When the Court needs to write an alimony statement, the judge needs to get detailed information from both parties first. The parties to the divorce may be asked to file financial affidavits disclosing various aspects of their monetary situations. This form will be used to determine both temporary and permanent alimony and child support.
If you are asked to fill out one of these forms, keep in mind that your figures need to be accurate. Since it's an affidavit, you will be swearing that the contents are true.
Your Standard of Living While Married
When the judge is asked to write an alimony statement, he or she will need to consider the type of lifestyle the couple had during the marriage. This will be factored in when deciding how much alimony, if any, will be awarded to a dependent spouse.
Sometimes, the best way to get to a clear picture is to hire a forensic accountant to go through all the records to advise the Court about how the couple managed their money during the marriage.
The first step in the process is to have the forensic accountant review financial records and statements. These will include all expenses relating to housing, vehicles, and personal needs. The couple's income from all sources is taken into consideration, along with any expenses that are paid through a business one or both spouses own.
The final statement will document where the money came from while the couple was married and where it went.
Write Alimony Statement: Financial Affidavits
The financial affidavit must be filled in carefully. The form may ask for weekly expenses. If you pay a particular bill once a month, divide that figure by four to get the right amount.
You will need to list your income from all sources, including all jobs you currently hold, welfare, food stamps, child support, and alimony paid by a former spouse.
The next thing you need to list on your financial affidavit is all of your weekly expenses, including:
- Mortgage or rental payments
- Property taxes
- Transportation costs
- Health and life insurance premiums
- Child support and alimony payments you are making (if applicable)
- Child care expenses
- Personal expenses
Your personal expenses would include anything not covered in the other categories listed on the form, such as:
- Hair cuts
- Video rentals
If your expenses are higher than your weekly income, this is an indication that you may need alimony from your former spouse.
In this portion of the form, list all the companies and individuals you currently owe money to. If you are making monthly payments, divide what you owe by four to get your weekly payment and include it on the financial affidavit.
Anything of value that you (or you and your spouse own) needs to be included as well. This would include your house and/or vacation home, less the amount of any mortgage or lien against the property. Your car would be listed in the same way.
In addition, you will be asked to list your jewelry, furs, or antiques as well. You will also need to list any boats or motorcycles you own.
The balance in your bank account, as well as any stocks, mutual funds, or bonds you own must be listed. If you own an insurance policy that has a cash value, then you need to include it as well.
Your pension plan is also an asset; list the value as of the day you are completing the financial affidavit.
Once the form is completed, sign it in front of your attorney or a notary public. It will need to be submitted to the Court so that an alimony statement can be written, if appropriate.