Thursday, June 21, 2012


FYI-Flint Divorce Bankruptcy Attorney Terry R. Bankert 235-1970,  asks DID YOU KNOW?.From Creative .Nuts and Bolts Tax Tips for Divorces with Children
By Mary V. Ade, Stout Risius Ross, Southfield

A. How Do I Qualify to File as Head of Household
In general, you must meet all the following requirements to file as head of household.
  1. You are unmarried or “considered unmarried” on the last day of the year.
  2. You paid more than half the cost of keeping up a home for the year.
  3. Your home was the main home of your child for more than half the year.
  4. You must be able to claim an exemption for the child. However, you meet this test if you cannot claim the exemption only because you waived the right to claim the child pursuant to your divorce decree.
This is a physical presence test and cannot be negotiated between the parties. If the parties have more than one child, both parties may claim head of household status if each has at least one child more than 50% of the time.
B. What if My Ex and I Have the Child an Equal Amount of Time?
If the child lived with each parent the same amount of time during the year, the parent with the higher adjusted gross income has the right to the head of household filing status.
C. Who Claims the Exemptions for Our Children?
In most cases, a child of divorced or separated parents will qualify as a dependent of the custodial parent under the rules for a qualifying child. However, the noncustodial parent may be able to claim the exemption for the child if the special rule (discussed next) applies.
  1. Special rule for divorced or separated parents. A child will be treated as the qualifying child or qualifying relative of his or her noncustodial parent if all of the following apply.
    1. The parents:
      1. Are divorced or legally separated under a decree of divorce or separate maintenance,
      2. Are separated under a written separation agreement, or
      3. Lived apart at all times during the last 6 months of the year.
    2. The child received over half of his or her support for the year from the parents.
    3. The child is in the custody of one or both parents for more than half of the year.
    4. The custodial parent signs a written declaration, discussed later, that he or she will not claim the child as a dependent for the year, and the noncustodial parent attaches this written declaration to his or her return.
  2. If the parents divorced or separated during the year and the child lived with both parents before the separation, the custodial parent is the one with whom the child lived for the greater part of the rest of the year.
  3. ExampleUnder the terms of your divorce, your child lived with you for 10 months of the year. The child lived with your former spouse for the other 2 months. You are considered the custodial parent.
  4. Written declaration The custodial parent must use either Form 8332 (Exhibit A) to make the written declaration to release the exemption to the noncustodial parent. The noncustodial parent must attach the form or statement to his or her tax return.The exemption can be released for 1 year, for a number of specified years (for example, alternate years), or for all future years, as specified in the declaration. If the exemption is released for more than 1 year, the original release must be attached to the return of the noncustodial parent for the first year, and a copy must be attached for each later year.
D. I Am the Custodial Parent - Can I Revoke a Prior Release of the Exemption?
For tax years beginning after July 2, 2008 (the 2009 calendar year for most tax payers), new rules apply to allow the custodial parent to revoke a release of claim to exemption that was previously released to the noncustodial parent on Form 8332 or similar form. The revocation is effective no earlier than the tax year beginning in the calendar year following the calendar year in which the custodial parent provides, or makes reasonable efforts to provide, the noncustodial parent with written notice of the revocation. Therefore, if the custodial parent provides notice of revocation to the noncustodial parent in 2009, the earliest tax year the revocation can be effective is the tax year beginning in 2010. You can use Part III of Form 8332 for this purpose. You must attaché a copy of the revocation to your return for each year you claim the child as a dependent as a result of the revocation.
If the divorce or separation agreement went into effect after 1984 and before 2009, the noncustodial parent can still attach certain pages from the decree of agreement instead of Form 8332. For any decree or agreement executed after 2008, Form 8332 or similar form must be used.
Caveat: If the revocation is in violation of a decree or judgment, the noncustodial parent will have recourse in court to enforce the judgment.
E. Who Can Take the Child Tax Credit, the Credit for Child Care Expenses, the Exclusion for Dependent Care Benefits, and the Earned Income Credit?
If a child is treated as the qualifying child of the noncustodial parent, the noncustodial parent can claim an exemption and the child tax credit for the child.
The following tax benefits are available only to the custodial parent:
  1. Head of Household filing status
  2. Credit for Child and Dependent Care Expenses on form 2441 (Exhibit B)
  3. Exclusion for Dependent Care Benefits on form 2441 (Exhibit B)
  4. Earned Income Credit on Form 1040 Schedule EIC (Exhibit C)
These tax benefits are available to the custodial parent even if the custodial parent waives the right to the exemption for the child.
F. I Am Going to Remain in the Marital Home Until My Youngest Child Graduates from High School - When the Home Is Sold, Can My Ex and I Both Claim A $250,000 Exclusion from Gain?
A home must be owned and used be as a principal residence by the taxpayer for two (2) out of the five (5) years preceding the sale. In the above examples, the husband retained an ownership interest in the home but would not necessarily satisfy the use requirement absent a special provision. Internal Revenue Code Section 121 provides that the use of the home by the former spouse is attributed to the other spouse, if specifically provided for in the judgment or settlement agreement.

Sunday, March 21, 2010

Privatley Mediate

An option to avoid the scrutiny that a Divorce for instance between Sandra Bullock and Jesse James would cause is Private Mediation. It can work for them it could work for you. Terry Bankert is a Flint Divorce Lawyer is also a certified, practicing Family Court Mediator.

Consider privately Mediating instead of Publicly Litigating.
High asset divorces are easy to settle. Just ask the King of All Media, Howard Stern.[1]
There are not many people in the world with the kind of money and fame that Howard Stern enjoys and yet when he and his wife divorced, they used divorce mediation. He is not just the King of All Media, he is the king of peaceful and fair divorce. There must have been a chorus of voices urging him to hire the most aggressive divorce lawyer in town so that he could protect his assets and yet he knew the best way to keep the most money was to avoid divorce lawyers. He and his wife Allison had a discrete, fast and fair divorce because they chose not to make it a media circus by engaging in divorce mediation rather than litigation. [1]
The mediation usually begins with a joint session in which each party is encouraged to present a brief statement of its case and reasons for its position. Clients are encouraged to talk and to vent their concerns. Brainstorming of solutions and suggestions for resolution are often exchanged. It is not intended to be a confrontational or argumentative session. It is an opportunity for the parties and counsel to address each other to hear their respective positions. The mediator’s role is to facilitate this discussion, to ask thought-provoking and clarifying questions, and to aid the parties in narrowing the issues in the dispute. There may also be a joint discussion and review of all of the possible settlement strengths and weaknesses and risks and rewards of avoiding, commencing and/or remaining in the litigation process.
There is usually a narrowing of issues during these private sessions. It is also the time when many new issues rise to the surface. Underlying concerns or issues not previously revealed in the joint session are identified and evaluated. The mediator may shuttle from party to party, discussing issues and engaging in reality testing of a party’s particular positions. Generally, discussions center on potential weaknesses of a particular legal argument, the costs of litigation, the potential negative publicity, the emotional value of closure if settlement is reached, and the best and worst alternatives to a negotiated settlement.
Whether through use of joint session or caucus, settlement offers are usually exchanged in a series of offers and counteroffers in an effort to reach full and final resolution. Sometimes they are exchanged in joint sessions; in other cases, the mediator works with each party and counsel on the offer and counteroffers in a series of separate caucuses. Offers can be drafted and composed by a party with or without the suggestion or input of the mediator. The whole point of the exercise is to assist each party in stepping back, reevaluating positions, and exploring the benefits and risks of settlement.
Mediation is useful where confidentiality of result and process is important. It is particularly helpful when an ongoing relationship between parties is worth preserving (e.g., in family,)It provides a risk-free forum for risk-averse parties and eliminates the uncertainties of a court-controlled outcome. It is useful in highly emotional cases in which parties need to express emotions or when communications have broken down.

Posted Here by
Terry Bankert


Sunday, October 12, 2008


Just think about all the time you spend meeting, courting, getting to know your spouse.The investment of time and energy in meeting family and friends. The emotional investment in planning and performing the marriage. The dreams of stability and family. We expect marriage to be permanent. Divorce changes everything our relationships with children , family and friends. Divorcing or saying to your self you want to Dump My Souse (dumpmyspouse) is the beginning of a new path in your life.ENDING A MARRIAGEDivorce may bet the only option. But unless it is simply and uncontested this ending of romance and partnership will emotionally impact both spouses.Divorce is the process of getting into court to end a partnership. Divorcing is an emotional process of healing and building your self up emotionally.WHO IS TERRY BANKERT?Our marking though these key words and concepts allows us to bring a message to you.Terry Bankert is a Flint Divorce Lawyer attorney. His practice issues involve Child custody, child support, fathers and mothers parenting times. The parents should attempt to cooperate. He is described as a Flint attorney, Genesee County lawyer, Clio attorney, Burton lawyer, Davidson attorney, Flushing lawyer, military divorce attorney, Flint lawyer, Michigan attorney, Flint alimony, Flint fathers rights, Flint mothers rights.Often the emotions of the parents takes the emotional hurt to the children. Please do all you can to keep your hurt from the children. Bankert also represents parents in several other issue areas. They are; Flint grandparents rights, Flint paternity attorney ,Flint Child visitation Lawyer, Bankert is a Flint spousal support attorney , one of the Flint lawyers, or Flint attorneys, he handles Flint guardianship,he prectices exclusively in Flint family court.Often people in divorce only look at their own emotions. We should also consider , Flint childrens rights, and Flint parents rights.There are ways to settle your issues privately through Flint mediation and Flint collaborative law. Once an order is entered you may need help getting what is yours. You can ask for Flint child support collection, Flint divorce judgement enforcement, and Flint judgement changes. Some divorces have few issues not resolved by the parties. You may have a Flint uncontested divorce , and you may agree on Flint child support payment. Call and ask about Flint simple divorce, at our Flint Law Firm, law.Bankert practices Law in the court rooms of Judge Duncan Beagle, Judge Michael Theile, Judge David Newblatt, Judge John Gadola, Judge Robert E. Weiss. Terry Bankert can be found by googling his name terrybankert or , attorneybankert , Bankert can also be found at the internet sites, findlaw, lawyers com, dumpmyspouse, terrybankert blogspot.The Emotional Process of DivorceMany feel a predictable range of emotions through the divorce process. These emotions range from denial, rage, futility, rebuilding, hope and building for the future.You attorney will tell you the process stages of divorce. But what are the emotional stages? Know you are not alone. 50% of the population divorces. It may help for you to know the emotional stages of divorce and how most people emotionally react. What then are the emotional steps of divorce?GENERALLY1.facing the reality of the divorce2.working through painful feelings3.experiencing the full range of emotions associated with the breakdown of a marriage4.coping with the situational and lifestyle changes resulting from loss5.adapting to the change, and reconfiguring lifeA."Shock and Disbelief" begins as soon as the idea of a separation and divorce is introduced and sinks in. It involves four major tasks and issues to be worked through.Facing realitySelf esteem and inadequacyTelling the worldSupport and helpB. "Initial Adjustment" involves the ability of people to actively adapt to this new phase of their lives. The primary goal of this stage is adaptation and mustering the personal resources needed to manage the many emotional and practical changes faced by people during this phase of their divorce work, and tasks include:Functioning and responsibilityPractical realityLegal MattersManaging emotionsC. "Active Re-organization" centers around how people live their lives and cope with the tasks of being suddenly single. Major tasks to be dealt with and worked through include:Managing life style and practical affairsRe-defining relationshipsReconstructing personal values and beliefsConcluding legal proceduresD. "Life Re-formation" represents the final steps as readers pass through to the "other" side of their divorce. During this stage people deal with the emotional issues and life choices involved as they move on with their lives.Constructing relationshipsNew interestsPersonal responsibilityAccepting your new lifeSO HOW DO YOU HANDLE DIVORCE" Shock and disbelief typically passes the most quickly. It's the quick hit, and sometimes numbing shock wave, as people realize their marriage is over. Follow your heart, create a support group but be concerned about your children. Your "Initial Adjustment" and " Active Re-organization" are the most active times for you this includes the legal divorce process active legal, practical, and emotional changes in your life. The final process " life Re - formation" stage represents that time in life during which husband and wife are moving far away from their divorce, and into their new life. This time has no formal "end," and is marked by the full acceptance of the divorce and a resolution of most of the practical issues and many of the emotional.You are not in this alone.SourceRich,Phil Ed.D., MSW at Divorce from Divorce

Monday, September 22, 2008