The purpose of the Domestic
Relations Financial Affidavit is to summarize your individual current income,
assets, and expenses. It is used to ensure full financial disclosure and is
also used to determine any child support obligation. This is a standard form
used by the Court.
You can either type the information or hand-write it in.
The person completing the form is the “affiant” and the form
should reflect your individual current financial situation.
This
Domestic Relations Financial Affidavit will be made under oath; you are
swearing to tell the truth based on the information contained in the Affidavit.
After you complete the form, do not sign it until you are with a notary.
Try not to leave blank spaces on the form, if something is
not applicable enter “n/a” or “$0.00.”
The figures should be good-faith
numbers on your current finances. Use averages whenever possible, but if you are unsure, put in
estimates and note that it is an estimate. You will not be required to produce
individual bills for every item, however, be sure you can justify the amount
you enter. Note that the majority of the form asks for average monthly amounts.
Section 1
This
section asks for basic information. The
person completing the form is the “affiant.”
Section 2 - SUMMARY OF AFFIANT’S INCOME
AND NEEDS
Section 2 is a summary of the rest of the document, fill out
this section last; it is on the first page as a summary for the Court. Skip
this section until you form is fully completed.
Section 3 A - AFFIANT’S GROSS MONTHLY
INCOME
This
section is your current income. Fill-in dollar amounts on all areas where you
receive income. Then total all sources
of income to show your total gross monthly income. Be sure to attach two of your
most recent wage statements if you receive regular salary or wages.
Section 3 B- Affiant’s Net Monthly
Income from Employment
Use
your most current pay stub to calculate the state taxes, federal taxes, and
FICA which are deducted. Enter in your Net Monthly income deducting these taxes
only. You may have additional deductions taken from your pay, so make sure that
the net monthly income figure you provide does not include other deductions such
as: health, life, or disability insurance, parking, or retirement contributions.
Enter
how often you are paid, but remember that the figures above are all based on
monthly amounts.
Enter
in the number of tax exemptions you claim.
Section
4 – ASSETS
This
section asks for your specific assets. Next to the description, list the
approximate value using your best estimate.
You
do not need to enter your entire bank account number, but rather, list the bank
name and the last few numbers of your account.
Under
“Real Estate” and “Automobiles/Vehicles” once you enter in the full value of
the asset, enter in the “debt owed” directly underneath.
If
you claim or agree that the entire value is a non-marital asset, then entire
the entire amount under the column “Separate asset of the Husband” or “Separate
Asset of the Wife.” If you clam or agree that the value should be split, then
enter the amount to each party in the appropriate column.
In
the final column enter in the “basis of the claim.” For most uncontested
divorces which already have an agreement, then the basis of the claim is agreement.
Other appropriate claims for a separate asset include: pre-marital, gift,
inheritance, or source of funds.
Once you complete this section
summarize all the amounts and enter in “Total Assets.”
Section 5A –
AVERAGE MONTHLY EXPENSES
This section walks you through
all of the major Household, Automobile, Other Vehicles, Children, and Other
Expenses. Keep in mind that this section asks for monthly expenses, do your
best to ensure that you average out your expenses for this section.
These expenses are the bills you
currently pay at your current residence, not shared bills. You should assume
that that your spouse does not live with you and you should not include their
expenses in this section.
The section marked “CHILDREN’S
EXPENSES” applies to all children under eighteen (18) years of age living with
you.
The section marked “OTHER
INSURANCE” has two lines for each type of insurance. Directly next to the first
line, for example “Health,” list your expense for healthcare, and on the second
line “Child(ren)’s portion” enter in just the amount you pay for your child’s
health insurance. This line should be the amount paid to cover the children’s
portion only. You may need to contact your Human Resources Department or check
your benefits to see what portion of your insurance fee is for your insurance and
what amount is for your child’s coverage. Enter in those separate amounts in
this section.
Once you complete this section total
all the amounts and enter in “TOTAL ABOVE EXPENSES.”
Section 5 B –
PAYMENTS TO CREDITORS
This
section asks for all other expenses not
listed above. This may include student loans, car payments, monthly credit
card payments, and other money you owe. Enter in the Creditor’s name, the full
balance due, the monthly payment (even if you are not paying the full monthly
amount owed), and check the box next to who is responsible for this payment.
Once you complete this section total
all the monthly payment amounts and enter in “TOTAL MONTHLY PAYMENTS TO
CREDITORS.”
Section 5 C – TOTAL
MONTHLY EXPENSES
Add
the total monthly expenses above in 5A “TOTAL ABOVE EXPENSES” to 5B “TOTAL
MONTHLY PAYMENTS TO CREDITORS” and enter in the line for “TOTAL MONTHLY
EXPENSES.”
Section 2 - SUMMARY OF AFFIANT’S INCOME
AND NEEDS
Once sections 3-5 are completed, go back to page one and
complete section 2 with the summaries from the rest of the document. Be sure
each line is completed.
Remember
to have your final completed form signed in-front of a notary.
This
form can be cumbersome and frustrating, so be sure to take your time and ask
questions along the way. Contact the office today at 770.466.2700 or Christine@Bechtold-Law.com
with any questions you have about the form.