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Tips on completing the Montana Financial Affidavit Form

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Steps of Customizing the Montana Financial Affidavit Form

one of the questions that we get a lot.of times from our clients is how to.complete the family law financial.affidavit the family law financial.affidavit is something that's going to.be required in all cases involving a.dissolution of marriage a paternity.petition anytime there's child support.involved equitable distribution of.assets and debts so what I thought we.would do is take a little bit of time.just to explain the process and.hopefully educate you on how to complete.this form looking at the top of the form.this is the caption you can find this.information on any other document that.you've already completed in your case in.the circuit court of the blank here is.obviously if you're in Hillsborough it's.going to be a 13th Judicial Circuit it'd.be different for Pinellas and Pasco and.Polk and the same here and in for blank.County you know here it would be.Hillsborough so you would just simply.type in you know 13th if you're doing.Hillsborough and then obviously.Hillsborough goes here case number is.whatever the case number is it was.assigned to your file if it's a 2018.case you're gonna start with the 18 d r.and then whatever the the sequence of.numbers are following that you know goes.to 0 0 0 1 2 3 division is going to be.for instance R or again whatever the the.division is that you've been assigned to.petitioner pretty self-explanatory you.just put the name of the petitioner.there and then you're going to put the.name of the respondent down below again.full legal name who's ever completing.this the petitioner or the respondent.date of birth what you do for a living.you know whether you're a teacher doctor.whatever it might be pilot and then down.here under your currently if you're.employed you're going to check this box.and then you're simply going to put down.your employer's name address and other.contact information your pay rate is.again either if you're paid every week.whatever that might be if you're paid.every other week which would be 26 times.a year or if you're paid twice a month.what.again would be 24 times a year but.whatever it is you put your pay rate.there and then you keep toggling down.and since we're in 2018 last year's.gross income.you're gonna put 2017 and then whatever.it is that you made in 2017 from a gross.income perspective and what the other.party's income is moving forward your.monthly gross salary or wages again.looking back up here if it's if you're.paid every other week that's 26 times.you're gonna multiply your pay rate.times 26 times and then divide by 12 to.get your monthly gross wages if you're.paid twice a month.you're gonna take your pay rate multiply.that times 24 and then divide by 12 to.get your monthly gross wages when it.comes to bonuses you know people might.be paid quarterly they might be paid.some other way whatever it is however.you're paid if it's quarterly or.whatever you're going to multiply that.and then you're gonna divide by 12 to.put down your monthly bonuses or.commissions if it's some other method.again whatever it is however you're paid.once a year you divide it by 12 monthly.business income if you're self-employed.again the important thing to look at.here is it we're looking at gross.receipts minus ordinary and necessary.expenses to produce the income so you.don't just put down a number three if.you may if your business brought in.$300,000 gross.last year you don't just put down.divided by 12 whatever that number might.be you're gonna have to back out the.ordinary and necessary expenses to.produce the income you know sometimes.people take itemized deductions or other.deductions that they might be allowed.under the tax return but that doesn't.necessarily mean you can take those same.deductions here on on three it's only.those ordinary and necessary to produce.the income okay the rest of these are.pretty self-explanatory unemployment.compensation monthly worker's comp in.terms of alimony if you're not actually.receiving alimony already from the.present case then this is not going to.be have any entry here it's going to be.zero another thing to point out rental.income.it's not just the gross amount that you.get from your lease if there's a.mortgage on the property if you have a.property management company if you pay.taxes if there's a routine upkeep those.are expenses that you you can deduct.from the gross before you come up to.whatever your monthly rental income is.going to be here all right moving.forward this you can take right from.your pay stub your filing status.deductions claimed what your FICA is and.you're just gonna enter in all those.numbers here that correspond and then.what you're gonna do is you're gonna.take the present monthly net income and.you're gonna you're going to get that.number here where you take the total.deductions you're going to subtract all.of that from your gross and then you're.going to put your monthly net here the.next section deals with your average.monthly expenses now if you're currently.paying a mortgage or a rent payment.you're gonna you're gonna put that.whatever that number is right here so if.it's you know $2,000 a month is your.monthly mortgage that you're paying.that's what you're going to put right.there if you are in the process of.securing another residence or you think.you're going to be moving out of the.marital residence you're going to put.you know you're going to do some.research and you're going to find out.how much the monthly rent might be and.you're going to put that number there.and then you're going to write estimate.next to the entry because you're not.100% sure what it's going to be the rest.of the entries work the same way.whatever your average electricity is if.you're you know in an apartment or a.house whatever it is you can look back.over the last few months and average.those together to get your monthly.electricity amount and again if you're.going to be moving out and securing.another residence you're going to write.estimate this is what I think it's going.to be if depending upon the size of the.future residents compared to where.you're living right now you want to.include monthly repairs and maintenance.basically you want to go through this.it's tedious but you're going to want to.go through each one of these categories.and look back over your past few months.of expenses and average those out to.make sure that you have an expense.if it exists for all of these categories.and if there happens to be some other.expense that you might have that is not.included in the the pre-printed expense.itemization you've got some space down.here to add those as well.next we go down to the auto expenses.again you're going to be doing the same.an assessment looking through your.expenses how much am I paying on average.for gas and oil you know and if it's if.it's on a weekly basis you're just going.to multiply that out over the over the.year 52 weeks and then divide by 12 to.get your monthly amount here same for.repairs you know people may only have.repairs maybe every four six months or.so you just take whatever your repairs.have been over the past year or so it.divide that by 12 to get your monthly.amount and the same for these other.categories now for instance insurance if.you are paying the insurance on two.vehicles but you're only driving one of.them you can put the total monthly.insurance here and then you can add a.footnote to the form that indicates how.much is the insurance for your vehicle.and how much the insurance is for for.instance your spouse's vehicle moving.forward these are all of the expenses.for the kids so you know again same.assessment as for all these other.categories what are you spending on.average for monthly lunch money.allowances clothing in uniforms again.you're going to go back through your.credit card statements you're going to.go back through your bank statements and.you're going to average those numbers to.come up with your monthly amounts it's.important to take some time on this.document and not skip or just come up.with a number out of thin air everyone's.going to be looking at this opposing.counsels going to be looking at this the.court is going to be looking at this and.people are going to be relying on this.document if there's an alimony issue to.determine you know if you're the one.looking for alimony what your need is if.you're the person who's making a.slightly larger income and has exposure.they're going to be looking at this to.determine what your ability to pay that.alimony is.so again make sure you complete all of.these entries for expenses for the kids.and if you have kids from another.relationship again there's some lines.here where you can put whatever those.items might be that you're paying and.how much they are in a monthly basis.health insurance you want to make sure.here that if you've already deducted the.health insurance up here from your.deductions that you are not double.dipping so for instance on line 23 here.we've got monthly health insurance.payments excluding the portion paid for.any kids so this number 23 is looking.for the cost for your individual health.insurance if you didn't have any kids.how much would it be just for your.health insurance and that's the number.that you put here there's a space down.below under the kid's insurance here 45.how much does it cost extra to have the.kids on insurance and you would put that.number here and so you wouldn't.duplicate on line 64 health insurance.here if it's already been accounted for.in your prior deductions if you've got a.life insurance payment you're gonna put.that here on 65 66 is the same.assessment as the health insurance if.you've already deducted that above you.don't double dip and put that on line 66.moving forward again we're going back to.other monthly expenses not listed above.these are your monthly expenses the.person who is completed in this form so.how much are you spending on average.cleaning and on laundry for dry cleaning.and laundry how much you spending on.average for monthly clothing grooming.had expenses there's a lot of expenses.here that people just don't typically.pay attention to on a monthly basis but.it's important to focus on it for.purposes of this financial affidavit.because again when we're dealing with.ability to pay alimony or the the need.you want to make sure that you've.accounted for all of these expenses in.that assessment monthly payments of.creditors.if you've got a an outstanding Visa.American Express that you pay on monthly.you can itemize that here one thing to.be mindful of is that if the expenses.for that credit card are already.itemized up above so for instance if you.typically have a credit card and you're.paying your gas for it to pay for the.credit card or to pay for the gas using.your credit card.you've already accounted for that up.here under the gas expense so one thing.to be mindful of here is again making.sure that you're not double dipping that.you're not including an expense here for.a creditor payment where you've already.included it up above by itemizing it for.food or whatever else it is that you.might might be purchasing moving on so.again what you're going to do here I'm.106 is again you're gonna you're gonna.bring down what your present monthly net.income is and you're going to put that.number here you're going to put your.present monthly total expenses here and.then you're going to either you're going.to subtract those two numbers and if.you've got a surplus at the end of the.month you're gonna put that here and if.you have a deficit again you put that.there.alright this is the assets and.liabilities section this is where we're.going to put down you know even if you.have a child support case technically.you're supposed to complete this this.section as well as the liabilities and.certainly if you have a dissolution of.marriage you're gonna want to complete.this because this is where we're going.to be dealing with or looking to.equitable distribution of the assets and.debts so here cash on hand usually at.the date of filing how much did you have.on hand if any how much is in your bank.accounts on the date of filing and.you're going to itemize the accounts if.you have space and you can always add an.extra sheet if you need to if you have.you know multiple bank accounts that you.need to worry about stocks and bonds.again what it what is it you know which.which account do you have and what's the.current market value on the date of.filing money owed to you same thing who.owes it to you and how much do they owe.your your house you know put your.address in here and what do you think.the the fair market value was.on the date of filing a lot of times.people look to Zillow to complete this.and get an idea of what the fair market.value might be if you've got a business.interest you're gonna tell me or tell.the court what the business is called.and what you think the value is if you.don't know you can you can write.currently unknown unknown right there.automobiles.you're gonna itemize your cars you can.go to Kelly Blue Book and assess what.the fair market value might be based.upon the mileage at the condition of the.car and you're going to put that here.same thing for your boats maybe.motorcycles or any other vehicles that.you have you're gonna do the same and.enter the values here retirement plans.again if you've got a 401 K you're gonna.say it's a 401 K with whatever the.entity is and then what the value is on.the fair market or I'm sorry on the date.of filing this column non-marital versus.marital I mean again can't get into.specifics of your case but if you've got.an asset that you think might be.non-marital then you're gonna click this.box here as it's being non-marital for.instance to the husband or maybe it's.not if you're the wife and you're.completing this form it's the.non-marital to the wife.generally speaking assets acquired.during the marriage are going to be.considered marital but there's a lot of.exceptions it's important to consult.with an attorney and get the specifics.on whether your particular asset that.you're worried about is marital or.non-marital it's also very common for a.401k to have both an on marital.component a portion of it that was.earned prior to the date of marriage and.a marital component a part that was.earned after the date of marriage.furniture and furnishings in the home.again generally speaking this is garage.sale value it's not replacement value.it's not what you what it cost you to to.purchase the item it is garage sale.value sometimes if people have antiques.that can increase the value for this.section here collectibles jewelry again.pretty self-explanatory whatever you.think the the market value is of the.items that you're going to be listing.here.for sports TV and you know stereo.equipment it's not replacement value.it's if you sold it.what could you get for it moving on to.the liabilities and debts again here's.where you're going to put down the.information if they've got a residence.and there's a mortgage on it how much is.the mortgage if there's a second.mortgage how much is that if you've got.credit cards MX visa you don't have to.identify the in full account number but.you're probably going to want to put.visa and maybe the last four digits of.the card so that you know which card.you're talking about if you've got.multiple cards and you're going to put.the amount owed on the date of filing.same for the auto loan what's owed on.the date of filing and so on and then.what you're going to do is you're going.to add up all of your assets and you're.going to put that number here you're.going to add up all of your liabilities.and you're going to put that here and.then you're gonna put your total net.worth it could be positive or negative.depending upon again these two numbers.right here contingent assets you know.for instance if you have a personal.injury claim and you don't know what the.value is or it's a Content it's a.disputed personal injury claim you can.put down personal injury claim and then.possible value if you don't know you're.gonna say currently unknown.that's a contingent asset if you've got.a liability out there where maybe you're.going to end up owing some money but you.don't know how much you know maybe.there's a tax dispute maybe you're being.sued for something again you're gonna.whatever that contingent liability is.you're gonna identify it here and then.again if you know the possible amount.that might be due you're going to put.that here if you don't know you put it.here and again for all of these you're.gonna designate if you think it's.non-marital you can designate it as.being non-marital child support.guidelines worksheets section again if.you've got kids this is going to be.checked yes I'm gonna ultimately if you.haven't already file a child support.guidelines worksheets so this is where.you would check it is filed or it will.be filed in this case if you don't have.any kids this is a dissolution of.marriage with no kids then you're going.to check child support guidelines will.not be.in this case so this is just a brief.summary of the financial affidavit.everything that I've gone through today.applies equally to the affidavits that.exist for people making less than.$50,000 a year as a practice we like to.use this financial affidavit for both.people making more or less than $50,000.you're not precluded from using this.form if you make less than 50 it's just.that this is a little bit more detailed.and it gives a little bit more.itemization of the expenses and helps.people really flesh out their monthly.expenses than the short form financial.affidavit so again I hope this has been.helpful and thanks for listening.

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Montana Financial Affidavit Form FAQs

Note answers to questions about Montana Financial Affidavit Form . View the most useful topics and more.

Need help? Contact support

How is a search warrant and affidavit filled out by a peace officer?

In California it's normally typed on pleading paper (numbers on the side column), approved by a supervisor then taken to a judge. This is not a requirement. In exigent circumstances it can be written on anything.

What can I do when a divorced parent refuses to fill out a college financial aid form?

Anything that does not involve going to university and paying for it with loans/grants. Join the service. Get a full time job and take a class at a time and pay with cash. Find an employer that will pay for your schooling. Get married so you can be considered an independent student 9but not from your husband). Jus t get a job. By the time the government lets you file as an independent student(age 24) you may have found an even better pattern that doesn’t involve college at all.

If someone gives the wrong date of birth while filling out the NDA form, can it be corrected at the time of SSB by an affidavit or something?

Yes bro it can be, but for that u have to request upsc for that. You have to send an email or you have to go personally there. But as per my experience they will not allow you to appear in sab.

What is a financial affidavit?

Did you sign the affidavit? If not, you’re not on the hook for anything. If so, did you read it before signing? What make you say that your lawyer lies, rather than making a mistake?

What is a financial affidavit Florida?

“Motion to modify child support based on substantial change of circumstances.” Is one thing we file in Florida. You can hand-write it. Type it. Doesn’t matter. Usually there are standard forms. Just google form for changing child suppprt. You’ll need to file a financial affidavit. Also s standard form. And most states have formulas they apply using both parties financial affidavits and number of overnights. In many states the state Attorney or other agency will help collect it.

Do military members have to pay any fee for leave or fiancee forms?

First off there are no fees for leaves or requests for leave in any branch of the United States military. Second there is no such thing as a fiancée form in the U.S. military. There is however a form for applying for a fiancée visa (K-1 Visa)that is available from the Immigration and Customs Service (Fiancé(e) Visas ) which would be processed by the U.S. State Department at a U.S. Consulate or Embassy overseas. However these fiancée visas are for foreigners wishing to enter the United States for the purpose of marriage and are valid for 90 days. They have nothing to do with the military and are Continue Reading

Do I need to fill out a financial statement form if I get a full tuition waiver and RA/TA?

If that is necessary, the university or the faculty will inform you of that. These things can vary from university to university. Your best option would be to check your university website, financial services office or the Bursar office in your university.

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