New York Family Court Financial Disclosure Affidavits

Financial disclosure affidavits are forms that are required to be filled out by each parent in a Family Court child support case. A copy of the financial disclosure affidavit is located on the Family Court website. Attorneys like Daniel Szalkiewicz and Cali Madia can help you navigate a financial disclosure affidavit.

What is a Financial Disclosure Affidavit?

A financial disclosure affidavit is a sworn statement that discloses how much a parent makes and spends.

A financial disclosure affidavit is a sworn statement. It must be completed with truthful and accurate information.

The court uses the financial disclosure affidavit to understand a parent’s financial circumstances. It includes a parent’s expenses and income. Attorneys use financial disclosure statements to impeach a parent’s credibility and question them at trial on their financial circumstances. An attorney also uses a financial disclosure statement to ask for attorney fees in support cases.

Documents Attached to a Financial Disclosure Affidavit

A parent must include the following documents with their financial disclosure affidavit;

1. A current paycheck or paystub;

2. Copies of the most parent’s most recent state and federal income tax returns;

3. A copy of the most received w-2;

4. Copies of health insurance plans.

It is also useful to include a copy of the retainer agreement with your current lawyer.

Filling Out a Financial Disclosure Affidavit

The financial disclosure affidavit starts with a parent’s wages and income. A parent can decide how they wish to fill out the form. A parent can either base their expenses and income on a weekly, bi-weekly, monthly, semi-monthly, or annual basis.

A parent must include their wages and salaries, including:

1. Employer’s address

2. hours worked a week

3. Gross wages

4. Any payroll deductions, including FICA, federal taxes, New York State taxes, and New York City/Yonkers tax.

5. Number of dependents; and

6. If living with other people, how many and their income.

The parent must then disclose any other income they receive, including income from

1. Self employment;

2. interest and dividend income;

3. Workers Compensation;

4. Disability Benefits;

5. Unemployment Insurance Benefits;

6. Social Security Benefits;

7. Veterans Benefits;

8. Pensions and Retirement Benefits;

9. Fellowships/Stipends/Annuities;

10. Supplemental Security Income (SSI);

11. Public Assistance;

12. 10. Food Stamps; and

13. any other sources

Next, the parent must list all of their assets. Assets include

• Bank accounts;

• Cars;

• Homes and other real estate investments;

• Stocks, bonds, trailers, boats and other assets; and

• Licenses, including driver's, professional, recreational, sporting and other licenses and permits held;

The parent must include all health insurance information and the costs associated with it.

If the child is in private school, then the parent will also include private school tuition payments and other expenses related to the child’s education.

The parent also includes child care expenses such as babysitters and extra circular activities, which are normally considered add-on expenses.

The financial disclosure affidavit concludes by listing all other expenses, including any loans and:

• Rent or mortgage payment;

• Mortgage interest and amortization;

• Realty taxes (if not included in mortgage payment);

• Insurance on realty;

• Utilities, such as gas, electric, cable, water, and telephone;

• Garbage collection;

• Household repairs;

• Food;

• Charge accounts, loans, etc.;

• Car expenses, including gas, insurance, fees, and maintenance;

• Public transportation;

• Life insurance;

• Health insurance;

• Clothing;

• Laundry and dry cleaning;

• Other contributions;

• Union dues;

• Entertainment; and

• Miscellaneous personal expenses.

A financial disclosure affidavit must be sworn before a notary.

Experienced Attorneys like Daniel Szalkiewicz & Associates Can Help

Our attorneys are able to help you with the complicated financial disclosure affidavit. We help our clients organize the information and present it in a succinct and clear way so the court understands.