issue if you get caught.


Yeah, I know, but it's beginning to sound like we need to either abandon the idea entirely or pay the man. I don't need the hassle.