What is the purpose of the Domestic Relations Financial Affidavit in Clayton County?
The Domestic Relations Financial Affidavit serves as a comprehensive document that outlines an individual's financial status in cases involving divorce, child support, and other domestic relations issues within Clayton County. It details income, expenses, assets, and liabilities, providing the court with a clear picture of the financial circumstances of the parties involved.
How should I fill out the income section of the affidavit?
For the income section, you must accurately report all sources of income on a monthly basis. This includes but is not limited to salary or wages (attach your two most recent wage statements), commissions, bonuses, self-employment income (after expenses), rental income, and any other income such as pensions, social security benefits, and alimony from other cases. Importantly, all income should be reported as a monthly average, and documentation for certain types such as wage statements or a detailed account of self-employment calculations should be attached.
What expenses need to be detailed in the affidavit?
Your average monthly expenses for yourself and your household are required. This covers a wide range of living expenses including mortgage or rent, utility bills, grocery items, healthcare costs not covered by insurance, child care, educational costs for children, vehicle expenses, and personal expenses such as clothing and entertainment. Each expense should be carefully evaluated and entered as accurately as possible.
How do I list assets and liabilities in the affidavit?
Assets should include everything of value you own, such as cash, bank accounts, real estate, vehicles, furniture, jewelry, and retirement accounts. Each asset must be listed with its current value, and if you claim a portion of an asset to be non-marital, you should specify the amount and basis (e.g., pre-marital, inheritance). Similarly, list all liabilities, including mortgages and vehicle loans, to provide a complete financial picture.
Is it necessary to distinguish between marital and non-marital assets?
Yes, distinguishing between marital and non-marital assets is crucial in domestic relations cases. If you claim that any part of an asset is non-marital, you must list it under the appropriate column and explain the basis for your claim (e.g., it was a pre-marital asset or inherited). This helps in the fair division of assets.
Should I include the financial information of my spouse?
While the form primarily focuses on your financial information, details relating to shared assets, liabilities, or expenses (e.g., mortgages or loans where both spouses are responsible) should be included. If you have access to your spouse’s financial information that is relevant to any joint assets or liabilities, it should be accurately reported.
What documentation is necessary to support the entries on the affidavit?
Documentation such as the two most recent wage statements, tax returns, calculations for self-employment income, rental income calculations, and statements for any assets listed (bank statements, retirement account statements, etc.) can support the figures reported. It’s important to attach any such documentation to verify your income and asset claims.
Can I amend the affidavit if my financial situation changes?
Yes, if there are significant changes to your financial situation after you have filed the affidavit, you can file an amended affidavit. This could include changes in employment, income, expenses, or asset values. It’s important to keep the affidavit updated to reflect your current financial circumstances accurately.
Where and how do I submit the completed affidavit?
The completed affidavit should be filed with the Clerk of the Superior Court of Clayton County. It can be submitted in person or, in some instances, electronically, depending on the court’s current procedures. Ensure that all required documentation is attached and that the affidavit is signed before submission.