An Alimony/Child Support Affidavit is a legal document that is used to provide evidence of the amount of alimony or child support payments that are owed by one party to another. It typically includes information such as the name of the paying party, the amount of the payments, and the date on which the payments are due. The affidavit is usually signed by both parties and notarized. There are two types of Alimony/Child Support Affidavits: a voluntary Alimony/Child Support Affidavit, which is an agreement between the parties, and a court-ordered Alimony/Child Support Affidavit, which is issued by a judge. Both types of affidavits provide evidence to be used in court in the event of a dispute or non-payment.
Alimony/Child Support Affidavit
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Description
An Affidavit is a sworn, written statement of facts, signed by the 'affiant' (the person making the statement) before a notary public or other official witness. The affiant swears to the truth and accuracy of the statement contained in the affidavit.
Definition and meaning
The Alimony/Child Support Affidavit is a legal document used to declare an individual's entitlement to receive alimony or child support. It outlines the details of the financial support being sought, whether it is currently being received, and the circumstances surrounding it.
How to complete a form
To complete the Alimony/Child Support Affidavit, follow these steps:
- Fill in your name and the date at the top of the form.
- Specify the type of support you are applying for in the designated fields.
- Attach any required documentation that verifies the support due, such as court orders or payment statements.
- Check the appropriate boxes that apply to your situation regarding the receipt of support.
- Sign and date the affidavit at the bottom, ensuring it is notarized if necessary.
Who should use this form
This affidavit is intended for individuals who are seeking alimony or child support, whether they are currently receiving it or not. It's applicable to those involved in divorce proceedings, child custody arrangements, or other legal agreements that dictate financial support obligations.
What documents you may need alongside this one
When submitting the Alimony/Child Support Affidavit, it is important to include the following documents to support your claim:
- Statement from the courthouse detailing any orders related to support.
- Public assistance statements as proof of need.
- Copies of your divorce decree if applicable.
- Verification from the child enforcement agency.
- Copies of recent pay stubs that demonstrate income.
- Affidavit from the payee if one exists.
What to expect during notarization or witnessing
During the notarization process, you will need to provide a valid form of identification to the notary public. The notary will verify your identity, witness your signature, and then apply their seal to the affidavit. This ensures that the document is legally binding. Be prepared to sign the form in the presence of the notary, who may require you to affirm that the information provided is true to the best of your knowledge.
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FAQ
This is mandatory and cannot be waived, even if you have no property, no debts, no income or anything to divide. There are two affidavits: < $50,000 gross income (LESS THAN $50,000) and > $50,000 gross income (MORE THAN $50,000.00).
The purpose of the financial affidavit is to determine the income, assets, liabilities, and expenses of each party, including any expenses for minor children the parties have in common or minor children from prior relationships.
You must file your financial affidavit for divorce in Florida with the court and serve it on your spouse within 45 days of being served with the divorce petition.
The requirement that each party file a completed Financial Affidavit cannot be waived and the Affidavit must be filed.
(Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet, MUST be filed with the court at or prior to a hearing to establish or modify child support. This requirement cannot be waived by the parties.)
Be sure that your financial affidavit is notarized before filing it with the Court, as the statute requires the document be sworn.
You must file a Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), and the other parent will be required to do the same.