Preparing Your Income and Expense Declaration

by keith on July 19, 2013

Income and Expense Declaration is Critical to get Right

As the family courts are court of justice and equity, they place a high value on the fair dealing of the parties. Thus, they require the parties to make full and complete disclosure of their assets and debts, and financial status. Part of that disclosure constitutes preparing an Income and Expense Declaration. The Income and Expense Declaration is necessary for the courts to make any rulings related to child and spousal support, as well as any rulings related to the allocation of fees in the divorce proceedings, i.e. attorney’s fees, evaluator’s fees, and case costs. Take care when preparing your income and expense declaration!

When in doubt, get help from a Lawyer

Income and Expense Declarations should be completed with care and attention to detail. A mistake on the declaration could be used to discredit and impeach the party that prepared the declaration. Thus, it is important to fully and accurately disclose your information on the form.

Never leave and fields blank

You should not omit any applicable fields on the form. For example, if you had overtime income last month but you never had overtime income prior to last month, and you do not anticipate having overtime income again in the future, you should still disclose that overtime income on page 2, section 5 of the declaration. The same goes to completing the remaining sections of the form – it would be better to fully disclose your information to the court in the declaration then have to explain an omission to the court at your hearing date.

Careful about expenses!

You should take care when listing your expenses on page 3 as well. If you are not certain as to the exact amount of your expenses, you should check the box indicated that the disclosed amounts are for “estimated expenses.” You may also complete a second copy of page 3 and submit it to the court with the box “proposed needs” checked, where you may let the court know what your reasonable expenses would be in the future.

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