If your Georgia case involves money, you and your spouse both have to swear out a financial affidavit.
When the Affidavit Is Required
Uniform Superior Court Rule 24.2 requires a domestic relations financial affidavit in any action for temporary or permanent child support, alimony, equitable division of property, modification of child support or alimony, or attorney’s fees. Both parties serve one on the other. It is not something only the spouse asking for money has to do.
There is one common exception. Where a case is filed with a complete separation agreement or a consent order resolving every issue except the divorce itself, the parties do not have to serve financial affidavits unless the court orders it.
What Goes In It
The affidavit must be under oath and must follow, in substance, the form printed in the rule. That form asks for your age, the date of marriage, the date of separation, and the children by year of birth. It then asks for your gross monthly income, your assets, your average monthly expenses, your insurance, and your payments to creditors. You sign it in front of a notary.
Rule 24.2 also limits what reaches the public file. Only the last four digits of Social Security numbers, tax identification numbers, and financial account numbers belong in it, and birth dates are given by year alone.
Why the Court Wants It
In Tibbs v. Tibbs, 257 Ga. 370 (1987), the Georgia Supreme Court said the purpose of the rule is “to provide the trier of fact, judge or jury, with an organized summary of the contentions of each side regarding the financial status of the parties.” So fill it out carefully. It is sworn testimony, and you can be cross-examined on it.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!