We are separated and for 6 months I paid child support and my wife's mortgage where I used to live with her and our two kids. Can I claim the $8,000 in mortgage as alimony?=========>it depends;
I know child support is not tax deductible but alimony is. =>>Correct.
She has no income to pay taxes on and is claiming one of our two kids. She has already filed separately and says it's illegal for me to claim her had a dependant. => Not really but it depends read below plz.
1. Can I file paying her mortgage as alimony in my taxes?==>>In general,
You may deduct as alimony any mortgage payments, home insurance premiums and real estate taxes you pay on a home owned by your ex-spouse. That's because those payments are for your ex-spouse's benefit. Your ex-spouse must report the payments as income/alimony on her return.
Your ex-spouse is entitled to the tax deductions for mortgage loan interest and real estate taxes, even though you actually paid those expenses.
2. Can I claim her as a dependant since she has no income or taxes to pay?==.UNLESS you file your return as MFS, no. spouse can not another spouse as his/her dependent on his/her return. you can claim the personal exemption for your spouse without filing a joint return aslongas You are filing a separate return (that is, you are not filing a joint return with your spouse);Your spouse has zero gross income for the year;Your spouse does not file a tax return for the year; andYour spouse is not a dependent of another person, regardless of whether the other person actually claims your spouse as a dependent.
Filing a separate return means that you are using either the married filing separate status or the head of the household status because the person meets the definition of being considered unmarried for the year