AdamS wrote:

- quote -

Correct.

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On the "alimony paid" line on the front side of form 1040.
This is not a problem with a married/separate return.
However, state law may be. Some states consider alimony to
include post-separation but pre-divorce payments. [That's
why it's called "alimony or separate maintenance."] Watch
out: Child support doesn't count.

- quote -

Probably not. The children aren't living with you for the
majority of the time.

- quote -

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- quote -

Correct.

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I wouldn't suggest it then.

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MFS would be best. Besides it isn't alimony until you're
divorced, is it?

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Well, how is she going to file? You said she had no income
so why would she file? No EIC if she had no earned income.
I'm guessing, though I've never run into that situation,
that she wouldn't qualify for the child tax credit (no tax
withheld or due).

have you talked to a local tax pro about this? you should.

Carol

It's a cats world. I'm just here to open the cans.

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AdamS wrote:

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Correct, you were not single. Based on # 2, you are limited
to MFS.

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Divorce is not a requirement for deductible alimony. If your
payments meet the definition of Alimony, they are deductible
to you and taxable to her. See IRS Pub 504 starting on page
12 for the rules on alimony.
http://www.irs.gov/publications/index.html

- quote -

No, the child did not live with you for the requisite amount
of time.

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Lastly, as she is had physical custody of the children for
75% of the time, you will not be able to claim any
dependency exemptions for the children unless she releases
the exemption to you or already has done that in some formal
separation agreement. See page 10 in the above pub under
the category Noncustodial Parent to understand what is
required to obtain the exemptions.

--
Alan
http://taxtopics.net

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after paying a lot of my hard earned $$ to the wife, it is
now time start worrying about another one (UncleSam)...
Here's my situation:

Date of Separation: Feb 2004
Date of Divorce Decree grant: Feb 2005

Other Information:
------------------
- We have two minor kids out of the marriage and we share
joint custody. Kids spend 75% time with mother and 25%
with me.
- Mother has had no income of her own for 2004
- I paid Alimony and Child support for the entire year
2004 to the wife as I was the earning member

Questions:
----------
1. What would be my filing status for 2004. Since I was
still considered legally married as of Dec 31, 2004 I cannot
file as single, correct?

2. MFJ is not an option as the ex-wife is a nightmare and
does not want to come to any negotiation/discussion.

3. MFS - If I did this, then how would I claim the fact that
I have given her tons of money in Alimony? The moment I file
anything "married" I cannot say I've paid money to this same
spouse.

4. Can I claim HoH (Head of Household) eventhough she is not
willing to give me the form 8332 (release of exemption for
child)?

any insight will be greatly appreciated.

AdamS.

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