Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form
Pretrial Statement And Affidavit Form. This is a Ohio form and can be use in Cuyahoga County (Court Of Common Pleas).
Loading PDF...
Tags: Pretrial Statement And Affidavit, Ohio County (Court Of Common Pleas), Cuyahoga
COURT OF COMMON PLEAS
DIVISION OF DOMESTIC RELATIONS
CUYAHOGA COUNTY, OHIO
_________________________________________
Plaintiff
:
_________________________________________
Address
:
_________________________________________
City, State, Zip Code
:
Marital Residence:
No
:
_________________________________________
Attorney Address
:
___________________________________
:
_________________________________________
Attorney Telephone
Judge:
:
_________________________________________
Attorney
___________________________________
:
_________________________________________
Day Time Telephone Number
Case Number:
Yes
PRE-TRIAL STATEMENT
WITH AFFIDAVIT OF
PROPERTY, INCOME & EXPENSES
vs.
:
_________________________________________
Defendant
_________________________________
(Your Name)
_________________________________________
Address
:
_________________________________________
City, State, Zip Code
:
Marital Residence:
Yes
WIFE
HUSBAND
No
:
_________________________________________
Day Time Telephone Number
:
_________________________________________
Attorney
:
_________________________________________
Attorney Telephone
____________________________
:
_________________________________________
Attorney Address
Date of Marriage:
:
Date of Separation ____________________________
THIS STATEMENT MUST BE FILED WITH THE COURT 7 DAYS PRIOR TO THE PRE-TRIAL CONFERENCE, IF ONE IS HELD
OR IF NO PRE-TRIAL CONFERENCE IS HELD, THEN NO LATER THAN 14 DAYS PRIOR TO THE TRIAL DATE OR 3 DAYS AFTER
RECEIPT OF NOTICE OF THE TRIAL DATE, WHICHEVER IS LATER, AND IN ACCORDANCE WITH LOCAL RULE 12 OF THIS
COURT. A TIME-STAMPED COPY OF THIS STATEMENT SHALL ALSO BE DELIVERED TO THE ASSIGNED JUDGE’S
SCHEDULER ON THE DATE OF FILING.
BRING TO THE PRE-TRIAL CONFERENCE ALL DOCUMENTS AND OTHER SUPPORTING INFORMATION NECESSARY TO
VERIFY OR EXPLAIN THE STATEMENTS MADE IN THIS PRE-TRIAL STATEMENT, INCLUDING, BUT NOT LIMITED TO, TAX
RETURNS, PAY STUBS, CHECKBOOKS, DAY CARE RECEIPTS, CANCELLED CHECKS, INSURANCE CARDS, CERTIFICATES
AND POLICIES.
FAILURE BY EITHER PARTY TO COMPLETE, FILE AND PRESENT THIS FORM AS REQUIRED WILL SUBJECT THAT
PARTY AND COUNSEL TO THE SANCTIONS PROVIDED IN DDR RULE 11(C)(2). ANY FALSE STATEMENT MADE HEREON MAY
SUBJECT YOU TO CRIMINAL PENALTIES FOR PERJURY, AND MAY BE CONSIDERED A FRAUD UPON THE COURT. IF YOU
FAIL TO DISCLOSE ANY ASSET, DEBT, INCOME OR EXPENSE, THE COURT MAY COMPENSATE YOUR SPOUSE WITH UP TO
THREE (3) TIMES THE VALUE OF THE UNDISCLOSED ITEM(S), PER ORC 3105.171(E)(5).
PLEASE USE THE YELLOW FORM FOR THE WIFE AND THE BLUE FORM FOR THE HUSBAND.
DRPTS Revised 7/10
Initial: ________
Page 1 of 1
American LegalNet, Inc.
www.FormsWorkFlow.com
I. PROPERTY
List ALL OF YOUR PROPERTY AND DEBTS, those of your spouse, and joint property and debts. Do not leave any category blank. For each item, if
none, write “NONE.” If you do not know exact figures for any item, give your best estimate and write “EST.”
A. Real estate interests: PLEASE STATE WHETHER ANY LEGAL ACTIONS ARE PENDING (i.e. FORECLOSURES, ETC.)
If more space is needed, attach extra pages.
Address
(Check box if legal action
is pending)
A.
Titled to Husband,
Wife or Joint
(Check box)
H
W
Joint
Present Fair
Market Value
YES
See additional pages:
Names & Addresses of
Mortgage/Lien Holders
Mortgage/Lien
Balance Due
Monthly
Mortgage/Lien
Payments
W
Joint
$
$
$
$
$
H
$
$
B.
$
$
$
B. Other assets: PLEASE STATE WHETHER ANY LEGAL ACTIONS ARE PENDING.
If more space is needed, attach extra pages.
Category
Include automobiles, trucks, motorcycles,
boats, motor homes, etc. Identify year,
make and name of Lien Holder
YES
Balance on
Liens/Loans
(if any)
Monthly
Payment on
Liens/Loans
In
Possession
of H or W
Check box if subject of
pending legal action.
A. Vehicles
Description
See additional pages:
Titled to:
Present Fair
(H, W or
Market Value
Joint)
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Check box if subject of
pending legal action.
Include checking, savings CDs, POD accounts, money
market accounts, etc.
Check box if
subject of
pending legal
action.
Identify each plan, including profit-sharing, IRAs, 401(k)s,
etc.
Identify name of company, type of shares, and number of
shares.
Check box if
subject of
pending legal
action.
D. Publicly Held
Stocks, Bonds,
Securities &
Mutual Funds
$
$
C. Pensions &
Retirement
Plans
$
$
B. Financial
Accounts
$
DRPTS Revised 7/10
Initial: ________
Page 2 of 2
American LegalNet, Inc.
www.FormsWorkFlow.com
$
$
$
$
$
$
$
$
$
$
Specify the
amount of any
cash
surrender
value.
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Check box if subject of
pending legal action.
Identify business, type of ownership and percentage of
stock
Check box if subject of
pending legal action.
Identify policy, beneficiary and whether a term life or
whole life policy
Check box if
subject of
pending
legal action.
Give location and describe contents
Include collections, rare books, stamps, guns, antiques, art
objects, computers machinery, personal injury/workers
compensation claims, promissory notes, loans to others, tax
refunds due, interests in estates or trusts, franchises, copyrights,
etc.
Check box if subject of
pending legal action.
I. Furniture and
Appliances
$
$
H.
Miscellaneous
Assets
$
$
G. Safe Deposit
box(es)
Monthly
payment on
Liens/Loans
$
F. Life
insurance
Titled to:
(H, W or
Joint)
Balance on
Liens/Loans
(if any)
$
E. Closely Held
Business
Interests
Description
Present Fair
Market Value
$
Category
Attach detailed inventory if more space is needed
See attached inventory
In your
possession
In spouse’s
possession
DRPTS Revised 7/10
Initial: ________
Page 3 of 3
American LegalNet, Inc.
www.FormsWorkFlow.com
J. Transferred
Assets
Explanation: List the name and address of
any person (other than your spouse and
creditors listed on this affidavit) to whom you
have given money or property exceeding
$100.00 in value in the past 12 months.
Present
Fair
Market
Value
Name and Address of Transferee
Reason for Transfer
Check box if subject of
pending legal action.
$
$
$
$
$
C. Unsecured Debts: If you do not know exact figures for any item, give your best estimate and write “EST.” List ALL UNSECURED DEBTS,
INCLUDING CREDIT CARDS; (SECURED DEBTS SHOULD BE LISTED BESIDE THE ASSET SECURING THAT DEBT IN SECTIONS A & B ON PAGES 2 AND 3).
If more space is needed, attach extra pages.
See additional pages: YES
Name of Creditor
Purpose of Debt
Last 4 digits
of account #
In name of
H, W or
Joint
Used by
H, W or
Both
Total Balance
(principle and
interest)
Monthly Payment
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
D. Separate Property Claims as defined in Ohio Revised Code §3105.17(A)(6)(a)
If more space is needed, attach extra pages. See additional pages:
Category
Description
Inheritances
Property Owned Before
Marriage
Passive Income and
Appreciation
Property Acquired after a
Legal Separation Decree
YES
Present Fair Market
Value
Present Debt
(If any)
$
$
$
$
$
$
$
$
$
$
$
Initial: ________
$
$
Prenuptial Agreement
Personal Injury
Compensation
Gifts Made Solely to One
Spouse
DRPTS Revised 7/10
Details supporting your
claim of separate
ownership
$
Page 4 of 4
American LegalNet, Inc.
www.FormsWorkFlow.com
II. Information Required for Support Calculation:
Minor or Dependent Children of this Marriage
A.
(Include adopted children and any child of the parties who is over 18 and still attending high school or is mentally or physically disabled)
Child’s Name
Date of Birth
Age
Residing with
ARE THERE ANY OTHER SUPPORT ORDERS ESTABLISHED FOR THESE CHILDREN?
YES
NO
IF YES, ATTACH COPY OF ORDER AND PROVIDE THE FOLLOWING INFORMATION: DATE OF ORDER:_________ AMOUNT: $____________
CASE NUMBER: ________________
______________________________
B.
SETS NUMBER: ___________________
COURT (or Agency) NAME:
Other Minor Children Living in My Household.
Child’s Name
Relationship to You
Date of Birth
Age
Court Ordered Support Received
$
$
$
C.
Other Minor Children of Mine, NOT Living in My Household.
Child’s Name
Residing with
Date of Birth
Age
Court Ordered Support Paid
$
$
$
III. Child Support Guideline Adjustment:
Husband/Father (all figures per year)
Wife/Mother (all figures per year)
$
$
$
$
Total court ordered child support you pay for other children
Total court ordered spousal support you pay to former
spouse(s)
Number of your other dependent children living with you from
another marriage or relationship
Court ordered child support you receive for the dependent
child(ren) you indicated on line above
Childcare expenses you pay for child(ren) of this marriage
(employment or educational related)
$
$
$
$
Local income taxes paid or rate of tax where you live or work
$
Self-employment tax (5.6% of A.G.I.)
Health insurance premium for children (family plan cost minus
individual plan cost)
$
$
$
$
%
$
%
IV. Annual Income [as defined in Ohio Revised Code §3119.01(B)(5)]:
Gross Annual Income from Employment (If not known, please estimate and write “EST” after each estimated figure.)
Husband/Father
Wife/Mother
Gross Annual
Employment Income
Wages
$
Salary
Salary
Wages
$
Name(s) of Employer(s)
Payroll Address(es)
City, State, Zip
52
26
24
12
52
26
24
12
Check the number of
paychecks per year
Through date of:
Through date of:
Year-to-date Gross Income
$
$
Prior Year’s Tax Refund
$
$
Benefits from Employment
A.
(Company Car, Club Memberships,
Stock Options, etc.)
1.
2.
3.
DRPTS Revised 7/10
$
$
$
$
$
$
Initial: ________
Page 5 of 5
American LegalNet, Inc.
www.FormsWorkFlow.com
Total Annual Value of Benefits:
$
$
B. Annual Overtime, Commissions and Bonuses (If not known, please estimate and write “EST” after each estimated figure.)
Husband/Father
Base Income
Wife/Mother
Overtime, Commissions
& Bonuses
Base Income
Overtime, Commissions &
Bonuses
LAST YEAR:
$
$
$
$
2 YEARS AGO:
$
$
$
$
$
$
$
$
$
$
$
$
3 YEARS AGO:
THIS YEAR
THROUGH
C.
Month
Day
Year
Gross Annual Self-Employment Income (If not known, please estimate and write “EST” after each estimated figure.)
Use gross annual figures for most recent full year. See Ohio Revised Code §3119.01(C)(13)
Gross Annual Business Receipts
$
Company Name
Ordinary & Necessary Business Expenses
- $
Company Address
Net Annual Business Income
=$
Nature of Business:
Other Annual Income: Other income includes commissions, (other than from employment), royalties, tips, rents, dividends, severance pay,
interest, trust income, annuities, social security benefits, (including retirement, disability and survivor benefits that are not need based), workers’
compensation, unemployment insurance, spousal support actually received, recurring capital gains, etc. Also include military pay (including base
pay, BAQ, BAS, specialty pay, variable housing allowance, training pay, combat pay, hazardous duty pay, etc). Need Based Assistance includes
benefits received from a government-administered means-tested program, such as, Ohio Works First, food stamps, SSI, disability financial
assistance, etc. For complete definition of income see Ohio Revised Code Section 3119.01(C)(7). If exact amounts are not known, please
estimate and write “EST” after each estimated figure.
If more space is needed, attach extra pages.
See additional pages: YES
D.
Husband/Father
Other Income (Describe)
Need Based Assistance
Wife/Mother
Other Income (Describe)
Need Based Assistance
$
$
$
$
$
$
$
$
$
$
$
$
$
Total Other
Income
E.
$
$
Total Need
Based
Assistance
$
$
$
Total Other
Income
$
Wife/Mother
Average Monthly Deductions
Total Gross
Fed/State/Local
Annual Income
$
$
Total Need
Based
Assistance
$
Available Monthly Income
Husband/Father
Average Monthly Deductions
Total Gross
Fed/State/Local
Annual Income
$
Taxes
Social Security
Medicare
Health
Insurance
Union Dues
Total Average
Gross Monthly
Income
Divide Gross
Annual By 12
$
Taxes
Social Security
Medicare
Health Insurance
$
Average
Monthly
Deductions
Minus
Union Dues
$
Pensions
$
$
Pensions
$
IRAs/401(k)s
$
Available
Monthly Income
Equals
IRAs/401(k)s
$
Support Orders
$
$
Support Orders
$
Other:
$
Other:
Total Average
Deductions
$
$
Total Average
Deductions
$
$
$
$
DRPTS Revised 7/10
Initial: ________
$
$
Total Average
Gross Monthly
Income
Divide Gross
Annual By 12
Average
Monthly
Deductions
Minus
Available
Monthly Income
Equals
$
$
$
Page 6 of 6
American LegalNet, Inc.
www.FormsWorkFlow.com
V. Affiant’s Monthly Living Expenses:
On pages 7 and 8 please list the ACTUAL expenses for your present household. Give estimated expenses if you do not have exact
figures, and check the appropriate box if you give an estimated expense.
Check box to right of
each ESTIMATED
expense
A. MONTHLY HOUSING
EXPENSES
RENT OR FIRST MORTGAGE
(circle one)
REAL ESTATE TAXES (if not included
above)
REAL ESTATE/HOMEOWNERS
INSURANCE (if not included above)
SECOND MORTGAGE or
EQUITY LINE, if any
UTILITIES:
Electric (level billing or
average/month)
$
Work/Educational Related Childcare
$
$
Clothing
$
$
School Supplies
$
$
Children’s Allowances
$
Extracurricular Activities, Lessons
$
School Lunches
Other:
$
$
Gas (if billed separately)
$
Fuel Oil/Propane
$
Water and Sewer
Telephone (basic monthly charge &
average long distance)
$
TOTAL CHILD RELATED
EXPENSES (C)
D. MONTHLY INSURANCE
PREMIUMS
$
$
Check box to right of
each ESTIMATED
expense
Cleaning Service
Maintenance and home repairs
Expenses
LAWN SERVICE AND SNOW
REMOVAL
OTHER (specify):
Life
$
$
$
$
Renters/Personal Property
Other (specify):
$
$
Disability
$
$
Health
$
FOOD, ETC.:
Groceries (include food, paper and
cleaning products, toiletries, etc.)
$
Auto
Cable Television
CLEANING, MAINTENANCE, REPAIR
TOTAL HOUSING (A)
B. OTHER MONTHLY LIVING
EXPENSES
Check box to right of
each ESTIMATED
expense
C. MONTHLY CHILD RELATED
EXPENSES
$
$
$
Check box to right of
each ESTIMATED
expense
TOTAL INSURANCE PREMIUMS
(D)
$
Check box to right of each
E. MONTHLY
ESTIMATED expense
EDUCATIONAL EXPENSES
Description
You
Children
$
Tuition
$
$
$
Books, Fees, etc.
$
$
$
$
College Loan Repayment
Other:
$
Vehicle Loans and/or Leases
$
$
Vehicle Maintenance
$
Total Education Expenses for
Each Column
$
$
Gasoline
$
TOTAL EDUCATION (E)
(Add Both Columns)
F. MONTHLY HEALTH
CARE EXPENSES (Not
covered by insurance)
Description
Restaurant
TRANSPORTATION, ETC.
Parking, Public Transportation
CLOTHING, ETC.
Clothes (other than for children)
Dry Cleaning, Laundry
PERSONAL GROOMING
$
$
$
$
$
$
$
$
$
Prescriptions
Other (specify):
$
$
$
$
$
$
$
Total Health Care Expenses for
Each Column.
$
$
Children
Optometrists/Opticians
$
DRPTS Revised 7/10
You
Dentists
$
TOTAL OTHER LIVING
EXPENSES (B)
Check box to right of each
ESTIMATED expense
Physicians
$
CELL PHONE
OTHER (Specify):
$
Initial: ________
TOTAL HEALTH CARE
EXPENSES (F)
(Add Both Columns)
$
Page 7 of 7
American LegalNet, Inc.
www.FormsWorkFlow.com
G. MISCELLANEOUS MONTHLY
EXPENSES (Your Expenses Only)
H . MONTHLY DEBT
PAYMENTS NOT
PREVIOUSLY LISTED
Check box to right of
each ESTIMATED
expense
Include children’s expenses in
section C or E on page 4
Last 4
digits of
account #
Check box to right of
each ESTIMATED
expense
Identify by Creditor
Entertainment
$
$
Lessons, Health Clubs, Hobbies, Etc.
Books, Newspapers, Magazines and
Other Subscriptions
$
$
$
$
Donations
$
$
Gifts
$
$
Vacations
Other (specify):
$
$
$
$
$
$
$
$
$
$
TOTAL MISCELLANEOUS (G)
$
$
$
$
There are ________ adults and ________ children now living in my
household.
$
I am assisted in my living expenses by:
$
______________________________________________
$
$
Amount of Contribution per Month: $__________________
DO NOT INCLUDE NEED BASED PUBLIC ASSISTANCE
GRAND TOTAL OF MONTHLY EXPENSES
$
TOTAL DEBT PAYMENTS (H)
(SUM OF A thru H)
It is very important that you add each section and place a total in this box
$
VI. Bankruptcy:
Filed by
Date of Filing
Case Number
Date of discharge or
relief from stay
Type of case
Current monthly
payments
(Ch. 7, 11, 12, 13)
$
$
OATH OF AFFIANT
I, (print name) __________________________________, hereby swear or affirm that the information set forth in this Affidavit is
true, complete, and accurate. I understand that falsification of this document may result in a contempt of court finding against me which
could result in a jail sentence and fine, and that falsification of this document may also subject me to criminal penalties for perjury.
(Ohio Revised Code §2921.11).
___________________________________________
Affiant
Sworn to and subscribed before me this ________ day of ________________________, 20________.
___________________________________________
Notary Public
DRPTS Revised 7/10
Initial: ________
Page 8 of 8
American LegalNet, Inc.
www.FormsWorkFlow.com