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Affidavit (Appendix B) Form. This is a North Carolina form and can be use in Guilford (District 18) Local County.
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Tags: Affidavit (Appendix B), 1B, North Carolina Local County, Guilford (District 18)
STATE OF NORTH CAROLINA
IN THE GENERAL COURT OF JUSTICE
COUNTY OF GUILFORD
DISTRICT COURT DIVISION
_______-CvD-_____________
AFFIDAVIT OF:
(Name)
___________________________________,
Plaintiff
___________________________________,
Defendant
_____ PLAINTIFF
_____ DEFENDANT
SEEKING THE FOLLOWING SUPPORT:
_____ PSS/ALIMONY
_____ CHILD SUP PORT
FROM WHOM THE FOLLOWING IS SOUGHT:
_____ PSS/ALIMONY
_____ CHILD SUPPORT
Number of minor children: _______
Other dependents in home: _______
The undersigned Affiant, having been first duly sworn as to the truthfulness and completeness
of this affidavit, states that the average monthly financial needs for the support of the child(ren)
in this case and the Affiant’s MONTHLY income and expenses are as follows:
PART I: INCOME INFORMATION
1. My legal name is:
2. My Social Security Number
3. I am:
First Job
Second Job
Self-employed doing:
Employed by:
Employer's address(es):
Employer's telephone(s):
I receive the following AVERAGE MONTHLY GROSS INCOME (based on 52/12 weeks or 26/12 biweekly periods per month) from the following sources:
A. Wages/Salary $__________________________ E. Rent (net)
B. Bonuses
$____________________
$__________________________ F. Business profit (net) $____________________
C. Commissions $__________________________ G. Social Security
D. Interest/Dividends/Investments $_____________
$____________________
H. Pension/Retirement $_____________________
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I. Other (itemize)
$_____________________
TOTAL MONTHLY GROSS INCOME: $_____________
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“Other Income" includes (but is not limited to): severance pay, trust income, annuity income, capital gains, Workers Compensation benefits, Unemployment Insurance benefits,
disability pay, insurance benefits, gifts, prizes and alimony and maintenance received from any person(s) not a party in this case.
Appendix B, Form1B, p.6 (Rev.07/02)
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PART II - CHILD SUPPORT INFORMATION
1.
I have the following average MONTHLY expenses:
A. Court-ordered or Separation Agreement-required
child support for my children not living with me (and
not part of this action):
Name(s) of children:
$___________________
B.
Responsibility for my other children who live with
me (and not part of this action)(calculated per
Guidelines):
Name(s) and age(s) of other child(ren):
$___________________
C.
Gross monthly income of other responsible parent
(in other case):
Monthly work-related child care costs (in this
case)(100%)
Child(ren)’s portion of my health insurance cost:
$___________________
Extraordinary expenses for child(ren) (itemize)
(As defined on Page 4 of the Guidelines)
$___________________
D.
E.
F.
2. Number of nights the child(ren) spend with me each year
$___________________
$___________________
_____
The following documentation rules apply to all child support, post-separation support, and alimony cases.
As required by the Civil Case Management Rules, I hereby furnish the opposing party (but not the court)by attachment hereto:
(a) For the last four (4) months, proof of all my income, including, but not limited to, copies of all pay stubs, pay and
expense vouchers, employee benefit statements, stock option statements, company financial statements and tax
returns and/or Form 1040, Schedule "C" (if I am self-employed or employed by a closely-held corporation).
(b) For the last three (3) months, statements showing all accounts in banks, credit unions, brokerage accounts, and all
other financial institutions for which I have been an authorized signer.
(c) A listing of all outstanding debts with written documentation or account statements for each creditor showing the
principal balance I now owe and the terms of payment.
(d) For the last two (2) years, all federal tax returns filed by me or for me, including all schedules and attachments
(Forms W-2, 1099, etc.) together with all year-end tax documentation (Forms W-2, 1098, 1099, Requests for
Extension, etc.) for the most recent tax year, if that return has not yet been filed.
(e)
For the last two (2) years, all personal financial statements I gave to anyone, anywhere.
I understand that my failure to produce all the above documents to my opponent without just cause may
subject me to sanctions (including attorney's fees and costs) in the discretion of the presiding judge.
Appendix B, Form1B, p.6 (Rev.07/02)
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PART III
POSTSEPARATION SUPPORT, ALIMONY, AND
NON-GUIDELINES CHILD SUPPORT CASES
NOTE: To convert weekly income to monthly, multiply by 52/12; to convert
biweekly income to monthly, multiply by 26/12.
A.
NET INCOME
My total MONTHLY GROSS INCOME (from Part I) is:
I have the following average monthly deductions from my gross income:
Federal income taxes
Medical insurance
State income taxes
Life insurance
Social Security (FICA)
Medicare
____________
Other
____________
Retirement/401-K
TOTAL DEDUCTIONS:
My average MONTHLY NET INCOME is:
B.
NEEDS AND EXPENSES
I have the following average monthly needs and expenses
(1) SHARED FAMILY EXPENSE
House payment/rent
Telephone(s)/Pager
(incl. property tax and insurance)
Electricity
Home food & supplies
Heat (gas, etc.)
House maintenance
Water
Yard maintenance
Cable TV
Car payment
Garbage
Gasoline
SUBTOTAL:
I pro-rated the foregoing sub-total of family expenses between the child(ren) and
myself as follows:
Total amount for self:
Total amount for child(ren):
Reason(s) for method of pro-rating:
Appendix B, Form1B, p.6 (Rev.07/02)
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(2) INDIVIDUAL EXPENSES
Children
Self
(for whom I am legally
Item
Notes
responsible)
Religious Contributions
Charitable Contributions
School/work lunches
Medical insurance
(if not withheld from earnings)
Uninsured medical/dental
Uninsured prescription drugs
Uninsured therapy
(Explain if time limited)
Clothing
Grooming (hair, etc.)
Laundry/dry cleaning
Child care (work-related)
Child care (other)
Education (indicate nature in notes column)
Allowances
Activities (Y, sports, clubs)
Entertainment/Recreation
Meals out
Christmas gifts
Birthday gifts
Subscriptions (newspapers,
magazines, etc.)
Life insurance
Car insurance
Car - other (registration, etc.)
Other insurance (disability, etc.)
Vacations
Pets
Other (itemize):
SUBTOTAL:
Appendix B, Form1B, p.6 (Rev.07/02)
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(3) SUMMARY OF EXPENSES
Self
Children
Family - Pro-rated - from Section (1)
___________________
___________________
Individual - from Section (2)
___________________
___________________
TOTALS:
___________________
___________________
C. DEBT PAYMENTS
Debt
Monthly Payment
Balance
Mortgage loan
___________________ ___________________
Car payment
___________________ ___________________
Cash reserve
___________________ ___________________
Credit cards (itemize):
___________________ ___________________
___________________ ___________________
___________________ __________________
___________________ ___________________
___________________ ___________________
___________________ ___________________
___________________ ___________________
___________________ ___________________
TOTALS: ___________________ ___________________
STATE OF NORTH CAROLINA
COUNTY OF GUILFORD
VERIFICATION
Being first duly sworn, I depose and say that I have read the preceding pages, and
that I know the contents thereof; that the contents are true to my knowledge, except as to
those matters and things stated upon information and belief, and as to those matters and
things, I believe them to be true.
Sworn to and subscribed before me this ____ day of
___________, 20____.
A Notary Public of North Carolina
My commission expires:
Appendix B, Form1B, p.6 (Rev.07/02)
__________________________
Affiant’s Signature
(seal)
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25.1
PULL APART AND SUBMIT ONLY PARTS I & II (PAGES
1 & 2) AND THIS PAGE IN GUIDELINES-ONLY CASES.
SUBMIT ALL PAGES IN ALL POSTSEPARATION SUPPORT, ALIMONY
and/or NON- GUIDELINES CASES
GUIDELINES FOR THE USE OF THE AFFIDAVIT OF FINANCIAL STANDING
PURPOSE: To establish a uniform procedure for the use of financial affidavits in child
support, post-separation support, and alimony cases.
SCOPE: The affidavit shall be used in cases involving the establishment and
modification of private child support, post-separation support, and alimony. The
term "support" refers to all of these actions. The term "party" means the plaintiff or
defendant or either attorney.
MANDATORY USE OF FINANCIAL AFFIDAVIT: Each party who seeks support or
from whom support is sought shall file with the Clerk and serve upon the other party
a Financial Affidavit of Financial Standing:
using Form 1A when the income of the parties is from wages and the assets are
fairly simple; using this form (Form 1B) when income, assets and expenses are
more diverse.
The moving party shall attach the Affidavit to his or her pleading.
The responding party shall file and serve the Affidavit on the opposing party:
within seven (7) days and no later than Friday preceding the Session Calendar Call
in a Child Support case;
within fourteen (14) days but no later than the Wednesday preceding the first week
of the domestic term in which the case is scheduled for hearing in Post-Separation
Support, Alimony and Non-Guidelines Child Support cases.
MANDATORY FORM: The Affidavit of Financial Standing filed by a party shall not
deviate from the form attached hereto, but parties may supplement the Affidavit by
attaching additional financial information and/or documents.
Appendix B, Form1B, p.6 (Rev.07/02)
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