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Domestic Relations Financial Affidavit

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holymolygeezzz

Guest
What is the name of your state? GA

When answering discoveries for opposing side, and filling out and DRFA -

if you are the NCP but you are remarried, do you include all debts and expenses of yourself and your spouse or just yourself (NCP)?

such as a car that was aquired after your new marriage but it is in the spouses name and such?

Thanks,
 


VeronicaGia

Senior Member
Simply include those debts you are liable for. For instance, if you are remarried, and your house payment is $500/month, and you are both legally liable for it, your expense is $250/month. If the car is solely in her name and you do not contribute to it, don't put it down.

Honestly, I don't know why they bother asking about all this because support is based on income anyway. They couldn't care less about your house payment, car payments, etc., and don't take it into account anyway.

Just make sure your expenses do not exceed your income or they'll suspect you're making things up.
 

stealth2

Under the Radar Member
VeronicaGia said:
Simply include those debts you are liable for. For instance, if you are remarried, and your house payment is $500/month, and you are both legally liable for it, your expense is $250/month.
You sure on this, VG? I ask because legally he is liable for the full $500, if current wifey doesn't feel like paying. And vice-versa.
 

denverb

Member
in minnesota, whenever i've filled out anything for child support and it has me list out my expenses i list out every single thing that is paid for by my household - whether it is mine, hers or ours. of course, there is a space where it asks if anyone else contributes to paying these bills. of course then i have to list my wife but because it asks this question i feel it is not inappropriate to list the full amounts for everything. there has never been any question or dispute with me doing it this way. maybe there is that option for you too? i've never filled out the exact form you're asking about just filed my own child support increase forms and then just filled out last week from dhs the forms because now the ex thinks she needs to raise it again even though nothing has changed. hopefully this will help you...
 

VeronicaGia

Senior Member
stealth2 said:
You sure on this, VG? I ask because legally he is liable for the full $500, if current wifey doesn't feel like paying. And vice-versa.
That's why I said if she is liable for it. For instance, the main mortgage on our home is in my DH's name only, simply because he bought the house before we were married. The home equity loan is in my name only. When he fills out I&E declarations, he includes the entire first mortgage, but nothing of the second.

Utilities are split, my car is my own, etc....
Edit:

I do not allow him to include me on his I&E. Meaning, my name, income and expenses are not listed.
 
H

holymolygeezzz

Guest
VG - what if the house was solely in NCP's name before remarriage but now after marriage and refinancing and such it is in wife's name only - not in NCP b/c credit got messed up after divorce?

And the car is solely in wife's name but we have a joint checking acct that we both contribute for to pay all bills. This is all very confusing.
 

VeronicaGia

Senior Member
Well, he would still have to pay rent no matter where he lives, so he should include 1/2 of the mortgate.

You are much better off NOT having a joint checking and savings account. If he gets behind on child support, the state is well within its right to seize the entire account. Keep separate accounts.

In my case, my car is mine. I pay for it, I pay the insurance, my DH doesn't drive it....it's mine. Other things like utilities, credit cards, etc are paid for by both of us from MY checking account. In fact, I make more than him, but he would still have standard bills one way or the other.

Just make copies of the I&E declaration. Do it a few times to make sure it's fair. Like I said, in the end, they don't really care because they're going to base support off income anyway. However, if it looks like he's paying out more than he's bringing in, it could upset the judge, making it look like he doesn't have a penny left over for support. That's when a judge is going to look at household income. Make sure the step parent, who is not subject to the court order, doesn't get mixed up in the income or expenses. Actually, if you wanted to, you could actually figure out by income who pays most of the bills, but that is a lot of work.
 

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