How to Write an Affidavit for Proof of Child Support
Get proof of your income., Find your copy of your parenting plan., Obtain bank statements for each individual or joint bank account that you have., Find your checkbook., Take out your copies of other support orders., Get the affidavit form., Insert...
Step-by-Step Guide
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Step 1: Get proof of your income.
Show the judge how much you make each year.
Gather documents which show your income: weekly or monthly pay stubs copies of your most recent three years of tax returns proof of self-employment income if appropriate -
Step 2: Find your copy of your parenting plan.
Tell the court how much time you plan to spend with the child(ren).
Generally the more time you spend with the child, the less you need to give the other parent in child support.
You should find your copy of the parenting plan if you've drafted one.
Otherwise, agree in principle to a plan, and put it in writing over both of your signatures for the court to review. , For example, obtain statements for the following accounts: checking savings credit union accounts certificates of deposit , You will need to report the amount you spend on your children for things like health insurance, day care, and/or education.
Confirm these expenses by getting out your checkbook or looking at how much you have debited each month for them.
Most states aren’t interested in how much you spend on your rent or food. , You might be paying child support or alimony to another ex-spouse.
The judge will consider existing support orders when imposing a new one.
Go through your papers and find your current support orders.
If you can’t find copies of existing support orders, get fresh copies by contacting the earlier court.
You'll pay a small fee. , Every state should have the financial affidavit form you need to fill out.
You can get this form from the clerk of the court.
You can also check on the court’s website.
Many courts publish forms you can download and complete. , Most forms ask for identifying personal information.
Include all requested information.
If something doesn’t apply to you, just write “N/A” (“not applicable”).
Your personal information typically includes: name home address mailing address work and home phone numbers date of birth driver’s license number Social Security number names of the schools you have attended your case number , Some affidavits will request that you identify all of your children and include related information.
You may be asked for the following: full names of your children each child’s date of birth whom the child lives with whether you have previously been ordered to pay child support and how much , The main purpose of the form is to determine your income.
Report all sources.
List the following: name and contact information for your employer the date you began employment number of hours you work each week your hourly wage or salary how often you get paid your monthly gross income, including bonuses, tips, and commissions your annual gross income , If you're not employed, explain the reason to the judge.
Typical reasons include: you are disabled you were laid off you are a full-time student you are in prison , The judge will want to know about all your sources of income and how much you get from them each month.
You may also have to show when you first started earning money from each of these sources.
Report these sources of income: spousal support (alimony) pension disability retirement rental properties veterans' benefits workers’ compensation public assistance private disability insurance interest or dividends non-cash benefits from an employer , There should be a place on the affidavit for you to describe child-care expenses.
Show how you and the other parent currently divide those expenses.
For example, you will probably have to list the following: daycare charges and how they're split between parents your average monthly expenses for child care whether you get a subsidy for daycare , Report how much you spend on health care for the child.
These expenses can include health insurance premiums, as well as any out-of-pocket expenditures.
For example, you may be asked for the following: name of your health insurance company effective date of coverage ongoing medical expenses for the child (e.g., your child is disabled) total cost of your health insurance premium the percentage of the premium that covers your children , Check the affidavit to see if you have to sign it in front of a notary public.
If you do, provide the notary with appropriate identification.
A valid driver’s license or passport should be sufficient.
You can find notaries at most large banks or courthouses.
You could also use the locator on the American Society of Notaries website.
Enter your zip code and find a notary near you. , Read your affidavit carefully.
It may tell you that you need to attach documents to support the information listed in the affidavit.
For example, you may need to attach pay stubs for the past three months or copies of your federal income tax returns. , If you have questions about child support, schedule a consultation with an attorney.
Only a qualified lawyer can be relied on for proper advice.
To get a referral, contact your local or state bar association. , You should keep a copy of all court documents for your records.
Photocopy the affidavit and supporting attachments, and store your copies in a safe place.
If you have to provide a copy of your affidavit to the other parent, make an additional copy. , You should file the affidavit whenever you file your pleading in court (i.e., your petition or answer).
It will be an attachment to the pleading itself.
Remember to include the supporting documentation.
Because court documents are public, your financial affidavit will be made public.
In some courts you can keep your financial information private if you file a cover sheet requesting that the information be kept confidential.
Check with the court clerk to see if there's anything else you have to do to protect your information. -
Step 3: Obtain bank statements for each individual or joint bank account that you have.
-
Step 4: Find your checkbook.
-
Step 5: Take out your copies of other support orders.
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Step 6: Get the affidavit form.
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Step 7: Insert your personal information.
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Step 8: Identify all of your children.
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Step 9: Complete the employment information.
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Step 10: Explain unemployment.
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Step 11: Identify other income sources.
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Step 12: Report your child-care expenses.
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Step 13: Include information about health care.
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Step 14: Sign in front of a notary.
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Step 15: Attach required documents.
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Step 16: Meet with a lawyer.
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Step 17: Make a copy of the completed affidavit.
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Step 18: File your affidavit.
Detailed Guide
Show the judge how much you make each year.
Gather documents which show your income: weekly or monthly pay stubs copies of your most recent three years of tax returns proof of self-employment income if appropriate
Tell the court how much time you plan to spend with the child(ren).
Generally the more time you spend with the child, the less you need to give the other parent in child support.
You should find your copy of the parenting plan if you've drafted one.
Otherwise, agree in principle to a plan, and put it in writing over both of your signatures for the court to review. , For example, obtain statements for the following accounts: checking savings credit union accounts certificates of deposit , You will need to report the amount you spend on your children for things like health insurance, day care, and/or education.
Confirm these expenses by getting out your checkbook or looking at how much you have debited each month for them.
Most states aren’t interested in how much you spend on your rent or food. , You might be paying child support or alimony to another ex-spouse.
The judge will consider existing support orders when imposing a new one.
Go through your papers and find your current support orders.
If you can’t find copies of existing support orders, get fresh copies by contacting the earlier court.
You'll pay a small fee. , Every state should have the financial affidavit form you need to fill out.
You can get this form from the clerk of the court.
You can also check on the court’s website.
Many courts publish forms you can download and complete. , Most forms ask for identifying personal information.
Include all requested information.
If something doesn’t apply to you, just write “N/A” (“not applicable”).
Your personal information typically includes: name home address mailing address work and home phone numbers date of birth driver’s license number Social Security number names of the schools you have attended your case number , Some affidavits will request that you identify all of your children and include related information.
You may be asked for the following: full names of your children each child’s date of birth whom the child lives with whether you have previously been ordered to pay child support and how much , The main purpose of the form is to determine your income.
Report all sources.
List the following: name and contact information for your employer the date you began employment number of hours you work each week your hourly wage or salary how often you get paid your monthly gross income, including bonuses, tips, and commissions your annual gross income , If you're not employed, explain the reason to the judge.
Typical reasons include: you are disabled you were laid off you are a full-time student you are in prison , The judge will want to know about all your sources of income and how much you get from them each month.
You may also have to show when you first started earning money from each of these sources.
Report these sources of income: spousal support (alimony) pension disability retirement rental properties veterans' benefits workers’ compensation public assistance private disability insurance interest or dividends non-cash benefits from an employer , There should be a place on the affidavit for you to describe child-care expenses.
Show how you and the other parent currently divide those expenses.
For example, you will probably have to list the following: daycare charges and how they're split between parents your average monthly expenses for child care whether you get a subsidy for daycare , Report how much you spend on health care for the child.
These expenses can include health insurance premiums, as well as any out-of-pocket expenditures.
For example, you may be asked for the following: name of your health insurance company effective date of coverage ongoing medical expenses for the child (e.g., your child is disabled) total cost of your health insurance premium the percentage of the premium that covers your children , Check the affidavit to see if you have to sign it in front of a notary public.
If you do, provide the notary with appropriate identification.
A valid driver’s license or passport should be sufficient.
You can find notaries at most large banks or courthouses.
You could also use the locator on the American Society of Notaries website.
Enter your zip code and find a notary near you. , Read your affidavit carefully.
It may tell you that you need to attach documents to support the information listed in the affidavit.
For example, you may need to attach pay stubs for the past three months or copies of your federal income tax returns. , If you have questions about child support, schedule a consultation with an attorney.
Only a qualified lawyer can be relied on for proper advice.
To get a referral, contact your local or state bar association. , You should keep a copy of all court documents for your records.
Photocopy the affidavit and supporting attachments, and store your copies in a safe place.
If you have to provide a copy of your affidavit to the other parent, make an additional copy. , You should file the affidavit whenever you file your pleading in court (i.e., your petition or answer).
It will be an attachment to the pleading itself.
Remember to include the supporting documentation.
Because court documents are public, your financial affidavit will be made public.
In some courts you can keep your financial information private if you file a cover sheet requesting that the information be kept confidential.
Check with the court clerk to see if there's anything else you have to do to protect your information.
About the Author
Frances Parker
Enthusiastic about teaching hobbies techniques through clear, step-by-step guides.
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