Is a financial affidavit required more often than very three years? Ex spouse filed to modify eight weeks after we signed and agreed to a child support amount which was then also signed by the judge. Is just part one required (income ) or must I compute all expenses like the cable bill, the home maintenance, auto payments, food, etc. It is such a complicated calculation, I don’t think its required in every state. There is no request for deviation, so why must I list everything from cable bill, bill for home maintenance, electric bill, clothing, entertainment, recreation. Its actually not possible to calculate who ate which slice of pizza and who was responsible for the septic tank getting backed up and emptied, who broke the dining room chair. It seems like an undue burden on the custodial parent to even try to calculate all of these items (if there is no request for deviation). Is it all really necessary and where are the instruction how to calculate with a new spouse in the house?
A financial affidavit is not always required. Your ex-spouse must be able to prove that a substantial change in circumstances affecting the wellbeing of the minor child(ren) has occurred since the entry of the current order, which may be difficult to do after only 8 weeks has passed since the entry of the child support order.
Regardless, a financial affidavit is not as necessary if both parents are within the Child Support Guidelines. The parents are within the Guidelines if their combined annual gross income does not exceed $360,000 ($30,000/month).
However, if your county’s local rules require a financial affidavit, then you should complete and serve on as required. Do your best to estimate your current monthly expenses. It would not be possible to backout the expenses attributable to a new spouse in a shared home, and it would to be too detailed, if not impossible, to calculate specific expenses only attributable to you.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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