Family Law Financial Affidavits

Support, Alimony & Family Law Financial Affidavits

One type of legal document frequently used in family law is called an “affidavit.” An affidavit is a written statement that you sign under oath, swearing that the written statement is true. When child support and/or alimony are issues a couple faces in the breakup of their marriage, an Affidavit of Financial Standing (“financial affidavit”) is required by the Court to be filed by both parties to the action.  If child support is the sole financial issue and a deviation is not requested, the affidavit need only contain information regarding income from all sources, work related day care costs, and health insurance costs.  In cases of self employment, many counties require a profit and loss statement or some other schedule of business income and expenses.  A party’s monthly personal expenses are not filled out in the affidavit unless the party has requested a child support deviation, alimony is the sole financial issue, or alimony and child support are both at issue.

Whichever form a party is filling out, the short form or long form, the party must supply supporting documents.  The required documents may be slightly different in the various judicial districts.  They usually require more from self-employed parties and those seeking or defending alimony.  The requirements of Mecklenburg County are as follows:

1)      Hourly and salaried employees to establish Child Support:

  • Latest three (3) months worth of paystubs
  • Paystubs showing bonuses and commissions year-to-date
  • Two (2) most recent years’ tax returns including all income forms and schedules
  • Latest three months’ worth of work related daycare costs
  • Costs and payment of subject child(ren)’s health insurance

2)     For modification of support and in establishment cases for self-employed persons/business owners:

  • Street address of any owned real property
  • Documentation of all income from all sources including paystubs, employee benefits statements, stock options, Schedules C, and the like
  • Latest three (3) months bank statements
  • List of debts with supporting documentation
  • Two (2) most recent tax returns with all end of year documentation and schedules
  • Personal financial statements, loan applications in the past two (2) years
  • Latest three months’ worth of work related daycare costs
  • Costs and payment of subject child(ren)’s health insurance

3)     For Alimony Cases:  All documents listed in #2 above, less daycare costs and health insurance costs.

Income means “gross income from all sources.”  It’s amazing how many affidavits the family law attorneys and paralegals at Weaver, Bennett & Bland, P.A. see from opposing parties every week that list an income amount, but when matched against the paystubs and bank records, the listed amount is low; the party calculating incorrectly (weekly pay times 2 when he is paid every other week, which is really weekly pay times 2.15) or “forgetting” that she makes regular overtime or commissions.

When completing the monthly expenses, it’s best to use a twelve (12) month average since some expenses are seasonal in nature such as electricity which is usually greater in summer, and natural gas which is usually greater in winter.

Whether you’re seeking support or alimony, or you’re defending support or alimony, the family law attorneys at Weaver, Bennett and Bland. P.A. can assist you in filing a complete and credible financial affidavit and examine the opposing affidavit to determine its accuracy.

William G. Whittaker is a partner and family law attorney at Weaver, Bennett & Bland, P.A. Contact William at Weaver, Bennett & Bland, P.A. at (704) 844-1400. The information contained in this article is general in nature and not to be taken as legal advice nor to establish an attorney-client relationship between the reader and William G. Whittaker or the law firm of Weaver, Bennett & Bland, P.A.

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Trusted since 1982, Weaver, Bennett & Bland, P.A. serves clients in North Carolina and South Carolina. Located in the town of Matthews between Mecklenburg and Union Counties in North Carolina, we’ve proudly provided legal services throughout Charlotte, Matthews, Mint Hill, Stallings, Indian Trail, Monroe, Marvin, Wesley Chapel, Weddington, Waxhaw, the Ballantyne area, and other surrounding communities in the Greater Charlotte region.  Our clients range from national corporations and major banking institutions to individuals and local companies.  We provide the best possible legal representation and advocacy, upholding our main client-focused cornerstones:  Helping. Planning. Protecting.