The first thing required in a Financial Affidavit is to list your income. If you are employed and receive a paystub, this is fairly simple. The Court requires a median of the past 13 weeks of your income.
I work hourly and sometimes receive Overtime
Overtime must be included on your Affidavit. If your overtime is changes, be sure to make a note of that on your Affidavit, but do not omit the income. This could have great consequences.
The Affidavit is a median of your income over the past 13 weeks. This includes a median of your Overtime for the past 13 weeks. If you experience seasonal overtime only, be sure to make note of that on your affidavit.
Overtime may be listed in Section 1.A with your hourly income or in Section 1.B as separate from your hourly income so that you can clarify between the two if you prefer.
I recieve an annual bonus
If you receive an annual bonus, this must be listed on your financial affidavit as income. The annual amount should be divided into a weekly amount and listed in Section 1.B.
I recieve payment for my employment in cash
If you are paid in cash and do not pay taxes on your income, you must still disclose your income on your Financial Affidavit. If you do not, and it is discovered, you will be held liable and it could negatively impact your case.
I am unemployed
If you are unemployed, you list Zero as your income. However, you should be prepared to show proof of your employment efforts. If you are recently unemployed (within the last 13 weeks), you should list zero as your current income. It would not be accurate to use a median as you no longer have a weekly income.
If you are unemployed, and are unsuccessful in your employment efforts, any financial assistance that you receive from friends and/or family will be attributed to your income. For example, if someone else is paying your rent, for your groceries and utilities, the Court will determine that those gifts you are receiving are your income, and could make a ruling accordingly.
I received unemployment, disability or social security
These types of income should be listed on your Affidavit.
I am self-employed
If you are self-employed and do not issue yourself a paycheck regularly, you should look to your deposits to determine your income. Your business income, minus business expenses, is your income. You may look to your previous year's 1040 filing and/or a more recent Profit and Loss Statement.
Your business records may be subject to discovery in a family matter, so an accurate reporting of income is a must. Be prepared to have documents to support the income that you list on your Affidavit.
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