JediSkipdogg wrote:Thanks sod and makes a lot of sense. One followup though, you say obtaining a driver's license can be a change of residency, but it's not a guarantee? Am I reading that correctly. So even if one says obtains a license in North Carolina, they can still be considered an Ohio resident? Their "being in the military" can override all other thoughts when it comes to determining true residency?
Well, "guarantee" is perhaps the wrong characterization. Basically, this will come down to what the Service Member wants the outcome to be. For example, if the SM wants to stay a resident of Ohio, but obtained a N. Carolina driver's license while stationed at Ft. Bragg, then they would say that such an act did not constitute evidence of their intent to change their state of legal residency. In contrast, if Ohio wanted to assert some sort of control over the SM while they were outside the state, they might reply that obtaining a N.C. driver's license was evidence of their intent to change their state of legal residency. That would likely not be enough, but it would be a start. The best way for an S.M. to change their state of legal residency is to start filing (and paying) taxes in the new state along with some other measure such as registering to vote, etc.
To understand this particular provision of the SCRA, you have to go back in history and see why it was enacted. In essence, certain states with large military populations were attempting to assert taxing and other powers over active duty members on the basis that their presence (and domicile) gave them the authority. For example, a citizen of Texas (or any other state without personal income tax) would not want to have to pay Ohio taxes simply because they were stationed here. Obviously, the service members argued that they should not be forced into citizenship of a "foreign" state simply by virtue of military orders. As such, the Feds stepped in and so now we have this additional protection. Ultimately, it's better characterized as a protection, and not a guarantee or additional "right".