What is a Domestic Relations Financial Affidavit?

What is a Domestic Relations Financial Affidavit?

The Domestic Relations Financial Affidavit, which is also abbreviated as DRFA (Sample Form), is typically filled out before a Georgia divorce or family law case starts. The Georgia Domestic Relations Financial Affidavit is specifically required and outlined in the Georgia Code under the Uniform Superior Court Rules of Georgia: Rule 24.2. Financial Data Required.  It is used to summarize the current income, financial assets, and expenses of an individual to proceed with a divorce settlement. It provides full financial disclosure from both parties and is also used to determine any child support obligation that one of the party members of the divorce case might have to pay.

The information stated should be accurate numbers about your current finances. While very accurate numbers monthly are not always expected or possible, an accurate monthly average should be stated whenever possible.  This can be done by taking the yearly expected total for an expense or income amount an dividing it by twelve (12) months.  If you are unsure about a specific expense of income line item, fill in an estimate and make a note that it is an estimate. It is best not to leave any blank spaces on the form, if you cannot provide an answer fill in as Not Applicable or N/A. The court will most likely not ask for copies of statements and paystubs for every expense and income item listed, but they should justifiable and be readily produced in in the event you are asked.

Domestic Relations Financial Affidavit: Main information Required

This section asks for basic information about the person filling out the form, referred to as the affiant. It asks for the affiants name and the opposing party’s along with the date of marriage and separation and the names and birth dates of any children.

Summary of Affiant’s Income and Expenses

This section is the document’s summary. It is recommended to fill out this section at the end. It is listed second in order for the court’s benefit.

Affiant’s Gross Monthly Income

This section is for the affiant’s income. Insert dollar amounts on all areas where you receive income. Then sum up all sources of income to show your total gross monthly income.

Amounts Withheld Monthly From Gross Income

This section is used calculate the federal taxes, state taxes, and FICA that are deducted from the affiant’s gross income. Enter in your Net Monthly income deducting these taxes only. There may be additional deductions taken from your wages so make sure that the net monthly income amount you state does not include other deductions like life, health, or disability insurance, or contributions to retirement. It also asks the affiant to state their pay period along with the number of exemptions claimed.

Assets listed on the Domestic Relations Financial Affidavit

This next section asks for specific assets. State the approximate value next to the description. It is important to note that the affiant does not need to state their entire bank account but simply their bank name and the last four numbers of the account. If it is claimed that an asset is non-marital then the entire value should be entered either under the “Husband’s Separate or “Wife’s Separate”. If it is agreed that the value should be split, then fill in the amount each party claims. Once this section is completed sum up all the amounts and list the sum under the section “Total value of assets”.

Average Monthly Expenses

This section asks the affiant to state their entire major household, children, insurance, vehicle, and other monthly expenses. It is important to note that this section asks to list only monthly expenses; it is best to average out the expenses. The household expenses that are asked for are the bills the affiant is paying at their current residence, not shared bills. It should be assumed that the spouse does not live in the same household and their expenses should not be listed. The expenses listed in the “Children’s Expenses” section only apply to children that are living with the affiant and are under the age of eighteen (18) years old.

Once all the expenses sections are completed sum up the amounts and state the sum in the section “Total Monthly Expenses.”

Payments to Creditors

The expenses that should be listed in this section may include monthly credit card payments, car payments and other money you owe. State the creditor’s name, the full balance due, and the monthly payment made. Once all the payments that are made to creditors are listed state the total balance due to all creditors and all the monthly payments made to the creditors. Add the total expenses from the sections in “Total Monthly Expenses” with “Total Monthly Payments to Creditors” and enter in the line for “Total Monthly expenses” at the bottom of the document.  Expenses already listed in the form, such as mortgages and automobile loan payments should not listed again if they were already previously listed in the form.

Once all the sections are completed, return back to the first page and complete the second section with the total sums from the rest of the document. After completion, the Domestic Relations Financial Affidavit should be made under oath by a signed affidavit, by which the signer is swearing to tell the truth on the affidavit. The DRFA should be signed in the presence of a notary when finalized. In Georgia, Domestic Relations Financial Affidavits are filed with the divorce or family law case and can usually be amended and updated as needed.

If you are facing divorce or another family law issue, call us at 770-609-1247 to speak with one of our experienced Roswell Georgia divorce and family law attorneys.

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