Dave,
A DD-2058 was never filed on her behalf. It was never filled out for her when we lived in FL or when we moved to NY. What I’m really concerned with is the New York State Pandemic Unemployment Assistance. I’d imagine as a Florida resident she wasn’t eligible to apply for any NY State Aid. For that reason, since 2020 I’ve been claiming her as a NY resident. She has NY income. I do not. My question was more-so if there was any reason she has to keep claiming NY. I’d imagine applying for NY Aid, forced her to become a New York resident. To clarify, for our first 3 tax years back in NY, she had NY income and I claimed her as a nonresident and we got all of her taxes back from NY. For the last 3 years however (since she claimed the NY State Pandemic Unemployment Assistance), I’ve claimed her as a NY resident. Is there a timing requirement for how long she has to claim NY, before requalifying as a FL resident? I don’t want to raise any red flags, and Id imagine being granted $35,000 from New York, only to switch back to being a Florida Resident 3 years later might raise some questions; despite the fact that Florida is indeed, the place we will be returning too when I retire. If she lost her right to claim Florida as her home of record due to claiming New York State benefits, I understand. I’m just confused about what rights she had with the MSRRA. Thanks again.
