The
first thing required in a Financial Affidavit is to list your income.
If you are employed and receive a paystub, this is fairly simple. The
Court requires a median of the past 13 weeks of your income. Overtime
must be included on your Affidavit. If your overtime is changes, be
sure to make a note of that on your Affidavit, but do not omit the
income. This could have great consequences.
The Affidavit is a median of your income over the past 13 weeks. This
includes a median of your Overtime for the past 13 weeks. If you
experience seasonal overtime only, be sure to make note of that on your
affidavit.
Overtime may be listed in Section 1.A with your hourly income or in
Section 1.B as separate from your hourly income so that you can clarify
between the two if you prefer. If
you receive an annual bonus, this must be listed on your financial
affidavit as income. The annual amount should be divided into a weekly
amount and listed in Section 1.B. If
you are paid in cash and do not pay taxes on your income, you must
still disclose your income on your Financial Affidavit. If you do not,
and it is discovered, you will be held liable and it could negatively
impact your case. If
you are unemployed, you list Zero as your income. However, you should
be prepared to show proof of your employment efforts. If you are
recently unemployed (within the last 13 weeks), you should list zero as
your current income. It would not be accurate to use a median as you no
longer have a weekly income.
If you are unemployed, and are unsuccessful in your employment efforts,
any financial assistance that you receive from friends and/or family
will be attributed to your income. For example, if someone else is
paying your rent, for your groceries and utilities, the Court will
determine that those gifts you are receiving are your income, and could
make a ruling accordingly. These types of income should be listed on your Affidavit. If
you are self-employed and do not issue yourself a paycheck regularly,
you should look to your deposits to determine your income. Your
business income, minus business expenses, is your income. You may look
to your previous year's 1040 filing and/or a more recent Profit and Loss
Statement.
Your business records may be subject to discovery in a family matter, so
an accurate reporting of income is a must. Be prepared to have
documents to support the income that you list on your Affidavit.1
I receive a Salary and a Paycheck
2
I work hourly and sometimes receive Overtime
3
I recieve an annual bonus
4
I recieve payment for my employment in cash
5
I am unemployed
6
I received unemployment, disability or social security
7
I am self-employed