Like income, this part of the financial statement is a monthly snapshot of your finances. Many of these articles are simple. For example, the “residential rent payment” is the same for most people each month. Use the actual number. Many people`s mortgage payments, cell phone bills, child support payments from a previous relationship, car payments, and some other expenses fall into this category of “the same thing every month.” Section V “Information on Monthly Expenses” is an important section that you should complete as carefully as possible. Keep in mind that these monthly bills will be accepted for the future after the separation. Therefore, do not include (for example) the operating and insurance costs of a car for you and your spouse. Keep in mind which parent your children will live with when estimating the cost of utilities and food. For the “monthly payment,” it`s not clear whether you need to indicate the minimum payment required from a credit card statement, or if you need to use a higher number if you normally pay for it. If you`re not sure, it may be safer to list only the minimum payment required, as it won`t seem like you`re overstating your expenses. It really depends on your situation. A financial statement gives the court an overview of your monthly income and monthly expenses.

Both parties must file an affidavit (punishable by perjury) if child support, support, attorneys` fees or other financial matters are to be determined. This is sometimes the most important document that you and your lawyer will file in your entire case. The court will scrutinize the financial statements of both parties to assess the need for and ability to pay spousal support and other financial obligations. Accurate financial statements often say a lot about each party`s spending habits, lifestyles, and even credibility. If you have a lawyer, he or she will do this part for you. If not, you must enter the following in the correct places: county, plaintiff name, defendant name, circle, and file number. If you have received a complaint from the other side, you may be able to copy most of this information to the top of the first page of this document. As for the track, we can tell you that Charleston and Berkeley counties are on the 9th circuit. Dorchester is located on the 1st circuit. Colleton is on the 14th circuit.

If you`re in another county, this map should help you understand that. You must also enter your own name directly under the word “financial statement” at the top right. For any family court proceeding with alimony or attorney`s fees, and for most lawsuits involving child support or the enforcement of alimony, an accurate financial statement is the most important document in the family court practitioner`s arsenal. A financial statement requires a party to list current income, expenses, assets and liabilities under oath. An inaccurate financial statement can be devastating to his claim or defense. An incomplete or inaccurate financial statement may cause the court to deny a party legal protection, grant an incomplete remedy, or grant more remedies than would be warranted if the court had accurate financial statements. It is amazing how often financial statements are not filed when family court rules require it. It is frightening to see how many inaccurate or intentionally false financial statements continue to be submitted. It is not only the failure to file financial statements that has ruined many family court or defense claims; Failure of accurate archiving can be just as devastating. The footnotes on page five of the current financial reporting form, available here, explain how to complete a form. The first footnote indicates.

“An up-to-date pay slip should be attached to the financial statement.” I often see parties filing financial statements without the required joint proof of income, and almost as often I see the family court deny a remedy because that evidence has not been provided. These footnotes explain in more detail how to calculate net and gross income: the second line asks for overtime, tips, commissions and bonuses. This section can be very difficult, as these forms of wages are often inconsistent and will increase, decrease or disappear altogether in the future. In some cases, you may need to get these numbers on average over the past year, but depending on the situation, you may need to use a longer or shorter lead time. If you`ve recently noticed a salary increase that you plan to continue, you may want to form an average over a shorter period of time. If your job is somewhat seasonal, so some months are consistently better than others, a 12-month average may be better to get an accurate indicator of your average over the year. Use your common sense, make your best estimate, and choose a number that you could confidently explain to a judge if you ever had to. Listing income and expenses on pages one and two of the form is often the main factor in determining the amount of a maintenance grant. A party that is considered deliberately underestimated or overspending is often very dissatisfied with the resulting maintenance provision. For maintenance claims, solvency and maintenance needs are largely determined by comparing the income listed on the first page of the financial statement with the expenses listed on page two. A supportive spouse who underestimates expenses can get the court to rule that they do not need child support or less support. A spouse who supports and underestimates expenses may lead the court to determine that the spouse has a greater capacity to pay support than he or she actually does.

However, an exaggeration of expenses (or an undervaluation of income) can be even more devastating if the court finds that a supportive spouse inflated expenses or hidden income to inflate a support claim, or that a assisting spouse inflated expenses or hidden income to reduce a support claim. .