Qualified Individuals to Petition
If you are younger than 22 years old and depend on your parents for financial support, you are an unemancipated minor. Unemancipated minors must qualify for resident tuition through their parents or court-appointed legal guardians.
As an unemancipated minor, you qualify for resident tuition if either of your parents, regardless of custody, has been domiciled in Colorado for the one year prior to the first day of the term, even if you reside elsewhere.
You are a qualified individual and eligible to establish domicile separate from your parents if, at the beginning of the 12-month domicile year, you were:
- 22 years of age or older
- A graduate student
Emancipated Minor Student Petitioner
You are an emancipated minor if:
- you are less than 22 years old and
- your parents have entirely surrendered the right to your care, custody, and earnings and
- they are no longer under any duty to support you and
- they have made no provision for your support.
You must be emancipated before you can establish a domicile separate from the domicile of you parents. This means that your parents cannot provide financial support of any nature for any ordinary or necessary expense. Parental support includes but is not limited to:
- loans (including PLUS loans) that you depend on for financial support.
- Trust funds or other assets established by your parents before the one-year domicile period are regarded as evidence of nonemancipation if the funds or assets were intended, or could reasonably have been expected, to provide support for the period you claim to be emancipated.
Loans co-signed by parents may be considered evidence of parental support. Minors must provide documentation of any such loan agreements.
You may be covered under your parents’ health and automobile insurance if coverage does not require that you be a dependent and if you pay all costs, such as additional premiums and deductibles, associated with your coverage.
Your parents may claim you as a dependent for tax purposes if emancipation commences after the beginning of that year. For example, you would be judged emancipated as of August if your parents cease support at that time, even though they claim you as a dependent for that year. They cannot claim you as a dependent for following years.
If you are an emancipated minor granted resident status, you are subject to reclassification as non-resident if your parents resume support.
If you wish to claim emancipated status, you must prove that you are completely self-supporting and financially independent from your parents. The Tuition Classification Petition provides space for you to show all expenses and how those expenses have been met. The burden is placed solely upon you to prove emancipation to the satisfaction of the Tuition Classification Officer.
Court-Appointed Legal Guardian Petitioner
You may qualify for resident tuition through the domicile of a Colorado guardian only if your guardian has legal custody as defined by Colorado Revised Statutes §19-1-103(73).
- The court appointing the guardianship must certify that the primary purpose of the appointment is not to qualify the student for resident tuition.
- The court must also certify that your parents do not provide substantial financial support.
- The guardianship must be in effect for at least one year.
- Parentally signed Power of Attorney does not qualify as legal guardianship.