A common question we get in divorce and other types of domestic relations cases is what is the Domestic Relations Financial Affidavit (also know as a DRFA). If you are filing for divorce, then your attorney will usually ask you to complete a DRFA early on in your case. Under Georgia law, the Domestic Relations Financial Affidavit is required for the case to proceed in court. Filling out a DRFA can be quite time consuming, but it really does not have to be. The article below highlights some of the most common questions we are asked by client regarding the “Domestic Relations Financial Affidavit.”
What is a “Domestic Relations Financial Affidavit?”
Domestic Relations Financial Affidavit is a written sworn statement made in presence of a party who is authorized to administer an oath, often times, the notary public. The DRFA lists out the income a party earns, spending, including monthly income, and how much is owed. The purpose of filling out the affidavit is to provide the Court with a “snapshot” of couple’s financial standing. Anything stated in the affidavit is listed under oath, thus it is important to be truthful and make a full disclosure of the income.
How difficult is to fill out a Domestic Relations Financial Affidavit?
This may sound rather simple, however it can become complicated if not done accurately. Determining the accurate figures of expenses, assets, liabilities, and income is rather an arduous task. Nonetheless, it is essential to fill out the affidavit to the best of your abilities, as it is part of the final divorce settlement agreement and Courts use it to decide the child support, alimony, and property division.
Before filing out a Domestic Relations Financial Affidavit, one should consider the following:
- Is there a time frame when the affidavit has to be filled out?
- The Financial Affidavit should be filled out as soon as possible so your attorney gets the chance to quickly review and file it with the Court fifteen days prior to the temporary hearing.
- Helpful tips in filling out the Financial Affidavit
A. Personal Information Section
This section asks for basic information from the party filling out the form. It asks for party’s name, date of birth, address and the state. Further, spouse’s basic personal information including name, date of birth, address, and state is to be provided. Lastly, the date of marriage, date of separation, and if minor children are involved, then name and birth dates of children involved is to be also stated.
B. Employment and Income Section
This section asks for employment history including the place of employment, number of exemptions claimed, and pay period. Lastly, if the person filling out the form expects to be unemployed or change jobs in the future, how the change will affect the income will be required.
C. Summary of Income and Expenses
This section asks about a gross monthly income, net monthly income, and total income taxes, and expenses. It is recommended that this section be filled at the end. Try not to leave any portion of this section blank. If something is not applicable, you can put N/A or $0.00.
The figures should be calculated on good faith basis. . Whenever possible, use averages. If you are unsure, put in estimates. Your attorney does not require you to produce individual bills for every item, however do be sure that you can justify the amount you enter. Regardless, majority of the forms will ask you for average monthly amounts.
1) Gross Monthly Income: To determine the gross monthly income, insert dollar amount for income earned or unearned from any source. Once the dollar amount is determined, then sum up all the sources of income to come up with total gross monthly income.
2) Benefits of Employment: Insert the dollar amount for all the benefits of employment not deducted from salary or wages. Under this section, automobile, medical/dental expense benefits, retirement and stock contribution is to be calculated. After calculating each employment benefit, sum up all the sources of employment benefit to come up with the total dollar amount of employment benefits.
3) Net Income: To calculate the net income, calculate federal and state taxes, FICA, and self-employment tax if applicable. Determine the net monthly income after deducting the taxes described above. Additional deductions may be deducted from the wage.
4) Average Monthly Expenses: To calculate the average monthly expenses, calculate all the necessary expenses including household expenses, automobile expenses, children expenses, and other necessary expenses. Keep in mind children expenses section is only applicable to children under the age of eighteen (18). Once all the expenses are calculate, next sum up the amount and fill the amount under the total monthly expenses.
5) Payment to Creditors and Assets: Under this section, list all the money owed to the creditor including credit card payments, car payments etc. Sum up all the amounts to determine the total monthly expenses and payments made to creditors. Lastly, list all the assets.
It is highly recommended that after filling out the document, you thoroughly review all the information provided. Keep in mind; the form should be made under oath by a signed affidavit. If you have any questions, don’t hesitate to contact your attorney.
Things to Consider when filling out the Financial Affidavit
When filling out the financial affidavit, you should keep in mind several things:
1. Your divorce attorney is not responsible for any major mistakes you make on your DRFA. Your attorney will review your DRFA, but will just skim through it for mistakes. Your attorney will only have the information that you give him or her in regards to your finances. While reviewing your DRFA, if your attorney comes across the numbers that are way off, then that may raise some concern and your attorney will bring it to your attention. With that said it is important for you to carefully review your DRFA.
2. Accuracy Matters. Try to use the actual amounts in your affidavit, instead of estimating monthly expenses and income. When filling out your affidavit, it is important to look at the information you have in your hands, including your paystubs and billing statements to ascertain accurate amounts.
3. Try to be as truthful as possible. As previously stated, financial affidavits are sworn statements made in presence of a notary. Accuracy is important and courts expect each party to truthfully complete the affidavits. Prior to submitting your DRFA, you swear under oath that the information you are providing is accurate to the best of your abilities. Misleading the Court and providing false information may penalize you.
4. You will get an opportunity to review DRFA. It is understandable that circumstances might change; therefore you will get an opportunity to revise your DRFA if the need arises. Be sure to not take advantage of this opportunity though as repeatedly revising the financial affidavit will cause the court or opposing counsel to question your credibility.
Where Can I find a copy of the Domestic Relations Financial Affidavit?
The affidavit can be found by clicking on the link below. A hard copy of the Affidavit can also be requested from the Clerk of the Court in the county with the pending case.
Below is the link for the Financial Affidavit: http://www.georgialegalaid.org/resource/domestic-relations-financial-affidavit
If you are going through a divorce right now, then it is advised that you consult your local family law attorney today. Filling out a DRFA can be confusing, but it does not have to be. If you have questions in regards to your financial affidavit, then contact us today. Our attorneys at Coleman Legal Group, LLC have dealt with cases similar to yours, and can help you also. Call 770-609-1247 today to discuss your matter with us.
