Friday, January 11, 2013

Affidavit of Financial Information

The Affidavit of Financial Information is a very important form if you are seeking spousal maintenance and/or child support. This form is particularly important if seeking spousal maintenance. Here is a link to the form:
http://www.azcourts.gov/selfservicecenter/SelfServiceForms/ArizonaFamilyLawProcedure.aspx

The amount you receive in spousal maintenance is based in large part on the standard of living you maintained during the marriage. The way to convey this standard of living to the court is to put it in the affidavit and be able to support every number. When you are completing sections 6 and 7 of this form it is imperative that you do not guess. You must go back through your financial records for the 6-12 months prior  to the end of your marriage and add up the numbers. Add up what you spent on groceries for the time period then take an average. Do the same for each of the categories. If you regularly spend money on certain things for which there are no categories, make a category.

If you have a hearing or trial on the issue of support you will be questioned by the other attorney about how you calculated the numbers in your affidavit. Your affidavit is stronger and less refutable if you can tell the court that you reviewed your bank and credit card statements, past receipts, Quicken and other financial records to complete the affidavit.

In section 6, you are asked to put in a number for the cost of health insurance. This number should just be the amount for your children. This means that you need to obtain a copy of the benefits cost form from the employer of whichever parent carries the insurance. In some instances, when children are added to insurance it is merely an additional fee. If you review the cost sheet and determine this to be the case, the additional fee is the amount that should be put in section 6. Other times, it is one sum for an employee and an entirely new lump sum amount for an employee + dependents. If this is the case, the difference between the cost for employee + dependents and the cost for the employee is the number that belongs in section 6.

And remember...

While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.