Texas Financial Affidavit for Child Support
The Financial Affidavit is a very important document. It will be used regardless of whether you proceed with a separation agreement, mediation agreement, or through the court system. It is a statement of your financial expenses on the date of separation and your current financial expenses, and it is set out every month. It is often long-form, and it varies from jurisdiction to jurisdiction. This information can help you fill out any financial form, but it specifically reflects the Harris County, Texas Financial Affidavit. Regardless of your form, you must take the time to fill it out as accurately as possible.
How To Get Started
1. Before you begin the affidavit, gather as much information as you can, including;
- Check registers for the past 2 years
- Mortgage or rent statements
- Tax information
- Credit card statements for at least the past 12 months
- Utility bills for each of the past 12 to 24 month
- Statements for debts paid monthly
- Copies of funds are automatically withdrawn from your account
- Daycare expenses, summer camp expenses
- A printout from your doctors and pharmacies showing expenses for the past 12 to 24 months
- Any computer records such as Quicken or Bank on Line program
2. Sit down in a place where you can spread out and refer to the documents you have and where you won’t be interrupted. Place the documents into the categories on the affidavit. Make a list of what the credit card purchases were for (gas, clothes, food, etc.).
3. Have a calculator next to you.
4. If you do not understand the form or would like assistance filling it out, call your attorney’s office and make an appointment to meet with the paralegal. Make sure you have all your documents available. If you do not have documents for any category, you must use your best estimate based on your good faith belief in the actual costs.
5. Some of your expenses, such as gifts or child care, may be higher at one time of the year (such as Christmas, Hanukkah, or daily summer camp). You should add up the total spent over the year and divide this number by 12.
Categories of Expenses
1. Regular Recurring Expenses – should not be broken down into amounts used by each household member unless some of the expenses are for a person not a party to the action or a child for whom a duty of support is not owed. In that case, the amount should be adjusted for the percentage falling on the other party (if there are two people, cut the rent in half; if you have two children and there is one other person in the home, you plus the children would claim 75% of the expense)
2. Individual Monthly Expenses – The individual expenses category has a comprehensive list of enumerated classifications. Also, it includes the “catchall” other category and columns for individual monthly expenses for any child(ren). While some categories are obvious, such as how much you spend on clothing for yourself and how much for the children, some are less obvious, such as “vacation” and “entertainment.” In these categories, determine what amount of your entertainment is done just for you (such as going out socially) how much is done just for the children (such as sports activities), and how much is for a family event (such as going to a movie together or going to the beach) and distribute the cost proportionately to each person.
3. Debts – The last category on the Financial Affidavit form requests a list of dates of separation and present debts. Remember to include all debts, even if your spouse is currently paying them, and note that you are not currently paying this debt. Please also note if a debt has been discharged in bankruptcy, written off, or rolled over to another card or into another debt. Debts include real estate (mortgage), Vehicle (s), debts, loans, credit cards, taxes, judgments, attorney fees, etc. Please provide a written statement stating the date of separation and present debt.
What Will the Court or Opposing Party Do with this Information?
The court will try to reduce these expenses to a monthly flow of financial information, comparing your monthly needs with those of the other party and any changes that have occurred since the date of separation. The basic formula for determining cash flow is income minus expenses, taking into account any assets that may not be income-producing but will incur a liability to a party nonetheless. To be able to prove these expenses, you must provide documentation, including the expenses for the last twelve months. While a financial award is based on the parties’ standard of living for the last few years of the marriage, it is often not possible to maintain that standard. Regardless of whether you expect to pay or receive support, you will need to be able to show your expenses several different times, including:
- the standard during the last year of the marriage, based on actual receipts;
- the expenses as of the date you will proceed to court, based on actual after-separation expenses and
- A good faith estimate on projected expenses (for instance, the party stays with parents until there is certainty as to the amount of alimony to be awarded, until the house sells, or some other factor).
Understanding Texas-Specific Guidelines
In Texas, child support calculations are generally based on a percentage of the non-custodial parent’s net income, which is why your Financial Affidavit is so crucial. Understanding the guidelines specific to Texas will help ensure that your affidavit aligns with what the court will be reviewing. For instance, Texas courts may consider your basic income and additional factors such as healthcare costs, childcare expenses, and educational expenses. Knowing these guidelines in advance can help you better prepare your affidavit.
Frequently Asked Questions (FAQs)
1. What if I don’t have all the documents needed?
If you can’t locate certain documents, try to provide your best estimate based on past expenditures. You can also request copies of missing statements from your bank or other financial institutions.
2. How do I account for fluctuating expenses?
For expenses that vary throughout the year, like school supplies or seasonal activities, calculate the total annual expense and divide by 12 to get a monthly average.
3. What if my financial situation changes after submitting the affidavit?
If your financial situation changes significantly after you’ve submitted your affidavit, it’s important to inform the court as soon as possible. You may need to file an amended affidavit to reflect these changes.
4. Can I include future anticipated expenses?
Yes, especially if these expenses, such as upcoming medical procedures or planned educational costs, will likely impact your financial situation. Make sure to document these thoroughly.
Tips for Single Moms
As a single mom, managing finances can be particularly challenging. When filling out your Financial Affidavit, consider the following tips:
- Leverage Community Resources: Texas offers several community resources to assist with childcare, food, and even legal help. Utilize these resources to reduce your monthly expenses and reflect these savings in your affidavit.
- Budgeting for Unpredictable Expenses: It’s common for single moms to face unexpected costs. Ensure your budget includes a small cushion for emergencies so that your financial affidavit reflects a realistic picture of your situation.
- Organize Regularly: Keep your financial documents organized throughout the year to make affidavit preparation easier. Setting aside time each month to update your records will save you a lot of stress when submitting your affidavit.
Key Considerations for Harris County Residents
If you’re a resident of Harris County, you may want to take note of specific local court practices. For instance, Harris County courts may request more detailed documentation on certain expenses, especially if there is a dispute. Understanding these local practices will help you be better prepared and can potentially speed up the process.
Legal Aid and Support Services
Navigating the child support process can be overwhelming, especially if you do it alone. Texas has several legal aid organizations that support moms who may be unable to afford private legal representation. These organizations can help with everything from filling out your Financial Affidavit to representing you in court. Consider reaching out to:
- Texas RioGrande Legal Aid
- Lone Star Legal Aid
- Houston Volunteer Lawyers Program
These organizations can offer guidance and support, ensuring that you are not alone in this process.
By including these sections, the post would provide comprehensive support to Texas moms, helping them navigate the often-complicated process of filling out a Financial Affidavit for Child Support.
One Final Word
You should be as realistic and complete as possible. If you are too extreme in setting expenses, the court will tend to disbelieve the entire affidavit. While most people live beyond their means, a disproportionately large budget not supported by either an explanation or a large amount of debt is suspect.
Do your best to be accurate. After you have the information, filling out the form should not be long. If you find it overwhelming or do not have the time to go through the information and complete the form, or if you have any questions or need assistance, our office staff is more than willing to sit down with you to complete this information.