Filing Married But Separate

[mauricetill]

What is the name of your state? Maryland

I don't want to file with my wife this year, because the divorce process has gotten nasty. This year I paid the mortgage and my daughter's private school. What does filing married but separate consist of, what can I claim and not claim. If she claim our daughter, can I claim my mother, the house and private school?

 

[abezon]

With whom is your daughter living & did you live with your wife at all after June 30, 2005?

 

[mauricetill]

No we separated in 7 Sep 04 and my child lived with her because after we separated I got orders to go overseas, but I am still paying the mortgage and my daughter's school, until we get this settled because she won't pay half.

 

[abezon]

If she won't file jointly, your only option is to file married separate. You can itemize & claim all the mortgage interest & property taxes, along with other itemized deductions. Since things are not overly friendly right now, I suggest you get a court order allowing you to claim your daughter as a dependent.

If you paid over 1/2 of your mother's support and mom's income was under $3200 (not including social security or tax-free interest), you can claim mom as a dependent. You cannot file head of household.

You get no education credits or deductions for your daughter's school.

Alternatively, you can see about getting a decree of separation before 12/31/05. If you get it (or a decree fo divorce), you can file as single or head of household. The separation decree should specify who gets to claim the child as a dependent. Only your wife can claim her for EIC.

 

[mauricetill]

Thank you that was very helpful. Does it matter if my mother is on disability $480 a month.

 

[abezon]

Is it taxable disability or social security disability? If it's taxable disability, mom's income was over $3200 & you can't claim her as a dependent.