Beware of Inaccurate Financial Affidavits in Family Law Cases

Pursuant to Florida Family Rule 12.285, parties in any case where child support is an issue are required to file financial affidavits. The affidavit lists a party’s gross monthly income and net monthly income. Although a party may not knowingly under report income, there are many items that constitute income, under Florida law (Section 61.30(2)), and may not appear on a pay stub or w-2, and are often times omitted from the financial affidavit. These include business perks, housing paid for or supplied by another, car allowances, cell phone allowances, car / auto expenses, and entertainment expenses. In the case of a self employed party, in order to evaluate the accuracy of that person’s financial affidavit, it may be necessary to obtain the checking account records and / or accounting records of that person’s business. The evaluation of the financial affidavit(s) is a critical and essential step in determining the proper amount of child support that you will either be obligated to pay, or entitled to receive. For more information regarding child support, financial affidavits, or any other questions pertaining to family law, feel free to contact Scott A. Levine, P.A.

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