An affidavit is a type of document that states facts and other information that may be used in an upcoming trial. It is often filed under oath and may be important for the outcome of the case. A child support affidavit is a written statement or declaration that a person swears to under oath declaring that they do not receive child support. The affidavit also is used to provide information about his or her income and expenses related to raising the child. Child support affidavits will also provide information about other payments, income and related expenses when creating or modifying child support awards.
In a child support case, a child support affidavit may also be used to help determine child support needs. This can also occur in other related settings such as a divorce or separation case where child support is also addressed in the proceedings.
Child support affidavits need to be drafted to provide information and statements verifying a child support amount calculation. You will need your financial information to fill out the form, including:
- Pay stubs;
- Recent bills you have paid;
- Recent bills you have not paid;
- Checkbooks with account balance; and
- Bank account statements.
After you fill out the affidavit form, take it to a notary, a lawyer, or the court clerk. You will have to swear under oath that the information you wrote on the form is true. Then you will sign it and that person will sign as your witness. Once it is signed, make 3 copies and give a copy to the appropriate party.
The income section of the affidavit is the most important part. Almost all states require proof of their income, including recent pay stubs and tax returns. If you are self-employed, you have to provide your business tax returns and any other proof of your income. If you are unemployed, you have to provide copies of your unemployment checks.
Child support affidavits may contain information and statements that will be helpful in confirming a child support amount calculation. This may include:
- Names and contact information of the parents;
- Stated income and earnings of each parent;
- Various statements regarding assets and estate property;
- Information concerning the child’s needs;
- Expense calculations and estimates;
- Other information depending on the exact situation; and/or
- Details about medical expenses for him and his children.
There may be different types of child support affidavits. These all depend on the type of proceeding involved, as well as the child’s and parent’s needs. Some different types of child support affidavits may include:
- Affidavit requesting child support;
- Affidavit to modify a child support order; or
- Affidavit for termination of child support.
Thus, each affidavit may be different depending on the needs involved at the moment. In some cases, an affidavit may be referred to when considering other requests as well.
Child custody affidavits are important because they contain statements that may be used in court. If you need legal assistance with a child support affidavit, you may wish to contact a child support lawyer in your area. Your lawyer can help you finalize a child support affidavit, and can help you obtain a formal order from the court.